Legal Framework
According to Part One (General Principles) Article 10 of the Turkish Constitution everyone is equal before the law and discrimination is prohibited on several grounds, including on the basis of sex. However, the constitution does not explicitly protect LGBTQI+ people, as discrimination is not forbidden on the basis of sexual orientation or gender identity.
Türkiye has continued to advance narratives centred on the preservation of societal values by imposing restrictions on transgender individuals (indeed, President Recep Tayyip Erdoğan declared 2025 as the “Year of the Family”, introducing a series of benefits for young couples about to marry and for new parents). This approach is grounded in Article 41 of the Turkish Constitution, which states that “the family is the foundation of Turkish society.” Under this provision, the State of Türkiye is granted the authority to take any measures it deems necessary to protect this foundation and ensure “the peace and welfare of the family, especially the protection of the mother and children.”
Article 90 of the Turkish Constitution stipulates that “international agreements duly put into effect have the force of law”. In case of conflict, international treaties to which Türkiye is a party should take precedence over domestic law. In March 2012, Türkiye became the first country to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which explicitly includes sexual orientation and gender identity as categories of non-discrimination under Art. 4(3). In March 2021, Türkiye withdrew from the Istanbul Convention, on the grounds that the convention “was being used to ‘normalize homosexuality’, and that, as such, it was incompatible with Türkiye’s social and family values ”.
The protection of the rights to freedom of expression and association and the prohibition of discrimination based on sexual orientation are covered by Articles 2(1), 3 and 26 of the International Covenant on Civil and Political Rights and Articles 3, 8, 10, 14 of the European Convention on Human Rights (ECHR), which Türkiye has ratified. Although the LGBTQI+ movement in Türkiye has yet to include marriage equality on its agenda, in light of jurisprudence by the ECHR that protects legal recognition of same-sex couples (see Oliari and Others v. Italy (Applications no.s 18766/11 and 36030/11); and Fedotova and others v. Russia (Applications nos. 40792/10, 30538/14 and 43439/14), Türkiye as a part of the Council of Europe must recognise same-sex couples regardless of whether it is a civil partnership, marriage, or some other form. This recognition is crucial for LGBTQI+ individuals, as it grants access to important social rights and legal protections under state law. However, in practice, Türkiye’s non-compliance with this legal standard is difficult to challenge.
In June 2005, the Turkish Penal Code (2015) was enacted, establishing the principle of equality before the law under Article 3. Article 122 prohibits discrimination, while Article 216 criminalises incitement to hatred based on social class, religion, race, sect, or ethnicity. However, these provisions do not explicitly extend protections to LGBTQI+ individuals. Over the past 20 years, Türkiye has witnessed several high-profile hate speech incidents targeting the LGBTQI+ community.
- The Rainbow Association Incident (August 2006)
On Sunday, 6 August 2006, the Rainbow Association of Bursa announced plans for a pro-LGBTQI+ demonstration. Before the event could take place, approximately 500 counter-demonstrators assembled near the association’s headquarters. The group engaged in hostile behavior, including chanting and throwing stones, which forced the activists to take refuge inside the building for several hours. In response to the unrest, the police cancelled the planned demonstration, citing their inability to guarantee the safety of the participants.
Subsequently, in February 2007, criminal proceedings were initiated against Fevzinur Dundar, who had led the counter-demonstrators. He was charged under Article 216 of the Turkish Penal Code. Despite media coverage documenting Mr. Dundar’s homophobic remarks, the Bursa Criminal Court of First Instance acquitted him, citing insufficient evidence to support the charges.
- Statement by State Minister (March 2010)
In March 2010, Selma Aliye Kavaf, the State Minister responsible for Women and Family Affairs, publicly stated that homosexuality is a “biological disorder” and a “sickness.” Her remarks drew widespread international criticism. Nevertheless, Minister Kavaf declined to retract her statement.
Despite public attention, none of these cases have led to criminal convictions, highlighting a gap in legal protection for LGBTQI+ persons.
Türkiye does not provide protection against discrimination on the basis of sexual orientation, gender identity, or gender expression in employment-related matters. In 2015, the Republican People’s Party presented a bill (No. 2/2751) to the Grand National Assembly to amend the Labour Law and the Turkish Penal Code. The proposed bill aimed to include sexual orientation, gender identity, and gender expression as protected categories against discrimination in employment. Although the bill was reintroduced three times in later legislative sessions, it has not advanced past the committee stage and has yet come into force.
