Country of origin information report Turkey March 2009
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- Return to contents Go to list of sources Transgender persons Transvestites
- [2a] (p142)
- [71d] (p21) Return to contents Go to list of sources Legal Rights
- [57c] (p19-20)
- [71d] (p20)
Return to contents Go to list of sources Organisations promoting equal rights for LGBT persons 20.26 The Canadian Immigration and Refugee Board in ‘The treatment of sexual minorities, particularly lesbians, homosexuals and transsexuals, by state and non-state agents, including the police; protection available to sexual minorities who have been victimized’, dated 5 April 2007, noted that: “In July 2004, the Secretary General of the International Lesbian and Gay Association (ILGA), Kursad Kahramanoglu, indicated that there is no organization in Turkey that solely advocates for the rights of transvestites or the rights of transsexuals or lesbian rights. There are only two organizations in Turkey, Lamba Istanbul, which advocates for Lesbian, Gay, Bisexual and Transgender rights, and KAOS GL, which advocates for homosexual rights and both organizations are members of ILGA.” [7o] 20.27 The Canadian Immigration and Refugee Board’s website, dated 11 June 2007, also reported that “As of February 2007, Turkey had several legally registered LGBT organizations: Kaos GL (Ankara), Lambda Association (Istanbul), Pink Life (Ankara), and the Rainbow Association (Bursa).” [7j] 20.28 There are organisations in Turkey that advance the interests of LGBT people working towards legal changes; promoting anti-discrimination; social or support groups:
http://www.ilga.org/
Return to contents Go to list of sources Transgender persons Transvestites 20.29 The 2008 European Commission Progress report, published 5 November 2008, stated that “Transsexuals and transvestites are occasionally subjected to physical assaults, including by the police. Homophobia has also resulted in cases of physical and sexual violence. These allegations are not systematically followed up by prompt and effective investigation.” [71d] (p70) 20.30 The Canadian Immigration and Refugee Board’s website, dated 11 June 2007, also reported that “many Turkish transvestites and transsexuals work as prostitutes because they cannot find regular jobs due to the prejudice they face (IHT 2 May 2007; Kaos GL 5 Oct. 2006; Turkish Daily News 9 Apr. 2007)… In August 2006, a group of transsexuals were reportedly denied the right to set up an association in the city of Bursa for reasons of public morality (Kaos GL 5 Oct. 2006).” [7j] 20.31 The Netherlands Ministry of Foreign Affairs 2002 reported that “Turkish law does not prohibit transvestism. Nor does government policy discriminate against transvestites in any way. Attitudes to transvestites in Turkey are also ambivalent. Some nationally known transvestites from the world of show-business are highly regarded in Turkey. Huysuz Virjin is a famous transvestite who presents a popular talk show on television. The transvestite singer Zeki Müren, who died in 1996, was given a state funeral for his services as a singer.” [2a] (p142) Transsexuals 20.32 The Immigration and Refugee Board of Canada noted in ‘The treatment of sexual minorities, particularly lesbians, homosexuals and transsexuals, by state and non-state agents, including the police; protection available to sexual minorities who have been victimized’, dated 5 April 2007, that: “On 1 January 2002, the law regarding transsexual operations was amended to require candidates to ‘submit a medical certificate stating that the sex change is necessary for the mental health of the person concerned.’ However, those who have undergone the operation are entitled to record this in the civil register and are entitled to marry thereafter. The 2002 report by the Netherlands notes that the situation of transsexuals is similar to that of transvestites (ibid.). Similarly, Turkish Daily News reported that [t]ranssexuals are the ones who are subjected to violence the most. Because of their situation, they aren't permitted to work in society forcing them to work as sex tools. Then society punishes them for doing this." [7o] 20.33 The same Canadian IRB document, dated 5 April 2007, also noted that “Transsexuals are persecuted in Turkey and the police often torment them by forcibly shaving their heads: Long hair is a symbol of femininity and cutting it off is a potent assault on the victim's sense of identity.” [7o] 20.34 The US State Department (USSD) 2007 report, published 11 March 2008, further noted that on 15 May 2007, members of the groups Pembe Hayat and Kaos GL protested at the Esat Police Station in Ankara. Protestors claimed that transsexuals and transvestites had been unjustly taken into custody and faced mistreatment during their detention. Police officers on duty prevented the protestors from making a press statement during the demonstration. [5g] Return to contents Go to list of sources 21 Disability People with disabilities 21.01 The US State Department (USSD) 2007 report on Human Rights Practices, published 11 March 2008, noted that “The law prohibits discrimination against persons with disabilities in employment, education, access to health care, or in the provision of other state services; the government generally enforced the law effectively. The law does not mandate access to buildings and public transportation for persons with disabilities. The Presidency Administration for Disabled People, under the Prime Ministry, is responsible for protecting the rights of persons with disabilities.” [5g] (Section 2) 21.02 The BIA News Center on 4 December 2008 reported in an article ‘Turkey Ratifies the Convention for the Rights of the Disabled’, that: “The Parliament has unanimously ratified the UN Convention on the Rights of Persons with