18/05/2021 | Writer: Yiğit E Korkmaz
What should be done to counter the effects of lifelong discrimination on LGBTI+'s?
As it’s the May 16 Day of Honoring LGBTI+ Elders Day, let’s take a look at the first report in Turkey on this field.
The May 17 Association published its report "LGBTI+ Elders: The Situation in Turkey and Around the World" in Turkish and English last year. The report prepared by Att. Yasemin Öz discusses the state of LGBTI+ Elders' rights in national and international legislation, good examples and solutions employed in Turkey and around the world. The report also includes academic studies and recommendations in the field. The report aims to shed light on the protection of LGBTI+'s who may face discrimination in all aspects of life and towards the human rights problems that will come with old age, among other forms of discrimination.
In the general and key recommendations section of the report, the things should be done to ensure that LGBTI+ elders have access to their rights are listed as follows:
- Central government should adopt and bring into force the regulations, practices, standards and criteria in the field of rights of the elderly introduced by the United Nations, the Council of Europe, the European Union and international organizations such as the International Labor Organization into the domestic legislation in a way to cover LGBTI+ persons.
- Central government should adopt and bring into force the regulations introduced by the United Nations Principles for Older Persons and UN Committee on the Elimination of Discrimination Against Women (CEDAW); General recommendation No. 27 on older women and protection of their human rights, 16 December 2010, CEDAW/C/GC/27 in a way to cover LGBTI + persons and should harmonize the regulations and practices in domestic law.
- Local administrations should adopt the LGBTI+ inclusive approach in social services such as nursing homes and healthcare, and should monitor the needs of elderly LGBTI+ people by evaluating them from various aspects such as self-expression and socialization.
- The private sector should adopt LGBTI+ inclusive approach in the services it offers for the elderly and should monitor the needs of elderly LGBTI+ people by evaluating them from various aspects such as self-expression and socialization.
- With regard to old age as a phase, studies should be carried out to create the necessary ground for people to design their own aging years throughout their lives. In summary, the adoption of pension plans suitable for the conditions of each social group by the state and the private sector should be ensured.
- To be able to express and realize sexual orientation and gender identity should be considered within the scope of the right to self-realization and the right to physical and mental integrity, the areas should be provided for expressing SOGIESC at all ages by making the necessary arrangements to remove the obstacles in enjoyment of these rights.
- The necessary changes should be ensured in the legislation to prohibit the discrimination based on SOGIESC and age and in all regulations starting from the Constitution.
- The fact that the right to privacy includes the immunity of sexual life should enter into force in practice.
- Research and studies should be conducted to establish rehab mechanisms against the mental and physical damage that lifetime discrimination may cause on LGBTI + people.
- The mechanisms should be ensured for elderly LGBTI+ can access to home care and institutional care without being exposed to discrimination. It should be ensured that the institutional care and home care to be provided as complementary services rather than substitute services and those should be determined in line with the needs of the persons. Institutional care should be provided by both the public and private sector and NGOs.
- Considering the fact that the construction of social services and care services on a family basis restricts the access of LGBTI+ persons to these services, the construction of care services mechanisms should be ensured based on persons rather than family in the context of the “right to private life”.
Tags: human rights, life
