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Country Report for Use in Refugee Claims Based on Persecution Relating to Sexual Orientation and Gender Identity
Turkey Country Report for use in refugee claims based on persecution relating to sexual orientation and gender identity Produced: January 20, 2010 Sexual Orientation and Gender Identity research – [email protected] International Human Rights Program University of Toronto This document was prepared by law students and highlights information about publicly-accessible country conditions available at the time it was prepared. It is not exhaustive, nor is it updated on a regular basis. The information provided here is not a substitute for legal advice or legal assistance, and the International Human Rights program at the University of Toronto, Faculty of Law cannot provide such advice or assistance. I: Introduction This report reveals that while homosexuality in Turkey is not considered a criminal act, Turkey remains a society where discrimination and persecution based on sexual orientation and gender identity exists both in civil society and in the military. Lesbian, gay, bisexual, and transgender (LGBT) persons in Turkey face legal challenges not experienced by non-LGBT residents. This can be partially attributed to the conservative values embedded in Turkish society. In civil society, there are numerous reports of persons who have been victim of violence based on sexual orientation. LGBT Turks are vulnerable to physical and verbal harassment and abuse from police officers. Judges and prosecutors also share a dismissive attitude toward reports of persecution. Numerous media outlets have reported incidences of persecution based on sexual orientation, including murder. In the military context, Turkey has adopted a “don‟t ask, don‟t tell” policy, similar to that of the United States. Homosexuality is therefore permitted in the military context, so long as it does not pose a problem. -
Arab Scholars and Ottoman Sunnitization in the Sixteenth Century 31 Helen Pfeifer
Historicizing Sunni Islam in the Ottoman Empire, c. 1450–c. 1750 Islamic History and Civilization Studies and Texts Editorial Board Hinrich Biesterfeldt Sebastian Günther Honorary Editor Wadad Kadi volume 177 The titles published in this series are listed at brill.com/ihc Historicizing Sunni Islam in the Ottoman Empire, c. 1450–c. 1750 Edited by Tijana Krstić Derin Terzioğlu LEIDEN | BOSTON This is an open access title distributed under the terms of the CC BY-NC-ND 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided no alterations are made and the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/by-nc-nd/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Cover illustration: “The Great Abu Sa’ud [Şeyhü’l-islām Ebū’s-suʿūd Efendi] Teaching Law,” Folio from a dīvān of Maḥmūd ‘Abd-al Bāqī (1526/7–1600), The Metropolitan Museum of Art. The image is available in Open Access at: https://www.metmuseum.org/art/collection/search/447807 Library of Congress Cataloging-in-Publication Data Names: Krstić, Tijana, editor. | Terzioğlu, Derin, 1969- editor. Title: Historicizing Sunni Islam in the Ottoman Empire, c. 1450–c. 1750 / edited by Tijana Krstić, Derin Terzioğlu. Description: Boston : Brill, 2020. | Series: Islamic history and civilization. studies and texts, 0929-2403 ; 177 | Includes bibliographical references and index. -
Newsletter N. 60
OBSERVATORY ON THE RESPECT FOR FUNDAMENTAL RIGHTS IN EUROPE Newsletter n. 60 15 January 2017 Below are the main updates concerning case-law and acts relevant to the protection of fundamental rights, as published in the web site www.europeanrights.eu For the acts of the European Union we have included: the Recommendation of the European Commission of 21.12.2016 regarding the rule of law in Poland; the Resolution of the European Parliament of 14.12.2016 on the Annual Report on human rights and democracy in the world and the European Union’s policy on the matter 2015; the Resolution of the European Parliament of 13.12.2016 on the situation of fundamental rights in the European Union in 2015; the Opinion 4/2016 of the EU Agency for Fundamental Rights of 23.11.2016 on the impact on children of the proposal for a revised Dublin regulation, COM 2016 (270); the study of the European Parliament of 22.11.2016 “The Implementation of the Charter of Fundamental Rights in the EU institutional framework”; the study of the European Parliament of 18.11.2016 “Knowledge and Know-how: the Role of Self-Defence in the Prevention of Violence against Women”; the study of the European Parliament of 17.11.2016 “Towards a European Public Prosecutor’s Office (EPPO)”; the study of the European Parliament of 23.05.2016 “Turkey: How the Pre-Accession Funds Have Been Spent, Managed, Controlled and the Monitoring System?”. For the Council of Europe we would like to highlight the following resolutions and recommendations: of the Parliamentary Assembly: the Resolution 2140 of 25.11.2016, “The exploration and exploitation of non-conven- tional hydrocarbons in Europe”; the Resolution 2139 of 25.11.2016, “Ensuring access to health care for all children in Europe”; the Resolution 2138 of 25.11.2016, “The situation in Aleppo”. -
