| For a summary of Turkey’s review at the second cycle please click here. |
8th UPR session
Date of review: 10 May 2010
Date of report adoption: 17 June 2010
Document number: A/HRC/15/13
|
SUMMARY SOGIESC issues during Turkey’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Scope of international obligations
3. Regarding minority rights and lesbian, gay, bisexual, and transgender (LGBT) rights, Human Rights Watch (HRW) urged Turkey to withdraw its reservation to article 27 of the International Covenant on Civil and Political Rights (ICCPR) on minority rights and ratify the Council of Europe Framework Convention for the Protection of National Minorities and other international instruments relating to minority rights, and ensure that they are fully enforced.
Equality and non-discrimination
14. HRW urged Turkey to revise laws containing discriminatory provisions, enact comprehensive anti-discrimination legislation, and include the prohibition of discrimination on grounds of sexual orientation and gender identity in the Constitution.
23. According to HRW, Turkey had a longstanding record of violence and abuse targeting people on the basis of their sexual orientation and gender identity. HRW has recorded eleven killings of transgender people since July 2008. Turkey tried to close down several LGBT groups on the ground that no association may be founded for purposes against law and morality. In April 2009, the Court of Cassation ruled against the closure of Lambda Istanbul Solidarity Association. However, the Court’s ruling included the condition that the association should not encourage lesbian, gay, bisexual, transvestite and transsexual behaviour which aim to spread such sexual orientations.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
14. A draft law on a non-discrimination and equality board, based on international standards, has been prepared. The grounds of non-discrimination include, inter alia, sexual identity, disability and ethnic origin.
35. Responding to questions, Turkey noted the constitutional safeguards regarding the prohibition of discrimination, which were construed to include lesbian, gay, bisexual and transgender persons. The right to freedom of assembly for such persons was confirmed by case law of supreme courts, and all hate crimes were considered unacceptable, including those on grounds of sexual identity.
50. Norway […] noted reports on violations of the fundamental rights of lesbian, gay, bisexual and transgender persons.
V. Conclusions and/or recommendations
Turkey accepted the following recommendations:
100.33. Ensure non-discrimination on the basis of sexual orientation and gender identity (Norway);
102.11. Take steps to eliminate any discrimination in the enjoyment of all human rights by lesbian, gay, bisexual and transgendered (LGBT) individuals, including by ensuring that their right to freedom of association is fully respected (Canada);
102.12. Revise laws still containing discriminatory provisions, enact comprehensive anti-discrimination legislation and expressly include the prohibition of discrimination on the grounds of sexual orientation or gender identity in such legislation (Netherlands).
Turkey noted the following recommendations:
102.10. Review compliance of its national legislation with the principle of nondiscrimination, in particular with regard to women and persons of minority ethnicity, sexual orientation and gender identity, to adopt a comprehensive antidiscrimination legal framework specifically protecting against discrimination on these grounds, and lead long-term awareness-raising campaign on these issues among the public (Czech Republic);
102.13. Develop comprehensive anti-discrimination legislation including a clear definition of discrimination against women and racial discrimination in its legislation as well as prohibiting discrimination on the basis of sexual orientation and gender identity (Ireland);
102.32. Develop human rights education and training to members of the police, military, prison and detention staff and judiciary in order to include specific focus on the protection of the rights of women, children and persons of minority ethnicity or sexual orientation and gender identity (Czech Republic).
VI. Further information
You will find all documents relating to Turkey’s first review at UPR-Info and OHCHR’s websites.