The trans woman, who was refused to be examined by a gynaecologist who told her “You are a man, I do not condone your situation”, has been sentenced to one year and two months of prison.
Source: “Doktor Muayene Etmedi, Üstüne Mahkeme Ceza Verdi”, (“Doctor Who Didn’t Examine Trans Woman, Court Punished Trans Woman”), bianet, 8 December 2015, http://bianet.org/bianet/saglik/169985-mahkeme-saglik-hakki-engellenen-trans-kadina-ceza-verdi
Trans woman H.Ç. has been sentenced to one year and two months in prison after gynaecologist F.H. refused to treat her because of her transsexuality and then filed a lawsuit claiming insult against her. The Ninth Istanbul Criminal Court of First Instance decided to delay the punishment.
H.Ç.’s application to the prosecutor’s office regarding the gynaecologist who refused to examine her was rejected because the governorate did not allow an investigation.
She said “you are a man” and did not examine trans woman
Last year, H.Ç. received her gender reassignment surgery in a private hospital and went to the General Surgery Department of Reşat Belger Göz Eğitim Araştırma Hastanesi (Eyesight Training and Research Hospital) in Beyoğlu, Istanbul on 31 March 2014 to get a prescription.
According to H.Ç., General Surgery directed her to the Maternity Ward Service. However, F.H. who worked in that service said, “It is not my specialty, I will not do the examination. You are a man, I do not condone your situation” and refused to examine H.Ç. H.Ç. told her that she’ll file a complaint against her and the doctor F.H. said, “Go complain wherever you want.”
H.Ç. went to the chief physician with her lawyer and filed a complaint. Dr. F.H. made a criminal complaint against H.Ç. for the claim of insult.
On 15 September, H.Ç. filed a complaint against the doctor for “discrimination, insult, preventing access to the right to medical treatment and negligence in medicine.” The governorate did not allow the investigation after the complaint.
Social Policies, Gender Identity and Sexual Orientation Studies Association (SPoD LGBTI) lawyer Rozerin Seda Kip objected to the governorate’s decision but her objection was denied by a majority of votes at the Istanbul Regional Administration Court.