Article 40 of the Turkish Civil Code 2002 enshrines the right to change one’s sex in the official register after sex reassignment surgery. Afterwards, trans persons may apply for a ‘pink card’ reflecting their gender identity. Until 2017, Article 40 also required that the person must be unable to procreate as a requirement to be eligible for sex reassignment surgery. However, the Constitutional Court found that requirement unconstitutional and struck it down (ruling available in Turkish only).
The Civil Code of Türkiye only recognises binary genders and heterosexual marriage. Same-sex partnerships are not legally recognised, and same-sex couples thus do not enjoy the same legal rights as heterosexual married couples, such as tax breaks and inheritance rights. While there is no law allowing or prohibiting adoption for individuals, adoptions by an unmarried couple are not permitted under Article 306, which effectively makes adoption inaccessible to same-sex couples.
Openly homosexual men are indirectly exempted from military service in Türkiye, although the process of proof is a humiliating ordeal for the applicant. Türkiye’s military hospitals still define homosexuality as an illness (deemed a “psychosexual disorder”), taking a 1968 version of a document by the American Psychiatric Association as their guide. Applicants seeking an exemption from military service are required to be assessed by the medical board and deemed to be medically “unfit for military service” under the Turkish Armed Forces’ Health Competency framework as homesexuality is defined as a “psychosexual disorder/illness”. The medical assessment includes a personality test, requiring the production of explicit videos or photos of sexual activity and the requirement of confirmation of sexuality from a relative of the applicant.
As of 2025, Türkiye hosts over 3 million refugees and asylum seekers from neighbouring countries. However, Türkiye maintains a geographical limitation to the applicability of the Refugee Convention under Article 1 (B) whereby it is not obligated to apply the Convention to refugees from outside Europe, making them ineligible for refugee status. Consequently, UNHCR is responsible for their protection.
While LGBTQI+ applicants qualify for UNHCR protection as “members of a particular social group” under Article 10 of the recast Qualification Directive, they often face criminalisation and a hostile environment that significantly hinders their ability to seek asylum and protection. In M.F. v. French Office for the Protection of Refugees and Stateless Persons, the National Court of Asylum (CNDA) in France granted refugee status in November 2022 to a Turkish national who demonstrated a well-founded fear of persecution due to their sexual orientation. The court acknowledged that, while same-sex relations are not explicitly criminalised under Turkish law, general legal provisions are frequently applied to target and prosecute individuals perceived to be homosexual, as well as members of the broader LGBTIQ community.
Law on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu, only available in Turkish) (LFIP) entered into force which brings Turkish legislation into accordance with EU standards. LFIP required codification of most of the national laws on foreigners and the legal regulations on asylum and migration. It should be noted that implementing Regulations on the LFIP (2016) did not provide any clarification on the assessment of applications with regard to sexual orientation, gender identity, or gender expression. There is no framework for how immigration experts should conduct interviews for status determination and how biases regarding gender, sexual orientation, gender identity, or intersex conditions (etc.) may influence the assessment process.
For more detailed information on the protection of LGBTQI+ rights in Türkiye, visit the Türkiye ILGA World Database.
Family life
Although same-sex couples do not have the right to marry, the first symbolic same-sex marriage took place on a ferry in Istanbul on 2 September 2014. Following the marriage, the couple faced significant backlash including death threats, job loss and eviction. Since adoption of children is only open to married couples or certain individuals, this effectively prevents same-sex couples from being permitted to adopt in Türkiye. The Turkish government has also intervened in the adoption of Turkish children outside of Türkiye to same-sex couples.
Transgender rights
Istanbul has the largest population of transgender individuals in Türkiye. A transgender neighbourhood had formed in the Tarlabasi district of Istanbul, a neighbourhood known for its open-mindedness. However, a renewal of land projects nearby, such as the Cabinet decision 2006/10172, published in the Official Gazette 28 March 2006 which grants local authorities special powers to gain possession of the buildings, has led to the displacement of such transgender communities where they could previously reside without facing harassment. Often the compensation received by transgender homeowners in the affected areas is minimal.
While Transgender individuals are not eligible to work in regulated state-run brothels in Türkiye (where sex work is legal), there have been some instances where transgender rights have been protected. For example, in January 2015, a Turkish bath owner was fined the equivalent of 1,245 USD for refusing entry to a transgender woman on the grounds of discrimination – which is believed to be the first time that Article 122 of Turkish Criminal Law has been used to protect the rights of transgender individuals.
