Turkey’s Constitution

The Rights Violations Against LGBT People: Selected Case Analyses

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (The Rights Violations Against LGBT People: Selected Case Analyses.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf   

The Social Policies, Gender Identity and Sexual Orientation Studies Association has been working in the field of access to law and justice since it was founded two years ago. We have organized educational workshops on LGBT rights for lawyers in order to strengthen LGBT people’s methods of accessing justice. We have also given legal aid to LGBT people whose rights have been violated. Our other work includes tracking legislation, participating in the New Constitution drafting process, and pursuing selected cases.

This report includes case summaries and analyses of SPoD’s selected cases. The selection has been made according to the LGBT public’s key issues. Cases based on the frequent violations of LGBT people’s right to life, work, and housing have been chosen. Emphasis has been placed on joining cases as joint plaintiffs while working with lawyers, NGOs, and the Grand National Assembly of Turkey (TBMM) for positive results. Furthermore, the media has been lobbied for the selected cases to ensure the flow of correct and effective information to the public and to make sure that victims are not doubly victimized by the media’s homophobic/transphobic language. A legal battle has been waged against the “hate language” produced by the media in general. Therefore, we did not focus solely on the legal aspects of the cases but also on their background in order to change the biases that lead to rights violations.

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The Rights Violations Against LGBT People: Selected Case Analyses

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) LGBT Hak İhlalleri: Emsal Dava Analizleri (The Rights Violations Against LGBT People: Selected Case Analyses.) Istanbul: Punto Baskı Çözümleri, 2013. Available at: http://www.spod.org.tr/turkce/wp-content/uploads/2013/08/emsal-dava-analizleri-son1.pdf   

The Social Policies, Gender Identity and Sexual Orientation Studies Association has been working in the field of access to law and justice since it was founded two years ago. We have organized educational workshops on LGBT rights for lawyers in order to strengthen LGBT people’s methods of accessing justice. We have also given legal aid to LGBT people whose rights have been violated. Our other work includes tracking legislation, participating in the New Constitution drafting process, and pursuing selected cases.

This report includes case summaries and analyses of SPoD’s selected cases. The selection has been made according to the LGBT public’s key issues. Cases based on the frequent violations of LGBT people’s right to life, work, and housing have been chosen. Emphasis has been placed on joining cases as joint plaintiffs while working with lawyers, NGOs, and the Grand National Assembly of Turkey (TBMM) for positive results. Furthermore, the media has been lobbied for the selected cases to ensure the flow of correct and effective information to the public and to make sure that victims are not doubly victimized by the media’s homophobic/transphobic language. A legal battle has been waged against the “hate language” produced by the media in general. Therefore, we did not focus solely on the legal aspects of the cases but also on their background in order to change the biases that lead to rights violations.

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“They are showing orgies at coffeehouses”

Abbreviations: Nationalist Movement Party (MHP), Justice and Development Party (AKP), Republican People’s Party (CHP), Peace and Democracy Party (BDP)

Source: Bülent Sarıoğlu, “Kahvede çoklu seks izletiyor,” (“They are showing orgies at coffeehouses,”) Hürriyet, 3 December 2013, http://www.hurriyet.com.tr/gundem/25264344.asp

The Constitutional Reconciliation Commission’s 25-month work has finally ended. The “colorful” bickerings of the Parliamentarians regarding education in native language, citizenship, the characteristics of the Republic, rights of sovereignty, general morality, honor, gay marriage, and FEMEN have been documented in the records. Some quotes from the records:

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2012 Demands of LGBT Citizens from the New Constitution in Turkey

Source: Sosyal Politikalar, Cinsiyet Kimliği ve Cinsel Yönelim Çalışmaları Derneği. (Social Policies, Gender Identity, and Sexual Orientation Studies Association) “LGBT Yurttaşların Yeni Anayasaya Yönelik Talepleri,” (“Demands of LGBT Citizens from the New Constitution in Turkey,”) April 2012, http://www.spod.org.tr/turkce/wp-content/uploads/2013/06/SPoD-Anayasa-Raporu.pdf

The SPoD Social Policies, Gender Identity and Sexual Orientation Studies Association has been organizing a wide range of activities in the domain of LGBT rights in Turkey since its founding in September 2011. Among these, advocacy activities for the recognition of LGBT citizens of Turkey as full and equal citizens in the New Constitution have significant importance. Since 2002, LGBT organizations of Turkey have been conducting a nationwide campaign that demands the integration of sexual orientation and gender identity phrases into the Article on Equality in the Turkish Constitution. More recently, the emergence of a general consensus on the need for a new constitution has had an encouraging effect on the participation of LGBT organizations in the process.

