18/02/2022 | Writer: Özgün Akduran
Today on the #forequality file, Ozgun Akduran writes on local politics, municipal services and LGBTI+’s right to the city.
When it comes to local politics, local elections that is repeated every five years and the election race of the candidates often comes to mind. However, local government and politics, which has the responsibility and authority to provide services, have a meaning far beyond the elections. Local politics determines the quality of life, welfare and well-being of everyone living in that locality.
With the budgets that they use, municipalities undertake the responsibility of the distribution of social resources that belongs to all of us. Everyone living in the locality of the municipality, regardless of their citizenship status, has the right to benefit equally from the municipal resources, based on the 'citizenship law' that encompasses every individual who is resident of a given (Turkish) municipality.
Unfortunately, lack of participatory approach, inclusivity and sensitivity to the diversity of the institutional perspectives of public services prevent the public from institutionalizing and strengthening its’ voice to demand tailored services, and discriminates against local groups on access to public services. LGBTI+s are at the forefront among the communities who are affected by this discrimination.
International indexes are measuring tools to calculate and see how the living conditions of LGBTI+s are shaped in different geographies. One of these indexes is prepared by ILGA-Europe, which was founded in 1996 and brings more than 600 civil society organizations from 54 countries together under its’ roof. ILGA-Europe is an international umbrella civil society organization focusing its’ efforts to ensure that everyone regardless of their sexual orientation, gender identity, gender expression and gender characteristics are able to fully benefit from human rights in political, legal and social life, especially in Europe and Central Asia. ILGA-Europe has been publishing the Rainbow Europe Index and map since 2009. According to the document, the full name of which is the Annual Review of the Human Rights Status of Lesbian, Gay, Bisexual, Trans and Intersex Persons in Europe and Central Asia, and according to the 2021 Rainbow Europe Index, the living conditions of LGBTI+s living in Turkey are unsurprisingly bad.
The thematic focuses of this index are equality and non-discrimination, family, hate crime and hate speech, legal gender recognition and bodily integrity, civil society and space and asylum. The evaluated topics regarding the themes can also be viewed in the table below.
Rainbow Europe Index themes and sub-topics:
Equality and Non-Discrimination
· Constitution (Sexual Orientation, Gender Identity, Sex Characteristics)
· Employment (Sexual Orientation, Gender Identity, Sex Characteristics)
· Goods and Services (Sexual Orientation, Gender Identity, Sex Characteristics)
· Education (Sexual Orientation, Gender Identity, Sex Characteristics)
· Health (Sexual Orientation, Gender Identity, Sex Characteristics)
· Conversion Therapy Ban (Sexual Orientation, Gender Identity, Sex Characteristics)
· Authorized Equality Institution (Sexual Orientation, Gender Identity, Sex Characteristics)
· Equality Action Plan (Sexual Orientation, Gender Identity, SexCharacteristics)
· Law (Gender Statement, Sex Characteristics)
· Blood donation
Family
· Marriage Equality
· Registered Partnership (Marriage-like Rights)
· Registered Affiliation (Limited Rights)
· Cohabitation
· No Constitutional Limitation on Marriage
· Joint Adoption
· Second Parent Adoption
· Automatic Co-Parent Recognition
· Medical Assisted Fertility Treatment (Couples)
· Medical Assisted Fertility Treatment (Singles)
· Recognition of the Trans Parents
Hate Crime and Hate Speech
· Hate Crime Law (Sexual Orientation, Gender Identity, Intersex)
· Hate Speech Law (Sexual Orientation, Gender Identity, Intersex)
· Anti-Hate Policy (Sexual Orientation, Gender Identity, Intersex))
Legal Recognition of Gender and Body Integrity
· Existence of Legal Measures
· Existence of Administrative Procedures
· Right to Change Name (No Age Restriction on Name Change)
· Right to Self-Determination (Gender Identity)
· Recognition of Non-Binary identities
· No Gender Identity Disorder Diagnosis/No Requirement for Psychological Opinion
· No Mandatory Medical Intervention Requirement
· No Requirement for Mandatory Surgical Intervention
· No Forced Sterilization
· No Forced Divorce
· No Age Restriction
· Existence of Legal Gender Recognition Procedures for Minors
· Prohibition of Medical Intervention Without Informed Consent (Intersex)
· Not Seen as a Disease - De-pathologization
Civil Society and Space
· No Restrictions in Organizing Public Events
· Freedom of Assembly (Last 3 Years)
· No Restrictions in Organizing Public Events – Adequate Precautions have been taken on Security (Last 3 Years)
· Existence of Freedom of Association - Associations work freely, no State barriers (Last 3 Years)
· LGBTI Human Rights Defenders are not at risk
· No Laws Restricting to receive external financial/donor support
· No Laws Limiting Freedom of Expression (National/Local)
Asylum-Seeking
· Right to Seek Asylum (Includes Sexual Orientation)
· Existence of Policies Regarding Asylum-Seeking on Sexual Orientation and other Positive Measures
· Existence of Gender Identity Policy and other Positive Measures on Asylum-Seeking
· Right to Seek Asylum (Includes Intersex)
· Existence of an Intersex-Inclusive Policy on Asylum-Seeking and other Positive Measures
An index value that is evaluated out of 100 has been announced for each of the topics in the table above. According to the index, while Malta is among the top five countries in the best condition with a score of 94, Belgium scored 74, Luxembourg 72, Portugal 68, Norway 67. Turkey ranked second from the last among 54 countries with 4 points.