Disabilities. Turkey had signed this convention on March 30, 2007, but not ratified it until today [4 December 2008]. The convention imposes on the state obligations regarding incorporating the persons with disabilities into the society, protecting them from discrimination and stigmatization, making all the services accessible to them and in the matter of equality before the law. “The optional protocol, on the other hand, provides the individuals and the groups with the ability to apply directly to the UN Commission for the Rights of the Persons with the Disabilities, once all the internal legal means in their countries are exhausted.” [102j] 21.03 The European Commission 2008 Progress report, published 5 November 2008, stated that “There has been progress in the area of employment policy. An Employment Package was adopted in May 2008 aiming to address unemployment challenges, with a specific focus on the promotion of job opportunities for women, young people and people with disabilities…[71d] (p61) As part of the Employment Package, social security premiums for the disabled will be covered by the State to promote the employment of people with disabilities.” [71d] (p 62) 21.04 The 2008 European Commission Progress report further noted that “However people with disabilities do not benefit from adequate public services. Lack of data and research are preventing informed policy-making. Community-based services are not sufficiently developed. Insufficient general medical care and treatment remains a problem in mental health hospitals and rehabilitation centres.” [71d] (p70) 21.05 The Freedom House 2007 ‘Countries at the Crossroads’ report, published 25 September 2007, noted that “In July 2005 a new law on people with disabilities was passed, which added disability to the list of characteristics against which discrimination is punishable under the penal code. The law also promises better access for disabled persons to public areas and services but lacks the sanctioning power that may be required for enforcement.” [62c] 21.06 The Freedom House 2007 report further noted that “The interests of people with disabilities are addressed by the High Council of Disabilities, which brings public officials together with nongovernmental groups. Although the council has admirable aims, the needs of such people continue to exceed the limited services provided. Employers are required to reserve 3 percent of their workforce for employees with disabilities, but discrimination persists. Information about government services and regulations is not readily available in formats accessible to people with disabilities.” [62c] 21.07 The 14th report on the implementation of the European Social Charter submitted by the government of Turkey for the period covering 2004-2006 noted that in regard to the: “Law on Disabled People No. 5378 (Article 14).[That] In recruitment, no discriminative practices can be performed against the disabled people in any of the stages from the job selection to application, selection process, technical evaluation, suggested working periods and conditions. Working disabled people cannot be subjected to any different treatment than the other people with respect to their disability such that it could cause a result which is unfavorable for them… sanctions for discrimination Penal Code (Article 122) Persons found guilty of offence of discrimination shall be sentenced to imprisonment for a term of six months to one year or judicial fine.” [68] 21.08 The 14th report on the implementation of the European Social Charter further noted that “active participation of people with disabilities into the labour market is promoted by quota system both in private and public organizations. In accordance with the Labour Law numbered (No 4857; No discrimination based on language, race, sex, political thought, philosophical belief, religion, sect and similar grounds can be made in the employment relationship) and Civil Servants Law (No. 657-article7; Civil servants; cannot discriminate anyone on the basis of language, race, sex, political thought, philosophical belief, religion or sect when performing their duties), private and government funded agencies and organizations employing at least 50 workers are obliged to employ disabled persons up to 4% (3% in the case of civil servants) of the minimum required number of employees in that agency or organization. Grant System for employing disabled persons has been established based on contribution for employers.” [68] Return to contents Go to list of sources 22 Women Overview 22.01 The UN Human Rights Council: Addendum to the Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Mission to Turkey, 5 January 2007, noted that: “Limited opportunities for women in the region and their limited access to education, employment, information, health services and justice are major constraints to their rights as citizens, potential political power, ability to negotiate the terms of their existence and finding redress for their problems. Local women’s voices must be heard and their initiatives supported. Without a reliable institutional and legal framework guaranteeing their rights and protection, women’s individual and collective resistance can bring fatal consequences.” [20d] 22.02 The UK Foreign and Commonwealth Office (FCO) Human Rights Annual Report 2007, released in March 2008, noted: “Implementation of a satisfactory legal framework tackling violence against women continues, but the issue remains a concern. Lack of accurate data and an overall government strategy have been key obstacles to progress in this area, and the Turkish government has started to take action to address both issues. There have been a number of studies in the areas of women’s participation in the Turkish economy. According to the Turkish Statistic Institute (2005 