Discrimination in the workplace and access to services
LGBTQI+ refugees experience negative and xenophobic reactions when accessing healthcare, in the workplace (often in industries with heavy working conditions), and from neighbours or housing providers, as has been presented by reports by human rights foundations and LGBTQI+ organisations. Furthermore, LGBTQI+ refugees in Türkiye face violence and harassment by the local population. The Kaos Gay and Lesbian Cultural Research and Solidarity Association (KAOS GL) found that refugees in Türkiye who fled due to discrimination and violence on account of their sexual orientation, gender identity and intersex conditions were found to experience the same exposure in Türkiye in addition to xenophobia due to their refugee status.
According to Amnesty International, state officials often target LGBTQI+ individuals due to their sexual orientation, and the harassment causes difficulties in accessing public services such as support for housing and work. In 2019, it was reported that a serving police officer was suspended from duty for being in a relationship with another man, which came to light when the police officer was jailed for an act of sexual violence. In addition, blood donations from LGBTQI+ persons are not accepted by the Turkish Red Crescent as they are ranked as a risk group.
According to a report submitted to the Human Rights Committee there have been a series of human rights violations of LGBTQI+ people in Türkiye which is reflected in public statements by Turkish state officials. In 2022 and 2023, the Radio and Television Supreme Council approved promotional videos for anti-LGBTQI+ marches as public service advertisements and advertisements have presented LGBTQI+ persons as a “virus”. And in a televised broadcast in 2023, President Erdoğan stated that “LGBTI is a poison injected into the institution of the family”.
Violence against the LGBTQI+ community
In 2022 Out Leadership gave Türkiye a 4 out of 10 “LGBT Business climate score”, based on ten independently verifiable indicators of the legal, cultural and business context for LGBTQI+ individuals (with ten being positive and zero being negative).
According to several reports on Human Rights Violations Based on Sexual Orientation and Gender Identity, there have been a number of hate crimes committed against the LGBTQI+ community in Türkiye such as violence on and murders of LGBTQI+ individuals and attacks on Pride marches in Istanbul. These are also highlighted in detail in the ILGA Europe Annual Review 2013. A review conducted in 2019 found that the majority of hate crimes took place in public places, in front of witnesses. Half of the witnesses did not react and one quarter were found to be in favour of the attackers. The Stockholm Center for Freedom writes that there was a sharp increase in hate-fuelled attacks between January 1 and September 1, 2024, according to a report published by the Turkish Human Rights Foundation.
LGBTQI+ persons reported to Amnesty International that they have no faith in the protection mechanism from the authorities and find that crimes based on sexual orientation and gender identity are not prosecuted. In 2008, Ahmet Yıldız was killed by his father Yahya Yıldız, who did not accept his homosexuality. The case is discussed by the media as the first honour killing in Türkiye based on homophobia. However, this assessment should not distract from the fact that many others have died without the public taking notice. In 2011, Fevzi Cetin handed himself over to the police for killing his transgender brother Ramazan Cetin and in July 2012, Rosin Cicek was murdered by his father and two uncles due to his sexual orientation. The case of Ahmet Yıldız shows the state’s failure to respond to violence based on an individual’s sexual orientation or gender identity. Ahmet Yıldız had previously filed a criminal complaint requesting protection, given the threats from his family members, which was ignored by the authorities.
The LGBTQI+ community also experiences police violence, in particular in June 2025 when the community attempted to hold a Pride parade in Istanbul (Pride parades have been banned since 2015). The 2025 pride march was banned and 50 demonstrators were arrested. In 2023, Police intervened in the banned Istanbul Pride march in June 2023, arresting more than 100 people.
Government attitudes
Türkiye’s government has stated it “does not recognise LGBT” and has labelled the community as “deviants”. In a speech in January 2025, LGBTQI+ was described as a “battering ram” against “the sanctity of the family”. Furthermore, judicial proceedings are frequently used against the LGBTQI+ community, partly due to Türkiye’s broad interpretation of terrorism laws. The Directorate of Religious Affairs (Diyanet) gave a sermon on 10 January 2025, referring indirectly to the LGBTQI+ community, by referencing “desexualisation” as being “one of the greatest threats facing humanity”. The LGBTQI+ community in Türkiye is increasingly the target of discrimination, intimidation and violence, said the European Commission in its 2023 Enlargement Package.