In cases where the central governments do not take steps on legal regulation and implementation of the political, legal and economic rights related to combat discrimination against LGBTI+s, it is much more valuable and vital that local governments can do to increase the accessibility of LGBTI+s in service delivery and to change the discriminatory perception and behavior patterns towards LGBTI+s in society.
Under the scope of a project that is carried out by SPOD (Social Policy Gender Identity and Sexual Orientation Studies Association), a Municipal Equality Index on LGBTI+ rights were developed for the first time in Turkey. This index consists of twenty-seven indicators under five themes; (i) municipality profile, (ii) municipal activities and practices, (iii) communication and impact with the LGBTI+ community, (iv) LGBTI+ awareness in the services provided by the municipality, and (v) assurance of the public visibility of LGBTI+ rights on municipalities. The document, which also draws on conclusions of the similar studies, provides recommendations to municipalities to spend institutional efforts on equal participation of LGBTI+s in local politics, access to health services, access to shelter (housing and shelter), access to decent employment opportunities, provision of local services without discrimination and accessibility of services to LGBTI+s and overall assurance of LGBTI+ rights to visibility, and treatment with respect and dignity.
1. Equal Right to Participate in Local Politics
It is essential for municipalities to engage in dialogue with LGBTI+ organizations, to carry out joint projects and activities, and to encourage them to take part in the city council, parliamentary work commissions, and working groups, to create a participatory political climate that does not exclude any individuals and/or groups. Such participation will also lead to the delivery of the same local services to LGBTI+s in an inclusive and non-discriminatory format.
Since the LGBTI+ awareness of the municipal council members will directly shape the non-discriminatory provision of services, activities such as training and workshops; specifically targeting the council members are recommended to be carried out on a municipal level. On the other hand, activities that create “encounters” with LGBTI+s and LGBTI+ families are also recommended to be organized. For example, public campaigns and events (such as opening ceremonies, bake-outs) focusing on thematic concepts like women, people with disability, migrants, elderly, or fighting against poverty would create opportunities for the voluntary participation of LGBTI+s and LGBTI+ organizations. The experiences collected from these events and public campaigns could create meeting grounds that could turn into transformative steps such as collaborations. The establishment of LGBTI+ commissions in municipal councils would shape the municipal policies and services in an egalitarian way and from an LGBTI+ perspective.
Awareness-raising activities to municipality helpline operators who receive feedback and complaints from the residents would improve the efforts on discrimination against LGBTI+s. Because of this, providing training on LGBTI+ rights to municipality personnel will positively affect the rate of inclusion of LGBTI+ applications to municipalities.
2. Provision of Accessible Services to LGBTI+s without Any Discrimination:
When we discuss the accessibility of municipal services, we refer to services (health, social support, counselling, protection from violence, vocational training, care, parks and gardens, green space opportunities, sports, culture, infrastructure, transportation) that are under the responsibility of municipalities. These municipal services should be open to the use and benefit of every resident of the city. Although the services are already provided within the responsibility of the municipalities, the central governments’ lack of efforts to advance LGBTI+ rights has created the importance of delivery of municipal services without discrimination and exclusion against LGBTI+s. We can list health, social support, protection from violence, shelter, support for participation in the labor force, access to sports, culture, and art opportunities as priority areas in addressing the gaps/needs unique to LGBTI+s and eliminating discrimination experienced by LGBTI+s.
