21/02/2025 | Writer: Kaos GL
Lawyer Kerem Dikmen from Kaos GL Association emphasised in his speech that discrimination against LGBTI+ persons is not regulated in the laws. ‘There is no hierarchy among fundamental rights,’ he said.
The consortium consisting of Kaos GL, 17 May and Murat Çekiç associations participated in the United Nations Universal Periodic Review NGO preliminary sessions. Human Rights Programme Coordinator Lawyer Kerem Dikmen from Kaos GL Association and International Relations Officer Janset Kalan from 17 Mayıs Association attended the presentation of the NGO pre-sessions held in Geneva on 20 February.
In the presentation made to the participating delegations, Kerem Dikmen conveyed the recommendations in the joint report submitted by the consortium consisting of Kaos GL, 17 May and Murat Çekiç associations to the United Nations Human Rights Committee in the NGO preliminary session.
‘Violations of the rights of same-sex couples in public spaces are reported’
In his speech, Dikmen first touched upon hate crimes and discrimination in Turkey. Stating that there is no regulation on hate and discrimination against LGBTI+s in the Turkish Penal Code, Dikmen used the following statements:
"Discrimination motivations are specifically stated in the article. Sexual orientation and gender identity are not among them. Therefore, there is no penalty for committing this act against LGBTI+ persons."
In his speech, Dikmen also mentioned LGBTI+ poverty and housing problems through the lack of a special regulation on violence against LGBTI+ persons in the Criminal Code:
"Turkey is experiencing an economic crisis, the impact of which has increased after COVID-19. The housing crisis is also accompanying it. The exclusionary structure of this article causes LGBTI+ persons to feel the housing crisis more severely. Discrimination is widespread, especially in renting. Violations of rights in the sale of goods and services, especially in public spaces, where same-sex couples are excluded, are also reported. We recommend the government to amend Article 122 of the Turkish Penal Code within one year to prohibit discrimination based on any grounds in hiring, renting and selling goods and services."
‘TİHEK is under the direct influence of anti-LGBTI+ policies’
Dikmen reminded that the Human Rights Institution of Turkey (TİHEK) systematically rejects the discrimination applications of LGBTI+ persons with inadmissibility and continued as follows
"TİHEK systematically rejects the applications of LGBTI+ persons by discriminating them on the grounds of inadmissibility. The reason for this is that sexual orientation and gender identity are not among the forms of discrimination listed in Article 2 of the founding law.
In some decisions of TIHEK, LGBTI+ persons are referred to as deviants. It reports directly to the president and is therefore under the direct influence of anti-LGBTI+ policies produced by the presidency."
Dikmen, in his statements on TİHEK, made the following recommendations:
"The founding law of TİHEK should be amended within one year to ensure that “discrimination applications made by LGBTI+ persons are also examined”; and we recommend that TİHEK be given an independent structure. It should be noted that the UN Human Rights Committee made the same recommendation in its report to the State following the review of the Covenant on Civil and Political Rights."
‘Trans people have to undergo surgery to change their gender on official documents’
Dikmen also touched upon the issue of legal gender recognition in her speech. Pointing out that according to the regulation in the Civil Code, trans people are forced to undergo surgery in order to change the gender in official documents, Dikmen said:
"From time to time, courts expect trans men to undergo penis surgeries called phalloplasty. They do not consider uterus and breast surgeries sufficient. And people are forced to accept the permanent termination of their reproductive abilities. Our recommendation in this regard is to amend Article 40 of the Turkish Civil Code and to ensure the legal recognition of the gender of transgender people who do not accept intervention on their bodies."
‘There is no hierarchy between fundamental rights’
Dikmen concluded his words as follows:
"In principle, human rights are universal and there is no hierarchy among fundamental rights. However, when we look at Turkey, it is against this principle that two rules on discrimination do not cover discrimination against LGBTI+ persons. The Turkish Penal Code 122 and the law establishing TİHEK must be amended to apply to all forms of discrimination. As long as TIHEK is under the president, it will continue to be bound by his agenda. The independence of the national mechanism must be ensured. Article 40 of the Turkish Civil Code leads to a systematic interference with the bodily integrity of transgender people. Actions against physical, hormonal and psychological integrity during the gender transition process should be removed from Article 40 of the Turkish Civil Code."
CLICK - Kaos GL made a presentation to the UN Human Rights Committee: Systematic bans must end!
Tags: human rights
