| For a summary of Turkey’s review at the first cycle please click here. |
21th UPR session
Date of review: 27 January 2015
Date of report adoption: 13 April 2015
Document number: A/HRC/29/15
| SUMMARY
SOGIESC issues during Turkey’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
11. HRW and JS7 urged adopting legal arrangements regulating hate crimes and violence against LGBT individuals and to enact comprehensive anti-discrimination legislation.
Equality and non-discrimination
24. AI stated that the government has failed to bring forward Constitutional amendments or new domestic legislation to prohibit discrimination on grounds of sexual orientation or gender identity. AI, ERT and JS2 noted that despite agreeing to guarantee non-discrimination on the basis of sexual orientation and gender identity the government has failed to table Constitutional amendments or domestic legislation to prohibit discrimination on such grounds. They recommended incorporating the non-discrimination provisions in the Constitution and domestic law and take administrative measures to prohibit and prevent discrimination on the basis of sexual orientation and gender identity. JS2 stated that the lack of explicit legal protection has amounted to a tacit legal endorsement of acts of violence and discrimination. JS2 observed that LGBT faces discrimination in employment, freedom of assembly and association, in addition to the discriminatory Treatment of Inmates and army’s prejudicial policies toward them. ERT recommended the enactment of comprehensive anti-discrimination legislation, sexual orientation and gender identity as protected characteristics.
25. JS11 noted that since 2010, a number of civil society groups in Turkey have been actively targeted by the authorities to prevent them from promoting rights of minorities and LGBTI. They urged Turkey to create an enabling environment for civil society.
Right to life, liberty and security of the person
29. JS2 and JS7 revealed that between 2010 and June 2014, 41 individuals believed to have been killed due to their real or imputed sexual orientation or gender identity. Judges have routinely used Article 29 of the Turkish Criminal Code to reduce the sentences of those who have killed LGBT individuals.
Right to social security and to an adequate standard of living
57. […] JS10 reported that in Istanbul Sulukule, the well-known Roma neighbourhood since Byzantine times, was demolished and evicted via Law 5366 followed by demolition of Tarlabaşı, another historical low-income neighbourhood inhabited mostly by vulnerable groups such as Roma, IDP Kurdish population, migrants, LGBT and refugees. […]
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
24. UNESCO noted that the measures to address discrimination on the basis of gender, religion or sexual orientation were inadequate
29. The special rapporteur on executions recommended that, in order to reduce the vulnerable situation of lesbian, gay, bisexual and transgender (LGBT) individuals, Turkish legislation be reviewed to include language that is sensitive to gender identity and sexual orientation. UNCT recommended including sexual orientation and gender identity within the scope of discrimination. The HR Committee recommended investigations, prosecutions and punishment of acts of discrimination or violence against LGBT.
Right to health
73. UNCT noted that vulnerable population groups, such as seasonal migrant agricultural workers, the Roma population, sex workers and LGBTs, had very limited access to reproductive health information and services.
IV. References to SOGIESC issues during the Working Group review
50. The head of the delegation of Turkey stated that consultations were being conducted with representatives of the Alevi community to address their demands. Problems of Roma citizens regarding education, employment, housing, social policy and health had been discussed, and solution-oriented approaches had been adopted. The absence of specific provisions in respect of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons did not mean that their rights were not legally guaranteed. The necessary investigations were conducted into cases of killings of and acts of violence against LGBTI persons and all types of hate crimes, in order to identify perpetrators and bring them to justice. The legal process was conducted with diligence by the judicial authorities.
V. Conclusions and/or recommendations
Turkey accepted the following recommendations:
148.128. Ensure that civil society actors, including marginalized groups like those representing LGBT persons, are included in the implementation and follow-up of human rights obligations, including UPR recommendations (Norway);
149.32. Ensure the investigation, prosecution and punishment of any act of discrimination or violence motivated by the victim’s sexual orientation or gender identity (Slovenia);
150.31. Promote measures against discrimination based on sexual orientation and gender identity, including the investigation, and, where appropriate, the sanction of those responsible of acts of discrimination and violence against LGBTI persons (Argentina);
150.32. Adopt comprehensive anti-discrimination legislation and take measures to prevent and combat discrimination on any grounds, including based on sexual orientation and gender identity, and religion (Brazil).
Turkey noted the following recommendations:
150.24. Enact comprehensive anti-discrimination legislation, including a prohibition on discrimination on grounds of ethnicity, sexual orientation and gender identity (Israel);
150.25. Adopt a comprehensive anti-discrimination legislation to prevent all forms of discrimination on the basis of ethnic, religious, sexual orientation or gender identity grounds (Chile);
150.27. Review relevant legislation to ensure that discrimination on the basis of sexual orientation and gender identity is prohibited (Croatia);
150.28. Strengthen anti-hate and anti-discrimination legislation in the Turkish Penal Code, specifically article 122, by prohibiting hate crimes and discrimination based on sexual orientation (Canada);
150.30. Adopt measures to prohibit and prevent discrimination on the grounds of sexual orientation and gender identity (Uruguay);
150.33. Deal with cases of violence and discrimination based on sexual orientation, both in law and in practice, by publishing disaggregated data on complaints of violence against LGBTI persons (Chile);
150.34. Focus on the overall implementation of its non-discriminatory provisions and to extend them to include the grounds of sexual orientation and gender identity. The implementation of overall anti-discrimination policies in Turkey should include all forms of discrimination (Finland);
150.46. Continue to actively prevent discrimination of minorities through enacting comprehensive anti-discrimination legislation, including a prohibition on discrimination on grounds of ethnicity, religion, sexual orientation and gender identity (Denmark).
VI. Further information
You will find all documents relating to Turkey’s second review at UPR-Info and OHCHR’s websites.