For instance, when the egalitarian perspective and awareness, which will enable trans people to use the municipality's sports facilities as they wish regardless of their identity, are not internalized by the security personnel and managers working in these centers, trans people may not be allowed to use these facilities on the pretext that their gender identity does not match the information written on their identity cards. When personnel do not admit a trans individual into a facility, provided as a service by the municipality, this means that miss-use of resources created by the tax-paying residents to the city, including the trans individuals. One of the ways to put an end to similar discriminatory behaviors and practices could be giving LGBTI+ rights training to personnel working in municipalities and municipalities’ subsidiary units that provide public services such as doctors, private security guards, shelter workers, drivers, psychologists, social examiners, call center workers, registrar, etc. Training modules can be developed jointly with LGBTI+ organizations, and the training can be given by LGBTI+ activists. Another strategy to eliminate the discriminatory experiences of LGBTI+s in accessing municipal services is asking LGBTI+s what they want, or adding sexual orientation, gender identity data in the data collection methods and processes that the municipality conducts regularly. With the participatory approach and flexible data collection methods and processes the diversity of needs, problems and demands can be better addressed in the planning and implementation of the provision of municipal services.
Due to the existing negative social perception and lack of awareness, LGBTI+ organizations can be involved in the planning of the provision of services to improve the accessibility issues. For example, planning social assistance services with an LGBTI+ organization working in the field of social policy can better address the needs of LGBTI+ elderly, disabled or migrants, due to organizational know-how. Alternatively, municipalities can work with LGBTI+ organizations to prevent violence against LGBTI+s as well as identify, protect, monitor, and support LGBTI+s who have been subjected to physical, psychological, or sexual abuse to rebuild their lives in a safe space.
An information-sharing and coordination mechanism can be established between municipalities on services targeted to LGBTI+s. Through the establishment of such mechanisms, LGBTI+s can be referred to other municipalities with available and relevant services, if the existing municipality cannot provide specific services.
3. Right to Health
Municipalities can provide sexual and reproductive health and psychological support services to address the LGBTI+’s needs as well as take measures to ensure that LGBTI+s have access to their right to health without discrimination. For example, anonymous test centers can be established, along with counseling services targeting trans individuals on the use of hormones, while testing their hormone levels through regular blood tests. Recruitment of doctors who are aware of transgender rights in public health facilities and awareness-raising training targeting doctors and health professionals can ensure trans men and women are not discriminated during their regular health screenings. In addition, services on monitoring pre-menopause and menopause processes, and psychotherapy support for trans individuals can be provided by the local governments. To provide the aforementioned services in line with non-discrimination policies, doctors with experience and expertise in working with LGBTI+s can be recruited to public health facilities. Alternatively, the doctors and psychologists currently working in the municipality can be supported by an LGBTI+ organization through training and seminars.
Psychologists who provide psychological counseling for minors in the municipality are recommended to have sensitivity and experience in working with LGBTI+s. If there is no such capacity, establishing a standard protocol for referral to a specialist working in this field would prevent children and their families to have negative experiences on gender identity.
4. Right to Shelter (Accommodation and Shelter)
According to a study conducted in the USA, lesbian, gay, bisexual and transgender (LGBT) youth are at 120% higher risk of experiencing homelessness compared to youth identified as heterosexual and cisgender. The report argues that the lack of acceptance of LGBTI+ youth both at home and outside home results in homelessness. In addition, according to a study conducted with homeless LGBTI+ youth, a large proportion of these young people (70% of LGBTI+ participants; 90% of trans participants) were forced to leave home because of their sexual orientation and gender identity, or because of persistent harassment/bullying, rejection by family, based on their sexual orientation and gender identity. The study reflects that most of the participants flee their homes and become homeless as a result of sexual and physical abuse.
The study reports that trans individuals often suffer from not having rental agreements, as the landlords refuse to sign a contractual agreement because of the discrepancies between gender identity and national ID cards, which puts trans individuals at the risk of becoming homeless at any time. As the levels of poverty have increased during the COVID-19 pandemic, further problems on shelter and accommodation are likely to arise. In such cases, as the central government lack providing basic services on shelter and accommodation of LGBTI+s, the responsibility of provision of shelter services should be legally and practically carried out by the local governments.
