20/12/2022 | Writer: Kaos GL
The LGBTI community is highly aware that the amendment itself, and supporting it means being against their own existence.
As a result of the discussions revolving around citizens’ wearing a headscarf and the concept of family, amendments on articles 24 and 41 of the Constitution of Turkey have been proposed.
A constitution is a written instrument that secures human rights and aims to protect the rights of the citizens against the state. Therefore, the articles mainly involve such inclusive words as ‘everyone’ and ‘no one’.
At a time of conflict shaped by the social polarization created by the state, the political climate is far from entailing amendments in the constitution. The LGBTI community in Turkey is already denied access to their limited rights in the existing constitution. It would, therefore, be unrealistic to expect an LGBTI inclusive amendment by those whose political agenda involves anti-LGBTI campaigns.
The existence of LGBTI persons is used to announce a crisis in the sacred family portrait, which perpetuates hateful discourse, and hate crimes against them. Marriage equality does not exist in Turkey. LGBTI persons cannot give up on the economic and social rights of marriage that act as protection mechanisms. The fact that whereas heterosexual couples are legally entitled to those rights and the LGBTI persons are not, is against the constitutional principle of equality and points out to a type of discrimination perpetuated by law.
LGBTI persons are murdered, ignored, excluded from public sphere, denied access to education, employment, health, and justice. In a political environment where LGBTI persons are denied their fundamental rights and freedoms, it seems unrealistic to discuss LGBTI issues within the context of marriage, an issue of social rights. Through such discussions, LGBTI persons are made targets of hatred and hostility and denied their fundamental rights and freedoms.
Through the proposed amendment, an anti-LGBTI intervention is being made and the members of the constitutional court are encouraged to interpret legislation considering it. We are aware of the impending danger and strongly object to it. It should be noted that even a minor change in the constitution has historically paved the way for a right's recognition or restriction.
The proposed amendment with its alleged claim to prevent discrimination against women only includes Muslim women’s right to clothing, the right to wear a headscarf. The agenda of the amendment, and the ongoing public debates clearly demonstrate that the aim is not to promote human rights but rather to restrict the existing ones. On the surface, it seems as if women's rights to wear a headscarf will be protected. However, it is obvious that oppression against women not wearing a headscarf will further increase. The state should stop intervening in the lives of all women.
All the opposition political parties and the MPs should regard this statement as a call to action! Supporting human rights entails saying no to the proposed amendment.
We object to this proposed amendment. We dream of an inclusive constitution securing the rights of LGBTIs and forbidding any types of discriminatory practices. The LGBTI community is highly aware that the amendment itself, and supporting it means being against their own existence.
We encourage all the human rights organizations to organize to say NO.
The Previous Forms of the Articles | The Proposed Amendments |
I. Protection of the family, and children’s rights
ARTICLE 41-The family is the foundation of the Turkish society and based on the equality between the spouses
The State shall take the necessary measures and establish the necessary organization to ensure the peace and welfare of the family, especially the protection of the mother and children.
Every child has the right to protection and care and the right to have and maintain a personal and direct relation with his/her mother and father unless it is contrary to his/her high interests.
The State shall take measures for the protection of the children against all kinds of abuse and violence.
ARTICLE 24- Everyone has the freedom of conscience, religious belief, and conviction.
Acts of worship, religious rites and ceremonies shall be conducted freely, as long as they do not violate the provisions of Article 14.
No one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.
Religious and moral education and instruction shall be conducted under state supervision and control. Instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary schools. Other religious education and instruction shall be subject to the individual’s own desire, and in the case of minors, to the request of their legal representatives.
No one shall be allowed to exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of personal or political interest or influence, or for even partially basing the fundamental, social, economic, political, and legal order of the State on religious tenets.
| I. Protection of the family, family union, and children’s rights
ARTICLE 41-The family is the foundation of the Turkish society. Marriage shall consist only of the union of a man and a woman, and based on the equality between the spouses
The State shall take the necessary measures and establish the necessary organization to ensure the peace and welfare of the family, especially the protection of the mother and children.
Every child has the right to protection and care and the right to have and maintain a personal and direct relation with his/her mother and father unless it is contrary to his/her high interests.
The State shall take measures for the protection of the children against all kinds of abuse and violence.
ARTICLE 24- Everyone has the freedom of conscience, religious belief, and conviction.
Acts of worship, religious rites and ceremonies shall be conducted freely, as long as they do not violate the provisions of Article 14.
No one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.
Religious and moral education and instruction shall be conducted under state supervision and control. Instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary schools. Other religious education and instruction shall be subject to the individual’s own desire, and in the case of minors, to the request of their legal representatives.
No one shall be allowed to exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of personal or political interest or influence, or for even partially basing the fundamental, social, economic, political, and legal order of the State on religious tenets. Through the exercise of fundamental rights and freedoms, benefiting from public and private goods and services shall not be subject to a woman’s wearing a headscarf or not. No woman can be deprived of their right to education, employment, vote, be elected, engage in political activity, enter into public service, any other fundamental rights, and freedoms, benefit from public and private goods and services because of their religious beliefs, or wearing a headscarf. No woman shall be blamed, accused, or shall be subject to discrimination because of this reason. The state shall take measures not to prevent a woman from wearing a headscarf, and to choose desired clothing because of her religious beliefs by any means.
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Tags: human rights