In January 2024, the Constitutional Court revoked the Ministry of Interior’s power to appoint trustees to associations and suspend their operations under legislation aimed at preventing the financing of weapons of mass destruction. However, public funding for Civil Society Organisations (CSOs) remains extremely limited and is distributed without clear transparency. High tax burdens further restrict the ability of foundations and associations to function and expand. Discrimination, hate speech, and social stigmatisation against LGBTQI+ individuals and women’s rights activists remain widespread. CSOs receiving international funding are subjected to frequent audits. There is still no effective framework to ensure independent organisations are involved in the legislative and policy-making process. To allow civil society in Türkiye to function properly, the political, legal, financial, and administrative barriers restricting their work need to be dismantled.
Pride demonstrations in Türkiye
Celebration of pride in Türkiye in 2024 was limited due to bans on gatherings, and, according to Amnesty International, there was violence against protesters and public vilification by authorities which was stated to reflect pride restrictions that were put in place in previous years (since 2015). Anti-LGBTQI+ rallies, on the other hand, have received state support in Türkiye.
- Constitutional Court rules in favour of LGBTQI+ activist Efruz Kaya, June 2024
In 2024 Türkiye’s Constitutional Court ruled in favour of LGBTQI+ activist Efruz Kaya, declaring that a lower court’s refusal to block homophobic content targeting her was a violation of her rights. This was the first ruling regarding the failure to prevent hate speech against LGBTQI+ individuals. After participating in a “Trans Day of Remembrance” video in 2019, Efruz Kaya was targeted by news outlets, which used derogatory terms like “LGBT pervert” and “homosexual deviant”. The court ruled that these reports infringed her rights protected under Article 8 of the ECHR and approved Kaya’s request to block the reports. Additionally, it concluded that the lower court’s refusal violated her right to an effective remedy. - SOLMAZ v. Turkey, Application no. 49373/17, European Court of Human Rights, 13 February 2018
This case concerns the failure of Turkish authorities to adequately recognise and sanction discrimination based on gender identity or expression. Reports confirm that transgender individuals face significant disadvantages in various aspects of life, including access to services, employment, and healthcare. The case highlights the need for stronger legal protections for transgender rights and the alignment of Türkiye’s anti-discrimination laws with international human rights standards. - KAOS GL v. Turkey, Application no 4982/07, European Court of Human Rights, 22 November 2016
This case concerns the seizure of the LGBTQI+-magazine KAOS GL. The authorities prosecuted the editor, claiming that the publication was obscene according to the Turkish Criminal Code. However, the applicants argued that their rights to freedom of speech and prohibition of discrimination were being violated under Article 10 and 14 of the ECHR. - Y.Y. v. Türkiye, Application no. 14793/08, European Court of Human Rights, 10 March 2015
In this case, the applicant, a transgender man registered as “female” in the civil registry records, sought court authorisation for gender reassignment surgery under Article 40 of the Turkish Civil Code. His request was repeatedly denied because he was not permanently unable to procreate—a statutory requirement during that time in Türkiye. The European Court of Human Rights held that this refusal violated Article 8 of the Convention (right to respect for private life). The Court found the infertility requirement unnecessary and disproportionate, emphasising that gender identity is a core aspect of personal autonomy. Ultimately, Türkiye breached the applicant’s rights by denying access to surgery for over five years. This ruling of the European Court of Human Rights has been seen as a factor in the Constitutional Court of Türkiye’s annulment of the requirement of permanent inability to procreate. - RRT Case No. 1208496, [2012] RRTA 1144, Australia: Refugee Review Tribunal, 24 December 2012
This is the case of a gay applicant for asylum in Australia who had been subjected to serious assault on him and his partner by the community, police officers, family and friends in Türkiye. The Tribunal was satisfied with the credibility of the evidence proving his sexual orientation and found that the applicant would not be safe in any area of Türkiye if returned. Thus, the Tribunal granted the applicant protection under the Refugee Convention. - X v. Turkey, Application no. 24626/09, European Court of Human Rights, 9 October 2012.
This is a case about a homosexual prisoner who was kept in isolation for nearly a year, allegedly in order to protect other inmates. The ECtHR ruled that Article 3 ECHR was violated. This was the first time in ECHR history that Article 3 was used in relation to discrimination based on sexual orientation.
Organisations supporting the LGBTQI+ community
Website
Address: Gümüşsuyu Mah. Ağa Çırağı Sokak No:7 Pamir Apt. Daire:3 34437 Gümüşsuyu – Beyoğlu – İstanbul
Tel: +90 212 292 68 42 – 43
Email: iletisim@hyd.org.tr
Opening hours: 10 AM to 6 PM
The Citizens’ Assembly organises activities, symposia, seminars, workshops, panels and meetings at local, national and transnational levels, issues publications, cooperates with civil society organisations, initiatives, think-tanks and academic communities working on similar issues and develops contacts with public institutions at different levels.