figures), 69.5 per cent of men and 26.5 per cent of women actively participate in the workforce. The EU average for women is 60 per cent. The number of women entrepreneurs in Turkey is only 12.5 per cent, compared with the EU average of 25 per cent. The UK is supporting a project in this area.” [4g] (p68) 22.03 The European Commission 2008 Progress report, published 5 November 2008, mentions that “Overall, the legal framework guaranteeing women's rights and gender equality is broadly in place. However, further significant efforts are needed. To reduce the gap between men and women in economic participation and opportunity, educational attainment, access to healthcare, and political empowerment. Efforts to prevent honour killings and domestic violence have continued. However, these issues remain a serious problem, and efforts need to be stepped up.” [71d]_(p21)__Return_to_contents__Go_to_list_of_sources_Legal_Rights'>[71d] (p21) Return to contents Go to list of sources Legal Rights 22.04 The Constitution of the Republic of Turkey states: “All individuals are equal without any discrimination before the law, irrespective of… sex… any such considerations. Men and women have equal rights. The State shall have the obligation to ensure that this equality exists in practice. No privilege shall be granted to any individual, family, group or class. State organs and administrative authorities shall act in compliance with the principle of equality before the law in all their proceedings.” [36e] 22.05 The US State Department (USSD) 2007 report on Human Rights Practices, published 11 March 2008, noted that “The law prohibits discrimination based on race, gender, religion, disability, language, or social status; however, problems in implementation of these laws existed. The government and NGOs focused on eliminating societal violence and discrimination against women and minorities, as well as trafficking, but problems continued in these areas.” [5g] 22.06 The Report of the UK Border Agency Fact Finding Mission to Turkey 11 – 20 February 2008, notes that in a written statement, Mr Ahmet Firat, Director General and Zümra Yilmaz, Head of Department – Directorate of EU Coordination, Justice Ministry, made the following comments regarding the legal framework in relation to violence against women: “In recent years, numerous positive steps towards preventing violence against women and protecting the rights of women have been taken. Legal reforms aimed at women and developed with the contribution of public institutions and women’s NGOs have been put into practice. The Family Protection Law No. 4320 came into force in 1998. This law was amended in 2007. Various arrangements were made in the Turkish Civil Code enacted in 2002 and the Turkish Penal Code (TPC) enacted in 2005 with a view to combating violence against women. The Family Protection Law aims to prevent violence, protect victims (women and children, in particular), and punish persons resorting to violence. In this regard, 166 Family Courts were established and 157 of them are currently in operation. Through the amendments made to the Family Protection Law in 2007 the definition of a ‘victim’ was clarified and the scope of the protection provided to victims was expanded. Taking into account that other family members alongside the spouse could also be exposed to violence the provisions of the article were broadened. The scope of the prohibition to use alcohol and drugs and measures imposed on the person resorting to violence as well as the measures to be taken to protect the victim of violence have been broadened.” [59] (S10W) 22.07 The Report of the UK Border Agency Fact Finding Mission includes information regarding Legal Rights for Women obtained from interviews with a number of sources. Mrs Olcay Bas, Head of Department and Directorate General for Women’s Status stated that, in terms of legal avenues of redress available to female victims of human rights violations, the 4320 law on protection of the family was introduced in 1998 and provided women with the necessary legal remedy. Following a series of meetings between public sector organisations and the legal representatives of NGOs, under the co-ordination of the Directorate General on the Status of Women, a Bill to make changes to the law was drafted, which would bring about the removal of some problems in the implementation of the law, which had been widely implemented since the date it came into force. The Bill was passed by the General Chamber of the Turkish Grand National Assembly and came into force on 4 May 2007. [59] (S13.3) 22.08 Women for Women’s Human Rights – New Ways (WWHR) stated that the Penal Code reform of 2004 contained amendments in 35 articles increasing sentences for perpetrators of crimes against women including domestic violence, sexual assault and rape in line with international standards. For example, a perpetrator of a sex abuse crime, if successfully prosecuted, could receive a sentence of 5-20 years. In WWHR’s view, implementation of the new Penal Law would take some time, but some good examples of successful prosecutions under the new law had been documented. More generally, WWHR said that there has been an increasing number of prosecutions of cases relating to domestic violence/sexual assault/honour killings. The change is not dramatic but is noticeable. [59] (S.1.13) 22.09 WWHR said that despite Turkey being a large country physically with limited financial resources, positive developments were being taken forward in the area of women’s human rights and will continue. A legislative framework was in place but the implementation was slow. Also, organisations representing women’s interests had extended to parts of the country where they did not used to be. [59] (S1.16) 22.10 The Report of the UK Border Agency Fact Finding Mission