EU Annual Report Demands for More Reforms from Turkey including LGBT Rights

Source: Kaos GL

The European Commission's annual progress report on Turkish membership (Turkey 2009 Progress Report) says Ankara has made some improvements however it also said Turkey should speed ups its political and civil rights reform including resolving LGBT issues.

Below are the excerpts from the "Turkey 2009 Progress Report"

PAGE 20
The Court of Cassation ruled against the closure of the lesbian, gay, bisexual, transgender and transvestite (LGBTT) Lambda Istanbul Solidarity Association in April.

However, the court’s ruling made the legality of the association conditional on not "encouraging lesbian, gay, bisexual, transvestite and transsexual behaviour with the aim of spreading such sexual orientations"; this is not compatible with the EU's rejection of homophobia and its anti-discrimination standards.

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The principle of anti-discrimination is enshrined in the Constitution and upheld in several laws. The Government raised public awareness on anti-discrimination and decided that the first lecture of the school year should be this issue.

However, the legal framework is not adequately aligned with the EU acquis (see chapter 19- Social policy and employment). There have been several cases of discrimination at the workplace, where LGBT employees have been fired because of their sexual orientation.

Provisions of the Turkish Criminal Code on ‘public exhibitionism’ and ‘offences against public morality’ are sometimes used to discriminate against LGBT people. The Law on Misdemeanours is often used to impose fines against transgender persons.

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The Turkish armed forces have a health regulation which defines homosexuality as a “psychosexual” illness and identifies homosexuals as unfit for military service. Conscripts who declare their homosexuality have to provide photographic proof. A small number have had to undergo humiliating medical examinations.

PAGE 72
Anti-discrimination is enshrined in the Constitution and upheld in several laws. However the legal framework is not adequately aligned with the EU acquis (see chapter 19 – Social policy and employment).

Provisions of the Turkish Criminal Code on "public exhibitionism" and "offence against public morality" are sometimes used to discriminate against the lesbian, gay, bi-sexual, transvestite and transgender (LGBTT) community. Homophobia has resulted in cases of physical and sexual violence while courts have on occasions applied the principle of "unjust provocation" in favour of perpetrators of crimes against transsexuals and transvestites.