Website
Address: Braće Grim 26, 11108 Beograd, Serbia
Email: office@lgbti-era.org
ERA is the regional umbrella network of organisations working for the equality, safety, and well-being of LGBTQI+ people across the Western Balkans and Türkiye. Their 80+ member organisations join forces to strengthen the movement and advance human rights.
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X
Youtube
Tel: +90 232 464 03 30
Email: dernek@genclgbti.org
Genç LGBTİ+ Derneği is an organisation dedicated to supporting LGBTQI+ youth across Türkiye. The association works to address the challenges faced by LGBTQI+ individuals, offering services such as legal assistance, psychological support, and advocacy. The organisation promotes LGBTQI+ rights and raising awareness about the importance of equality and inclusion. Additionally, Genç LGBTİ+ Derneği fosters social integration and community connections for young people experiencing isolation and discrimination.
Website
Tel: +90 216 759 51 95
Email: info@hevilgbti.org
Hevi LGBTI+ was founded in 2013 by lesbians, gays, bisexuals, trans,’ and intersexuals. The organisation believes that policies must be approached within a broad political framework and treats class, ethnicity, sexism, rights of refugees and migrants, freedom of humans and nature as inseparable parts of LGBTQI+ politics.
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X
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Address: Tunus PTT, PK 12, Kavaklıdere-Ankara
Tel: +90 312 230 6277
bilgi@kaosgldernegi.org
Kaos GL has been providing legal assistance to the LGBTQI+ community since 2007. Kaos GL actively monitors and engages in human rights activities, focusing on refugees and migrants. This support includes both social and legal services for LGBTQI+ individuals who transit through Türkiye as a key country of passage.
Website
Address: GMK Bulvarı 29/12, Kızılay, Ankara
Tel: +90 850 244 1275
Email: info@kirmizisemsiye.org
Kırmızı Şemsiye (Red Umbrella) is a Turkish non-governmental organisation dedicated to supporting marginalised communities, including sex workers, refugees, and LGBTQI+ individuals. As an official partner of UNHCR, the organisation works to ensure the protection, rights, and well-being of these groups.
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Email: lambda@lambdaistanbul.org
Lambda Istanbul is a LGBTQI+ rights organisation located in Istanbul. The organisation supports LGBTQI+ refugees, and advocates for issues concerning LGBTQI+ rights. On their website, they have a list of organisations that provide direct advice.
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X
Tel: Arsham Parsi : +1 (416) 985 74 56 / Consulting : +1 (647) 937 22 48 / Resettlement : +1 (647) 937 05 38 / Welcoming and Resettlement : +1 (647) 937 02 63
Email: contact@marjanfoundation.org
The Marjan Foundation is a non-profit organization focused on supporting refugees and LGBTQ+ individuals, particularly from Iran, who are fleeing persecution due to reasons such as sexual orientation, religious beliefs, and political views. They work to provide private sponsorship for refugees, helping them relocate to Canada and improve their living conditions. The foundation collaborates with organizations like the UNHCR to enhance opportunities and offer financial, legal, and educational support to those in need.
Website
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X
Tel: +90 216 418 10 61 / Assistance: 0216 418 10 61 / Support Line: 0216 418 10 61
Email: info@pozitifyasam.org
Opening hours: Monday to Friday, 9AM to 1PM, 2PM to 6PM
The Positive Living Association (Pozitif Yaşam Derneği) is a leading non-governmental organisation in Türkiye, established with the aim of supporting individuals affected by HIV/AIDS. The organisation is dedicated to raising awareness, providing education, and combating stigma and discrimination associated with HIV/AIDS. Through its programs and advocacy, Pozitif Yaşam seeks to enhance the quality of life for people living with HIV (PLHIV) and their families.
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Email: info@rainbowrailroad.org
Address: 401 Richmond Street West, Suite 236, Toronto, ON M5V 3A8, Canada
Rainbow Railroad is an international non-profit organisation dedicated to helping LGBTQI+ individuals who face persecution and violence due to their sexual orientation or gender identity. The organisation aims to provide safe pathways for those at risk to escape their countries to safer places, offering legal and advisory support to help them secure international protection.
The Rainbow Association Against Discrimination is the largest platform where LGBTQI+ associations in Türkiye have come together. The association, which has its roots in the platforms and networks formed by LGBTQI+ organisations to act together, aims to improve the capacities of LGBTQI+ associations.
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Last updated March 2026
