31/01/2023 | Writer: Selma Koçak

“The justification of the amendment proposal includes hate speech which reveals the extent of the concern. However, it deepens the problem, let alone contributing to the solution.”

Diyarbakır Bar Association: “Withdraw the discriminatory and hate-motivated amendment proposal! Kaos GL - News Portal for LGBTI+

Emphasizing that the amendment proposal will only deepen the problem instead of contributing to its solution, Diyarbakır Bar Association made a call for the withdrawal of the anti-LGBTI+ amendment proposal, which was prepared by the People’s Alliance to redefine marriage:

“Debates on the discriminatory law proposal, which aims to regulate Article 24 of the Constitution entitled ‘Freedom of Religion and Conscience’ and Article 41 entitled ‘Protection of the Family and Children’s Rights’ are going at the Grand National Assembly of Turkey (TBMM).

According to the Article 10 of the Constitution, entitled ‘Equality Before the Law’, all individuals are equal without any discrimination before the law irrespective of language, race, color, sex, political opinion, philosophic belief, religion and sect or any such considerations.

Within the context of the amendment proposal for Article 24 of the Constitution, regulations considering concrete and current problems of various belief groups in terms of freedom of religion and conscience are out of question, it only aims to regulate women’s ‘dress’ based upon belief.

It is a sociological and historical reality that societies are diverse in terms of religion and belief and they also include various religions, beliefs and atheism. Therefore one of the fundamental aims of a democratic and constitutional state is to protect social diversity and ensure a peaceful coexistence for individuals in terms of their beliefs. In a democratic state of law based on pluralism and tolerance, a life in which freedoms are not restricted, is essential contrary to the practices considering religious bias. The amendment proposal paves the way for discriminatory practices that violate freedom of belief and aims to introduce regulations contrary to Articles 10 and 24 of the Constitution.

The Article 41 of the 1982 Constitution states that the family is the foundation of the society and based on the equality between spouses. The current constitutional provision is aimed to be regulated by adding ‘union of marriage can be established only between a man and a woman’ and the justification of the intend includes hate speech by using ‘perverse’.

All the issues regarding union of marriage are regulated in detail within the scope of the Article 41 of the Constitution and the Article 124 et seq. of the Turkish Civil Code. Within the scope of the amendment proposal, adding an issue regulated by the Civil Code, to the Constitution by using hate speech, is a violation of the prohibition of direct and indirect discrimination.

Gender based violence, discrimination and hate speech targeting minorities, particularly lesbian, gay, transgender, intersex and queer (LGBTIQ) people, is a solemn source of concern. Since the justification of the proposal includes hate speech which reveals the extent of the concern.

Within the legal order, legislative amendment proposals should respect and protect fundamental rights absolutely; and they have to provide the best protection for minority rights. However current amendment proposal deepens the problem, let alone contributing to its solution.

As a result the discriminatory and hate motivated amendment proposal which violate the fundamental rights, should be withdrew.”

Tags: human rights