Arab LGBTQ Subjects: Trapped Between Universalism and Particularity? Written by Rebekka Muth
Arab LGBTQ Subjects: Trapped Between Universalism and Particularity? Written by Rebekka Muth This PDF is auto-generated for reference only. As such, it may contain some conversion errors and/or missing information. For all formal use please refer to the official version on the website, as linked below. Arab LGBTQ Subjects: Trapped Between Universalism and Particularity? https://www.e-ir.info/2019/05/11/arab-lgbtq-subjects-trapped-between-universalism-and-particularity/ REBEKKA MUTH, MAY 11 2019 The so-called ‘rainbow flag’ incident in Egypt in September 2017 put the violation of LGBTQ[1] rights of countries in the Middle East and North Africa[2] back on the international agenda and created a massive outcry. After displaying a rainbow flag at a concert of the Lebanese band Mashrou Leila, a month-long crackdown with dozens arrested started in Egypt. Whereas Western Human Rights Organizations criticized President Al-Sisi for violating and abusing inherent human rights, he justified his means with preserving the culture and history based on the idea of “protecting Egypt from bad people” (Human Rights Watch, 2018a, p. 41). LGBTQ individuals throughout the MENA region face oppression, marginalization and a hostile environment on a daily basis. Isolation, abuse, psychological terror, state- sponsored repression and anal examination are frequently mentioned words describing the situation of LGBTQ individuals there (Egyptian Initiative for Personal Rights, 2017; Human Rights Watch, 2018a; Mesahat Foundation for Sexual and Gender Diversity, 2016). Same-sex conduct is penalized in all of these countries, except Jordan. Iran, Saudi-Arabia, Yemen, and Iraq criminalize it with the death penalty (Carrol & Mendos, 2017, pp. -
“We Need a Law for Liberation” RIGHTS Gender, Sexuality, and Human Rights in a Changing Turkey WATCH
Turkey HUMAN “We Need a Law for Liberation” RIGHTS Gender, Sexuality, and Human Rights in a Changing Turkey WATCH “We Need a Law for Liberation” Gender, Sexuality, and Human Rights in a Changing Turkey Copyright © 2008 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-316-1 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org May 2008 1-56432-316-1 “We Need a Law for Liberation” Gender, Sexuality, and Human Rights in a Changing Turkey Glossary of Key Terms........................................................................................................ 1 I. Summary...................................................................................................................... 3 Visibility and Violence .................................................................................................... 3 Key Recommendations ..................................................................................................10 Methods........................................................................................................................12 II. -
Report on Turkey
CRI(2016)37 ECRI REPORT ON TURKEY (fifth monitoring cycle) Adopted on 29 June 2016 Published on 4 October 2016 ECRI Secretariat Directorate General II - Democracy Council of Europe F-67075 STRASBOURG Cedex Tel.: + 33 (0) 3 90 21 46 62 E-mail: [email protected] www.coe.int/ecri ECRI REPORT ON TURKEY (fifth monitoring cycle) Adopted on 29 June 2016 Published on 4 October 2016 TABLE OF CONTENTS FOREWORD ................................................................................................................ 7 SUMMARY ................................................................................................................... 9 FINDINGS AND RECOMMENDATIONS .................................................................... 13 I. COMMON TOPICS ......................................................................................... 13 1. LEGISLATION AGAINST RACISM AND RACIAL DISCRIMINATION ........................ 13 - PROTOCOL NO. 12 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR) .................................................................................................... 13 - CRIMINAL LAW ........................................................................................... 13 - CONSTITUTIONAL LAW ............................................................................... 15 - CIVIL AND ADMINISTRATIVE LAW ................................................................. 15 - SPECIALISED NATIONAL BODIES .................................................................. 17 2. HATE SPEECH .......................................................................................... -
Alternative Sexualities in India Master of Arts Thesis
