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Human Rights of Lgbti+ People in Turkey Annual Review 2018

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Human Rights of Lgbti+ People in Turkey Annual Review 2018 HUMAN RIGHTS OF LGBTI+ PEOPLE IN TURKEY ANNUAL REVIEW 2018 INTRODUCTION ............................................................................................................................ 2 FINDINGS REGARDING HUMAN RIGHTS OF LGBTI+ PEOPLE ............................................... 4 I. Right to Life and Hate Murders against LGBTI+s ................................................................... 4 II. HATE CRIMES ...................................................................................................................... 10 III. HATE SPEECH .................................................................................................................... 20 IV. GENDER BASED VIOLENCE ............................................................................................. 36 V. BAN ON TORTURE AND MALTREATMENT ...................................................................... 37 VI. PERSONAL LIBERTY AND SECURITY ............................................................................. 44 VII. PRIVACY AND PROTECTION OF PRIVATE LIFE ........................................................... 48 VIII. FREEDOM OF EXPRESSION .......................................................................................... 49 IX. RIGHT TO ASSEMBLY AND DEMONSTRATION ............................................................. 55 X. RIGHT TO WORK ................................................................................................................ 73 XI. RIGHT TO EDUCATION ..................................................................................................... 92 XII. RIGHT TO HEALTH ......................................................................................................... 106 XIII. FREEDOM OF RESIDENCE AND TRAVEL - RIGHT TO PROPERTY ........................ 111 XIV. ACCESS TO GOODS AND SERVICES ......................................................................... 118 XV. RIGHT TO REPRODUCE - LEGAL STATUS OF INTERSEX PEOPLE ........................ 122 XVI. RIGHT TO MARRY AND TO FOUND A FAMILY .......................................................... 127 XVII. RIGHT TO SOCIAL SECURITY .................................................................................... 128 XVIII. RIGHTS OF PRISONERS AND CONVICTS ................................................................ 129 XIX. RIGHTS OF FOREIGNERS, ASYLUM SEEKERS, REFUGEES, IMMIGRANTS......... 138 XX. RIGHT TO POLITICAL PARTICIPATION ....................................................................... 148 XXI. RIGHT TO BENEFIT FROM SCIENTIFIC PROGRESS ................................................ 148 XXII. RIGHT TO INFORMATION ............................................................................................ 149 XXIII. COMPULSORY MILITARY SERVICE .......................................................................... 154 CONCLUSION ............................................................................................................................ 162 INTRODUCTION While preparing the Human Rights Report of LGBTI People in Turkey for 2018 as Kaos GL Association, we have chosen an approach aiming to address the categories of rights and freedoms as headings, to include the national and international legislation regulating for each right and freedom under these headings, and to address general profile of the positive and negative incidents about the related right and freedom that have occurred in 2017 and 2018 or took place in prior years which still have judicial process in 2018 in order to be able to show the general situation. Clearly, we are not able to gather data on every violation and incident that happened in these two years and address every single case with detail in the report. Therefore, this report represents the violations and incidents that we were able to find out. Furthermore, we have been able to include a limited number of violations; just enough to create a general picture, in categories with a high number of violations like hate speech and confined ourselves to state the total number of violations numerically. Likewise, in the specific categories like hate speech, we have referred to other reports that we prepared thematically in that year or in previous years. Further, in order not to fall into repetition in the scope of this report, we prefer referring to the detailed legislation analysis within the LGBTI+ (lesbian, gay, bisexual, trans, intersex…) human rights watch reports of the previous years, which we have also contributed to the preparation processes. However, with the information provided in the report, we think that we were able to implement a method to enable any individual or institution, who seeks to reach information about the related category of right-freedom, to access fundamental regulations regarding that category. A total of 89 cases has been reviewed regarding the violations against the LGBTI+ human rights in the extent of this report. Considering the distribution of violations by categories of rights; four cases of hate murders, ten cases of hate crimes, twenty-three cases of hate speech, six cases regarding the prohibition of torture and maltreatment, three on the context of the violation of the right to freedom and security, one case of violation of right to private life, five cases regarding the violation of freedom of speech, four cases of violating the right to assembly and demonstration, five cases regarding the discrimination in the workplace, thirteen cases of discrimination in the education, three cases regarding the discrimination in healthcare, one case of the violation of the right to adequate housing, four cases regarding the discrimination in accessing the goods and services, four cases of violations against the rights of the LGBTI+ prisoners, three cases regarding the violation of rights of the refugees have been included in the report in details. In addition, in 2018, Kaos GL continued to report hate crimes based on the statements of victims and witnesses.1 A total number of 62 hate crime cases were reported to this research. The findings of this year are consistent with previous years. According to this, most of the hate crimes took place at home, at work or in public places such as schools, streets, hospitals, public transport, and parks. In more than half of the cases, the perpetrators were more than one person.. Very few of the cases have been reported to police, judicial authorities, Human Rights and Equality Institution of Turkey or Ombudsman Institution. The approaches of the relevant public authorities ignoring and from time to time, even violating LGBTI+ rights have caused the numbers of these reports remain very few. When the cases in the LGBTI+’s Human Rights Watch Report are examined, it will be seen that the negative behaviors and practices towards LGBTI+s maintain their intensity severely. Other results that can be seen in the report are that the visibility of violations against LGBTI+s increases and there is an increase in the number of people resorting to legal remedies against violations. 2017 and 2018 are the years in which unprecedented practices and violations have occurred, such as the first indefinite ban on LGBTI+ activities in Ankara. Despite the increasing number of violations and their visibility as well as the increasing number of applications to the judicial authorities against violations, the number of positive decisions to prevent violations from the judiciary is extremely limited. It is also seen that a small number of violations are prevented by judicial rulings and these verdicts are included in the related category within the scope of the report. We wish the report would be a step for a country where violations have been eliminated by making the violations that LGBTI+s are exposed to and the systematic form of these violations visible. Lastly, we would like to express our gratitude to Att. Yasemin Öz, Att. Kerem Dikmen, Att. Hayriye Kara and Att. Emrah Şahin who contributed to the preparation process of this report, to KaosGL.org for publishing the violations and for their contribution in reporting them and to Murat Köylü and Damla Umut Uzun who participated in the preparation process of this report. 1https://kaosgldernegi.org/yayindetay.php?id=253 FINDINGS REGARDING HUMAN RIGHTS OF LGBTI+ PEOPLE I. Right to Life and Hate Murders against LGBTI+s Right to life has been legislated in the Article No.17 of the Turkish Constitution, which is titled “personal inviolability, corporeal and spiritual existence of the individual”, as; “Everyone has the right to life and the right to protect and improve their corporeal and spiritual existence”. Besides that, right to life is one of the most fundamental human rights legislated in the Article 3 of the Universal Human Rights Declaration, Article 2 of the European Convention on Human Rights and Article 6 of The International Covenant on Civil and Political Rights. Turkey ranks high in the world with regards to hate murders against LGBTI+s. According to the TransgenderEurope’s 2016 report on Hate Murders Against Trans People, Turkey is the first in Europe and ninth in the World on the numerical ranking of hate murders against trans people between January 2008-April 2016.2 In addition, based on the cases reflected to media and judiciary, and on the cases taken place in 2017 and 2018 or happened in prior years but still in judiciary processes in 2018, it can be said that effective investigations were not conducted for some of the hate murders against LGBTI’s
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