It is important to work with LGBTI+ organizations on the mechanisms necessary for LGBTI+s to benefit from existing shelters without discrimination. Apart from this, LGBTI+ organizations’ advocacy on separate guesthouses, shelters, and accommodations for LGBTI+s could impact local governments’ policymaking and lead to implementation of projects on separate shelters for LGBTI+s. For the provision of these services, municipalities are recommended to provide infrastructure (building, equipment, food, personnel, etc.) and assign an LGBTI+ organization to the manage the shelter. Monitoring and evaluation of the activities of guesthouses, shelters and accommodation are recommended to be conducted jointly by the LGBTI+ organization and municipalities’ social services unit.
5. Right to Employment
We can discuss methods and practices to combat discrimination faced by LGBTI+s in access to employment in two stages. One is what the municipality can do as an employer, and the other is what the municipality can do as a facilitator of increased participation of LGBTI+s in the labor force.
Municipalities, as employers, are recommended to take steps on discrimination against sexual orientation and gender identity by adding clauses to human resources guidelines that they refer to during the recruitment processes. In addition to this, the human resources department are recommended to receive training on LGBTI+ rights, gender equality, and combatting discrimination in the workplace. LGBTI+ organizations are recommended to collaborate and coordinate with municipalities and determine whether some service areas need to prioritize recruitment of LGBTI+ personnel. For example, it is known that migrant trans women in Israel are successfully employed in at-home elderly care services.
Increasing the LGBTI+ sensitivity in vocational courses, job placement counselling and consultancy, referral services would be important steps that municipalities are recommended to take to support the participation of LGBTI+s in the labor force. Personnel who are working in the aforementioned services (i.e., trainers, security guards, professional staff, registrar) are recommended to receive training on LGBTI+ rights, gender equality and anti-discrimination. Then, the establishment of a comprehensive business map would help identification of steps to take for eliminating discrimination by joint studies conducted with LGBTI+ organizations about the discrimination areas that LGBTI+s experience during job placement. Areas that LGBTI+s have an interest, comfort and expertise could be identified and training modules translation, sales-marketing, advertising, using digital tools, photoshop and AUTOCAD can be developed to equip LGBTI+s with technical skills. Priorities are recommended to be given to LGBTI+s during the informational promotion of technical and vocational courses.
6. Use of Public Spaces, Visibility, Dignity and Reputation
It is not difficult to guess the level of discrimination, exclusion, and ignorance that LGBTI+s face given the mentality of the central government in Turkey for more than 20 years, who declared homosexual and trans existences as a disease, crime, or a sin. Discrimination, homophobia and transphobia produced by the central government also affect the life experiences of LGBTI+s in streets, neighborhoods, building complexes and even at home. In many countries of the world, we see that ghettoization practices have emerged as a result of LGBTI+’s need for safety and spatial solidarity, especially in metropolitan cities. Even though ghettoization has been developed due to the real needs of LGBTI+s and it is referred to as “liberated areas” as opposed to ghettos by some, LGBTI+s should not hesitate to demand their existence in entire cities instead of being pushed into “liberated areas” or ghettos.
Local governments can support the visibility, respect, and dignity of LGBTI+s through activities, campaigns, research, and/or sports and cultural events for the neighborhoods where LGBTI+ predominantly live.
Moreover, LGBTI+ organizations can use the indoor and outdoor venues of the municipalities in their meetings and events; LGBTI+ artists can exhibit their works and performances at municipality halls, and news and announcements about the Pride Week can be displayed in streets, neighborhoods, parks and gardens, parking lots, street and traffic signs, vehicles, videos, advertisement, announcement, news that are regulated by the municipalities. Aforementioned steps are recommended for municipalities to take the necessary steps of increasing LGBTI+ visibility to transform the social perceptions.
In addition, recruitment of trans individuals as municipal personnel (i.e., security guard, municipal bus driver, municipal police, social worker, social examiner, and professional staff), namely to the positions that individuals are talented, interested and comforted in, in a visible manner can enhance the LGBTI+ visibility in public. Informing trans individuals on technical and vocational training and courses can address the applicant profiles’ diversity, while encouraging trans individuals to apply to the position.
Translation: Yiğit Mahmutoğlu
*This article was produced with the financial support of the European Union. Its contents are the sole responsibility of Kaos GL Association and do not necessarily reflect the views of the European Union.
Tags: human rights
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