Alternative Sexualities in India Master of Arts Thesis Paulina S. Mposo s1498894 Asian Studies (Code: 60839) Supervisor: Prof. Dr. P.R. Kanungo Specialization: South Asian Studies, History, Arts, and Culture of Asia University of Leiden, Faculty of Humanities Leiden University, Leiden Final version, December 2017 1 Abstract Diversity of gender self-apprehensions and sexual attachments have been long under negotiation of medical, spiritual, and cultural writing, and is now understood as significant component of Indian political debate. There is not enough audacity in confronting assumptions on sexualities beyond binary. Although complex to address, sensitive questions upon behavior, belonging, and violence are of importance for those stigmatized on account of their sexuality. The literature, activism, and law, reflective of social bias, support norms and blur the picture of everyday lived reality. This paper gathers ambiguous, space, and time dependent perceptions of alternative sexualities in India, to open present day debate on queer mobilization in India entangled in colonial, global, and pre-modern influences. 2 Acknowledgements This thesis would not have the recent shape without the supervision of Prof. Dr. P.R. Kanungo to whom I send sincere gratitude for personal support, undertaking responsibility of providing useful suggestions about the paper. Special thanks are given to all lecturers of Asian Studies Department, who advanced my academic progress. 3 Table of Contents Abstract 2 Acknowledgements 3 Table of Contents 4 Aberrations and Acronyms 8 Glossary 9 Chapter 1 Introduction 14 Chapter 2 Literature Review 16 Introduction 16 2.1. Literature Review 16 The Local, the Global and Language 17 Health Care Discourse 19 Stigmatized Femininity 20 Silence and the Law 21 Historical Recounts on Gender and Sexuality 23 Gender Identity and Sexual Behavior 24 Gaps Within the Current Research 25 Conclusion 25 Chapter 3 Attitudes Towards Alternative Sexualities 26 Introduction 26 3.1. -
The Rule of Law and Human Rights in Turkey
Human Rights and the Rule of Law in Turkey A Scoping Report British Institute of International and Comparative Law December 2015 Human Rights and the Rule of Law in Turkey – A Scoping Report Executive Summary This Scoping Report on Human Rights and the Rule of Law in Turkey has been produced by the British Institute of International and Comparative Law (BIICL), the foremost independent research and discussion body in the United Kingdom. BIICL is unaffiliated to any university, and is one of the leading such bodies in the world. It undertakes high quality research, publications, events and training on issues of international and comparative law around the globe. The content of this Scoping Report covers the current human rights and rule of law situation in Turkey. It first sets the scene by providing a contextual background, which includes some of the major constitutional and political developments since the establishment of the republic. Key domestic facts are also part of this introductory section of the Report, including demographic information, education and literacy, economy, minority groups, domestic security and foreign relations. It also entails some information regarding what is known as the Hizmet (or Cemaat) movement. The second section of the report focuses on the government structure. It presents the executive power with the role of the President and the Council of Ministers before discussing their relationship with the military. The legislature and the current position of the ruling political party are then explained. This section ends with a presentation of the judiciary, including its structure and key institutions, the way judges are appointed, as well as judicial remedies and judicial review. -
The LGBT Community in Turkey: Discrimination, Violence, and the Struggle for Equality
152 Volume 7 CREIGHTON INTERNATIONAL AND COMPARATIVE LAW JOURNAL! The LGBT Community in Turkey: Discrimination, Violence, and the Struggle for Equality * * MICHAEL MCCLAIN AND OLENKA WAITE-WRIGHT Lead Article “I believe homosexuality is a biological disorder, an illness and should be treated.” - Aliye Kavaf, Minister of State Responsible for Women and the Family, 2010.1 I.! INTRODUCTION !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! * Michael McClain is an Assistant Attorney General for the state of Missouri and is a graduate of Loyola University Chicago School of Law, where he earned a certificate in International Law. Michael received his undergraduate degree in Political Science from Loyola University Chicago and minored in Religious Studies with a focus on Islam. Prior to joining the Missouri Attorney General’s Office, he worked as a Staff Attorney with the Illinois Legislative Reference Bureau. * Olenka Waite-Wright is an attorney at Pitzer Snodgrass, P.C. and is a graduate of Loyola University Chicago School of Law, where she graduated cum laude and was the Editor-in-Chief of the Children’s Legal Rights Journal. Olenka received her undergraduate degree in International Studies, Political Science, and Classical Civilizations from Loyola University Chicago. Prior to joining Pitzer Snodgrass, she worked as an attorney and Ethics Officer with the Illinois Legislative Reference Bureau. 1 The Minister was quoted during a media interview as saying “I believe homosexuality is a disorder, an illness and should be treated.” Faruk -
Military Service – Sexual Identity) Turkey CG [2013] UKUT 00612(IAC
