12/10/2008 | Writer: KAOS GL

October 2008

Below is the report issued by Kaos GL regarding legal framework in Turkey for discrimination based on sexual orientation.

Preface
Introduction to the Report
Part 1 - Discrimination of Sexual Orientation in Constitution
Part 2 - Discrimination of Sexual Orientation in Labor Law
Part 3 - Discrimination of Sexual Orientation in Criminal Law
Part 4 - Common Law and Homosexuality
Part 5 - Military and Homosexuality
Conclusion

DISCRIMINATION OF SEXUAL ORIENTATION AND LAW REPORT
October 2008

PREFACE

Kaos GL has been struggling since 1994 not only for homosexuals but also for the freedom of the human beings. We know that some portion of community can not have freedom and find solutions to their problems indifferent of others. Therefore, we are struggling for a communal transformation as much as possible. We want a rainbow in which everyone can breath safely.

Sometimes our voice might not be as strong as desired in relation to life and freedom. However we try to find "How can we make our voice come about stronger?" Since we know that no organisation individually can achieve the war for human rights, we have been cooperating with lesbian, gay, bisexual and transgender (LGBT) organisations and human rights organisations.

We can say that this book has appeared as a result of our trials on creating a common ground for the fight of human rights. "What type of legal frame is present for the homosexuals?", "What does this legal framework stand for in the lives of homosexuals?". Basically this book tries to find clear answers to these questions. We need to underline it once again that the answers of these questions are not lying under the pages of this book but only possible with the creation of a common fight for human rights.

The "Discrimination of Sexual Orientation and Law Report" of Colours of Life Project which has been carried out in the scope of Campaign 2 of Kaos GL Association European Union Human Rights and Democracy Program, has been submitted by Lawyer Oya Aydin.

In the framework of Colours of Life, "Our rights survey" has been performed aiming the homosexuals. In this survey, the fields in which homosexuals experience most problems are criticized.

"Have you ever been subject to physical violence because of your homosexual identity?" was the first question of the survey. We have pointed out these issues as fields of possible physical violation; family, business life, social life and military for males. Out of 1000, 554 people have answered this question. 50 of these have replied family, 12 have replied business life, 200 have replied in social life, 10 have replied in military process and 24 have replied education life. However most of the participants stated "We haven't come up with any physical violation; yet, should we had been open homosexuals we could have been subject to physical violation."

The second question was "Have you ever been subject to discrimination other than physical violence?". Most of the participants who have aswered this question have stated that they have been subject to discrimination in social life, family, business life, school and during their military period.

Those people stated that they could fight for their rights; they have been fined because of their homosexuality and that they are not utilizing their ways of defending their rights since they think that they are going to be unfairly treated.

They have also stated that those who applied for legal ways have always been judged against and have been subject to various discriminations during their search for legal rights.

The violation of human rights of the homosexuals are not limited to torture and unpleasant treatment. Besides this, violations may start with the denial of the citizenship rights of us, as homosexuals. We might encounter violations of human rights and discriminations because of daily arrangements and applications in most basic human rights like education, health, business and accommodation.

This report includes the results of the research of law which has been carried out in the scope of Colours of Life Project, prepared by Attorney Oya Ayd
Tags: human rights
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