Annex to Article 10: Recognize the Reality of LGBT!

Requesting “sexual orientation” and “gender identity” be annexed to the “equality” principle of the new constitution, Kaos GL’s document sent to the National Assembly follows as:

The KAOS GL Association gives support to those who contribute to the LGBTs’ adoption of liberal values, to the realization of their sexual orientation and gender identity, and to improvement of the social peace and welfare through individual, social, cultural life and their behaviours.

 

Kaos GL assists LGBTs for accepting freedom, justice and peace as basic values. This association helps those individuals consider human rights as rights of all humanity. KAOS GL provides assistance for LGBTs in their struggle against discrimination in terms of sexual orientation and gender identity.

 

Kaos GL follows the debated “New Constitution” process raised by the Turkish government after the elections held on 22 March 2007.

 

Likewise the government, Kaos GL underlines and shares its constitutional demands with the parties and public at the stage where contributions to a new constitution embracing all people in Turkey shall be ensured from all segments of the Turkish society.

 

Kaos GL shares its opinions and demands concerning the New Constitution once more since a constitution based on equality, democracy and liberalism can solely guarantee LGBT reality and protect them from discrimination of sexual orientation and gender identity.

 

 

The existing constitution does not recognize LGBT reality. Thus Kaos GL has been constantly expressing its summarized demand about Article 10. LGBTs are real and a part of the Turkish society and will be a party to the New Civil Constitution as well.

 

The New Constitution should ban all types of discrimination and overcome inequality. The constitutional article on equality shall be arranged with the principle of “Fundamental Rights to Every Individual” and determined as follows:

 

Kaos GL requests the government to assure equality in terms of “sexual orientation” and “gender identity” and to ensure “discrimination ban” in this way.

 

The New Constitution shall not include any provisions in conflict with the universal and fundamental rights and freedoms adopted by the Council of Europe and the European Convention on Human Rights.

 

The New Constitution shall not allow vague expressions bringing about discrimination, restriction of fundamental rights and freedoms and elimination of equality.

 

Due to “anti-moral” reasons LGBTs’ right to organize and for freedom of expression are constrained by filing closure cases to associations founded with the aim of establishing solidarity among Lesbian, Gay, Bisexual and Transgendered individuals. LGBTs’ longing for a democratic, equal and free life like every Turkish individual comes to be deprived of defending themselves legally because they witness that their rights are not adequately protected under the present conditions.

 

Kaos GL puts great importance on the involvement of Articles which prevent discrimination and preserve human rights.

 

Fundamental rights and freedoms shall not be restricted owing to abstract and arbitrary reasons (which differ from time to time, from person to person) such as “public morality”, “national security”, “public order” and “public health”. Such expressions shall not be placed on the constitution and the lines of the constitutional amendments should be clearly drawn.

 

The New Constitution is expected to give a seat for “conscientious objection” and conserve homosexual soldiers from being labelled to be psychologically disordered, from being punished for “unnatural sexual intercourse” and from discriminatory behaviours. The new constitution shall guarantee the case of homosexuals who say they cannot fulfil military service under the right of conscientious objection.

 

 

Kaos GL requests the government to ensure the “There is no crime and punishment without law” principle in the new constitution as the merits of crime and punishment are determined. Kaos GL believes that “a provision concerning that the authority cannot create crime and punishment” shall be included.

 

As the duty of the State is determined in terms of the use of first and second generation rights, Kaos GL demands that measures under the scope of a Social State perception about sexual orientation and sexual identity shall be taken and the obligated tasks about the creation of compulsory social spaces shall be given to the State.

 

Kaos GL demands that the regime related to the ensured first generation rights such as “right for privacy”, “immunity of domicile”, “freedom for communication”, “freedom of press”, “right to form an organization”, “right to meet and make a demonstration” and second generation rights and freedoms like “right to establish trade unions” shall not be restricted in terms of “public morality”.

 

Kaos GL asks for the obvious insurance of preventive amendments standing against the misinterpretation of sexual orientation and gender identity in the way that the reference restrictions of “morality” harms discrimination ban.

 

Thus Kaos GL demands that the amendments made in parallel with “the restriction and abuse of fundamental rights and freedoms” shall clearly involve ban on discrimination.

 

The new constitution shall ensure the economic and social rights. To meet the citizens’ fundamental economic and social needs shall be the constitutional responsibility of the State.

 

In order for the Constitution to become liberal, equal, democratic and social, it must ban all types of discrimination based on sexual orientation and gender identity by protecting LGBTs who are exposed to discrimination in business life and by ensuring their participation into the world of business.

 

Discrimination in job applications, starting and ending a job based upon some reasons such as language, race, gender, sexual orientation, gender identity, political view, belief, marital status, family obligations, age, disability etc. shall be banned.

 

As the LGBTs of Turkey, we want to exercise our right to express that “the society is not only composed of heterosexuals; we are here!” and “discrimination in sexual orientation and gender identity shall be removed.

 

The constitution and laws ignore the reality of sexual orientation and gender identity. When it comes to discrimination, lesbians, gays, bisexuals and transgendered are excluded from every part of life, are pressured and are deprived of their legal assurance and equal access because of their sexual orientation and sexual identity.

 

Discrimination and acts of violence for LGBTs who are deprived of legal assurance due to their sexual orientation and gender identity keep rising and becoming hate murders.

 

LGBTs subjected to psychological and physical violence in public and private spheres just because of their sexual orientation and gender identity are facing annihilation attempts through attacks on their rights to life and the fundamental rights.

 

The demand for constitutional equality and freedom on LGBTs is not a fancy to be sacrificed for prejudices.

 

As Kaos GL, we want the rights such as right to life, right to work, right for education and organization to be ensured legally and not to be violated.

 

As Kaos GL, we’d like to share and recall everybody once more that we demand and lay importance on the constitutional amendments that would include articles which protect everybody’s rights and prevent every type of discrimination.