Upper Tribunal (Immigration and Asylum Chamber) SD (military service – sexual identity) Turkey CG [2013] UKUT 00612(IAC) THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 4 and 5 June 2013 ………………………………… Before UPPER TRIBUNAL JUDGE LATTER UPPER TRIBUNAL JUDGE DAWSON Between SD Appellant and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation: For the Appellant: Mr A Gilbert, instructed by Rahman & Company Solicitors For the Respondent: Mr D Hayes, Home Office Presenting Officer (1) All Turkish males are required to undergo military service but exemption can be granted on the grounds of physical or mental disability which includes "sexual identity disorder". (2) Homosexuality is regarded by the Turkish army as a sexual identity disorder but the perception of homosexuality in Turkey is not reduced to a person's sexual preference but is informed by an assessment of his whole personality including his outward appearance and behaviour. It is associated with the passive role which is seen as unmanly whereas taking the active role does not attract the same disapproval and is not considered to undermine the essence of manliness. © CROWN COPYRIGHT 2013 (3) The exemption process for determining whether a recruit is entitled to exemption generally includes intrusive requirements which do not properly respect the human dignity of someone whose sexual identity would qualify him for exemption such that it can properly be categorised as degrading and involving a real risk of a breach of article 3. (4) If during his military service a recruit (whether he has not sought exemption or has been refused) is discovered or is perceived to be homosexual as understood in Turkey, there is a reasonable degree of likelihood of ill-treatment of sufficient severity to amount to persecution on the basis of his sexual identity and there is no sufficiency of protection. -
European Parliament
14.1.2011 EN Official Journal of the European Union C 10 E /1 http://www.europarl.europa.eu/QP-WEB IV (Notices) NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES EUROPEAN PARLIAMENT WRITTEN QUESTIONS WITH ANSWER List of titles of Written Questions by Members of the European Parliament indicating the number, original language, author, political group, institution addressed, date submitted and subject of the question (2011/C 10 E/01) P-6919/08 (ES) by Willy Meyer Pleite (GUE/NGL) to the Commission (18 December 2008) Subject: Construction of a cement storage megacomplex at wharves 19 and 21 of the port of Alicante (Spain) Answer from the Commission (30 January 2009) Supplementary answer from the Commission (25 June 2010) P-3710/09 (ES) by Iratxe García Pérez (S&D) to the Commission (23 July 2009) Subject: Different closure terms offered by same firm, for mills in Spain and Sweden Answer from the Commission (7 September 2009) P-3711/09 (DE) by Thomas Ulmer (PPE) to the Commission (23 July 2009) Subject: Single European on-call number Answer from the Commission (25 August 2009) P-3712/09 (DE) by Andreas Schwab (PPE) to the Commission (23 July 2009) Subject: Mobile termination rates in Bulgaria Answer from the Commission (21 August 2009) P-3713/09 (DE) by Paul Rübig (PPE) to the Commission (23 July 2009) Subject: Freephone or reduced-rate phone numbers within the European Union Answer from the Commission (21 August 2009) P-3714/09 (EN) by Emine Bozkurt (S&D) to the Commission (23 July 2009) Subject: ‘Green Funds’ (Islamic -
Turkey and Lgbt Rights: a Historical and Global Perspective
TURKEY AND LGBT RIGHTS: A HISTORICAL AND GLOBAL PERSPECTIVE During the last decade, LGBT rights has transformed into an international issue, making it more urgent for Ankara to address issues of its own LGBT community. When placed in the domestic context, the LGBT struggle has followed the path of other communities demanding freedoms. However, on the international front, the issue becomes much more complex. Further, if checked in a historical context, the promotion of LGBT rights by international organizations and the U.S. State Department can be seen as an extension of European intervention in Ottoman affairs in the mid-19th-century, and the early years of the Turkish Republic. This fact could lead some to perceive their agenda as a type of Western exclusivism or cultural imperialism. Due to these reasons, it seems that if change is to come in Turkey, it will be a result of domestic activism and Turkey’s choice to continue with EU reforms. Louis A. Fishman* QUARTERLY * Louis A. Fishman is an Assistant Professor at Brooklyn College of the City University of New York. The author is grateful for the helpful feedback provided by Hardy Griffin. 149 VOLUME 11 NUMBER 4 LOUIS A. FISHMAN he attention Turkey’s lesbian, gay, bisexual, and transgender (LGBT) community has received during the last decade coincides with both lo- cal and international trends. Domestically, the LGBT community’s ef- T forts to implement change for their community parallels other struggles for freedoms playing out in the Turkish political and social sphere, whose found impetus parallels the rise of the Justice and Development Party (AK Party).