to Turkey 11 – 20 February 2008, also asked Ms Senay Ertem, Head of the Board for Women’s Rights (within the Bar Association), about the legislative framework in place for redress against human rights violations against women. She advised that that new legal mechanisms were in place and implementation was improving slowly. However, the regulations pertaining to law 4320 on protection of the family and its changes had been put into effect immediately, and in this way women and family members who suffered every kind of violence were provided with a direct point of legal protection, allowing them to receive quick responses to their enquiries and applications for protection. [59] (S6.7) 22.11 The CEDAW 32nd Session, January 2005 Based on Shadow Report for Turkey prepared by Women for Women’s Human Rights - New Ways, endorsed by the Turkish Penal Code Women’s Platform, stated that: “One of the most significant amendments in the new Civil Code (adopted by the Parliament in 2001) has been the adoption of the ‘Regime Regarding the Ownership of Acquired Property’ as the de facto property regime governing married couples. This enables the equal sharing of all acquired property during marriage, and as such recognizes the value of the unpaid work of women that goes into the reproduction of daily life of the family.” [95a] 22.12 The Women for Women’s Human Rights (WWHR) website, accessed on 24 August 2008, noted: “The new Civil Code has taken a new approach to the family and to women’s role in the family. The old legal approach, which assigned women a legislatively subordinate position in the family with rights and duties defined in respect to the husband, has been abandoned in favor of one that defines the family as a union based on equal partnership. Consequently, this new concept is also reflected in the language of the new Code. The terms ‘the wife’ and ‘the husband’ are replaced by ‘the spouses’, the new approach to the family is reflected in several changes:
22.13 The Minority Rights Group International (MRG) report on ‘A Quest for Equality: Minorities in Turkey’, published 10 December 2007, stated that: “Defendants are not provided with a competent interpreter, which particularly affects older Kurds and women, who are not fluent in Turkish. Instead, translation is provided by court clerks or anyone present, who may not necessarily be competent to translate legal proceedings... The recognition of the right to public services in minority languages is particularly important for minority women, specially Kurdish women living in rural areas, many of whom are illiterate and/or do not speak Turkish. A study undertaken by the Diyarbakır municipality’s Centre for Research on Women’s Issues, based on interviews with 472 married women in 97 villages, shows that around 80 per cent of these women are illiterate.” [57c] (p19-20) Return to contents Go to list of sources Political participation of women 22.14 The European Commission 2008 Progress report, published 5 November 2008, noted that “There are some notable examples of high-level presence of women in Turkish society in business, academia, the civil service and politics…Political representation of women, at both national and regional levels, is very low. Civil society organisations have submitted proposals to address this issue, in particular with a view to the forthcoming municipal elections scheduled for 2009.” [71d] (p20) 22.15 The EC 2008 Progress report also noted that “A Gender Equality Body and a Parliamentary Committee on Gender Equality have still to be established. Women's civil society organisations have requested the establishment of a fully- fledged committee that could play an essential role in mainstreaming women's issues in all policy areas.” [71d] (p20-21) 22.16 As noted in the UK Foreign and Commonwealth Office (FCO) Human Rights Annual Report 2007, released in March 2008: “Low female participation in representative bodies and the workforce continues, but there is growing public awareness of this issue. The number of women in parliament doubled at the July 2007 election, although it remains at a lower proportion than in any EU country.” [4g] (p68) 22.17 A Turkish Daily News article dated 26 January 2007 ‘Turkish woman’s election to gender equality chair ’meaningful’’, stated that: “It is significant when a Turkish woman (Ankara deputy Gülsün Bilgehan) becomes head of a Council of Europe committee in charge of gender equality and women rights. She was unanimously elected on Monday head of the Parliamentary Assembly of Council of Europe (PACE) committee on equal opportunities for women and men. Few committees at PACE are chaired by Turks but it is particularly meaningful that a Turkish woman was elected to chair a committee dealing with women rights, equality, honor killings, domestic violence, forced marriage and education of girls.” [23j] 22.18 The Turkish Daily News also reported on 26 January 2007 that “Arzuhan Doğan Yalçındağ, yesterday elected chairman of the Turkish Industrialists and Businessmen's Association (TÜSİAD), is the acting CEO of Doğan TV and a Doğan Holding board member. Yalçındağ started her professional life in 1990 in Milpa, founding the company Mail Order with the German firm Quelle. Yalçındağ is one of the founders of the Aydın Doğan Foundation and remains a board member of the institution. She is also a member of the Turkish Education Volunteers Foundation (TEGV), Turkish-American Businessmen's Association, and Turkey Third Sector Foundation, as well as the founding member of the Women Entrepreneurs Association. She is currently lobbying for Turkey in the European Union member countries in her role as the founding president of the ’Women’s Initiative for the European Union.” [23i] Yüklə 1,97 Mb. Dostları ilə paylaş:
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