This report has been prepared in accordance with two panels and five forums on the new constitution organized by SPoD, along with the results of a survey conducted amongst SPoD members and independent LGBT individuals. Additionally, the demands of LGBT individuals regarding the new constitution collected through an announcement on http://www.kaosgl.org and on social media have been included in this report.

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Press Release by LGBTI Organizations on the Constitutional Draft

We are insistent in our demand to include “sexual orientation” and “gender identity” in the Constitution’s article on “equality”

Source: http://bit.ly/16SG2eg

#AnayasadaLGBT

As the lesbian, gay, bisexual, trans, and intersex (LGBTI) movement, we have been sharing our demand to include the expressions “sexual orientation” and “gender identity” to the Constitution’s article on “equality” with decision-makers and the public since 2001. We have organized campaigns and explained our demands to NGOs and political parties in the effort to outlaw discrimination based on sexual orientation and gender identity at a Constitutional level and for the recognition of LGBTI people as equal citizens. The Constitution’s article on equality exists to protect the rights of individuals against social discrimination. Obscure terms such as “general morality” and “disparity from the Turkish family structure” in the Constitution of 12 September 1980 coup cause the extortion of our rights. We are struggling to ensure the protection of our fundamental rights and to make sure these rights do not fall prey to the biases of legal administrators.

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Constitutional Reconciliation Commission’s “Equality” Draft

Source: Hülya Karabağlı, “Anayasa Komisyonu’nda AKP, CHP ve BDP ‘etnik kökende’ mutabakat sağladı,” (“AKP, CHP, and BDP reach agreement on ‘ethnicity’ in the Constitution Commission,”) T24, 12 August 2013, http://t24.com.tr/haber/anayasa-komisyonunda-akp-chp-ve-bdp-etnik-kokende-mutabakat-sagladi/236696

The agreed upon clauses on the “Equality” and “Children’s Rights” articles are as follows:

Equality

Clause 3. (1) All are equal before the law

(2) No privileges can be granted to a person, family, community or class.

(3) No one can be subjected to discrimination based on language, race, color, sex, political opinion, philosophical belief, religion, sect, ethnicity [Nationalist Movement Party (MHP) does not find the inclusion of “ethnicity” necessary] and other reasons.”

(4) Women and men have the same rights. Precautions taken to ensure this cannot be interpreted as a breach of the equality principle. The state is responsible to make sure this equality is manifested and to prevent all violence and bad treatment of women.

(5) The state takes precautions to lift obstructions and all discrimination in the path of women to use and benefit from their rights and freedoms in the political, social, and economic arenas.

(6) Special precautions and quotas are exercised to ensure the equal participation of women as men in positions of election such as the Turkish Grand National Assembly, in the headquarters and provincial organizations of political parties, in universities and syndicates and the executive branches of boards, in provincial headquarters, in provincial municipal assemblies and metropolitan municipal assemblies; and in administration and judicial institutions and professional positions.

(7) The precautions taken for the children, the elderly, the disabled, the widows and orphans of martyrs, and veterans cannot be interpreted as a breach of the equality principle. The state takes special precautions to ensure that equal opportunities are given to these groups.

(8) In their actions, the state’s branches and officials are required to ensure that all benefit from fundamental rights and freedoms and the equality principle before the law, and must prevent that no one is excluded from social life.

Preamble note: To ensure the equality of men and women in all fields, state institutions work with, first and foremost, women’s organizations and all related NGOs.

Note: Ban on discrimination regarding sexual orientation and gender identity will be stated in the preamble.

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