TİHEK continued its discriminatory attitude towards LGBTI+'s in the Parliament

15/01/2025 | Writer: Kaos GL

Muharrem Kılıç, President of TİHEK, answered DEM Party MP Adalet Kaya's question on why the organisation rejects applications regarding discrimination against LGBTI+'s by saying ‘this is the law’.

The Human Rights and Equality Institution of Turkey (TİHEK) made a presentation to the Commission to Investigate Violence and Discrimination against Women on 9 January.

Peoples' Equality and Democracy Party (DEM Party) Diyarbakır MP Adalet Kaya asked TİHEK President Muharrem Kılıç about the continuous rejection of TİHEK applications on discrimination against LGBTI+ persons. Kaya said the following:

"You categorically ignore and refuse to accept applications made especially about LGBTI+'s. How do you intend to work on combating discrimination based on sexual orientation and gender identity? In other words, there is a need for work on LGBTI+'s, especially in terms of hate and violence, and you have a duty in this regard."

Muharrem Kılıç, President of TİHEK, answered Kaya's question by saying"we make our decisions within the framework of the limits set by the legislator ’.

Kılıç used the following expressions in his reply:

"At this point, I can say that within the framework stipulated in the literal sense of the law, our field of duty and jurisdiction is determined within the framework of the discretion of the legislator, the legislative body, on the grounds of discrimination on the basis of sex. In the literature, of course, there can be many subjects in other national human rights institutions, from hair colour to hair colour, not only the ethnic origin of the person, but also different types of discrimination up to genealogy... However, we receive our applications and make our decisions within the framework of the 15 basic limits set by the legislator."

Discrimination without establishment: TİHEK

TİHEK gives ‘inadmissibility’ decisions in applications related to LGBTI+'s. The establishment of TİHEK, which cites the law as a basis for its inadmissibility decisions, started with discrimination against LGBTI+'s

The history of the institution, which was established in 2012 under the name of the Human Rights Institution of Turkey, transformed into a national prevention mechanism with the decision of the Council of Ministers in 2013, and changed its name to the Human Rights and Equality Institution of Turkey in 2016, is full of discrimination against LGBTI+'s.

The draft law on the establishment of the Human Rights and Equality Institution of Turkey was examined by the Human Rights Commission of the Grand National Assembly of Turkey in February 2016. CHP and HDP's demands to add ‘sexual orientation and gender identity’ to the bill were not accepted due to AKP's homophobic reaction. HDP withdrew from the work of the commission.

The bill, which excludes discrimination based on sexual orientation and gender identity, could have been sent to the sub-commission, but as a result of the AKP's insistence, it was examined by the commission and sent directly to the parliament for a vote. Thus, a more detailed examination of the bill in the sub-committee was prevented. The opposition and civil society were not given enough time to present their proposals.

During the discussions of the bill, which prohibits discrimination based on gender, race, colour, language, religion, belief, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health status, disability and age, but ignores LGBTI+'s and their demands, a debate took place in the commission.

Then Prime Minister Ahmet Davutoğlu claimed that the Human Rights and Equality Institution of Turkey, which was prepared without consulting civil society and ignored LGBTI+'s despite all their demands , would strengthen human rights.

50 LGBTI organisations issued a press statement saying ‘Don't discriminate against homosexual, bisexual, trans and intersex people in the Human Rights and Equality Institution Law!’. Civil society organisations started an institutional and individual signature campaign against the Human Rights and Equality Institution Draft Law, which discriminates against LGBTI+'s and excludes human rights organisations from the process. Addressing the Grand National Assembly of Turkey, the organisations said, ‘We, as civil society organisations working for human rights, anti-discrimination and equality in Turkey, draw attention to the fact that the structure and the framework envisaged in the Draft Law on the Human Rights and Equality Institution of Turkey, which will be discussed in the General Assembly of the Grand National Assembly of Turkey, cannot achieve the purpose and function stated in its justification.’

Click-Chronology: An anti-LGBTI+ rights institution, with human rights and equality in its name

Tags: human rights