Legal Framework

According to Article 10 of the Turkish Constitution everyone is equal before the law and discrimination is prohibited on several grounds. However, the constitution does not explicitly protect LGBTI people from discrimination on the basis of sexual orientation and gender identity. In recent years the government has been pushed to include sexual orientation within the scope of Art. 10. The term was included in an early draft of an anti-discrimination bill in Parliament in 2005, but ultimately dropped.  

Article 90 of the Constitution stipulates that ‘international agreements duly put into effect have the force of law’. In case of conflict, international treaties to which Türkiye is 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, 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 Turkey’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, which Türkiye has ratified. Türkiye has signed but not ratified Protocol No. 12 to the European Convention on Human Rights. Article 1 of the Protocol stipulates freedom from discrimination and obliges public authorities not to discriminate. Moreover, Türkiye has obligations under the International Covenant of Economic, Social and Cultural Rights. General Comment 20 prohibits discrimination on grounds of sexual orientation and gender identity.  Considering the specific international obligations to which Türkiye is bound, it follows that the government should theoretically include the protection of LGBTI persons under Article 90 of its Constitution or equivalent domestic provisions.

In June 2005, the new Turkish Penal Code came into force. Equality before the law is enshrined in Article 3 of the Turkish Penal Code. Discrimination is banned under Article 122 of the Penal Code, and Article 216 of the Penal Code prohibits provocation to hatred based on social class, religion, race, sect, or ethnicity. However, LGBTI persons are not given specific protection. Although same-sex sexual activity is legal in Türkiye, Article 225 and 226 of the Penal Code on ‘obscenity’ and ‘indecent behaviour’ have been used regularly by prosecutors and judges against LGBTI persons.  Due to the unclear criteria of the wording ‘unjust act’ in Article 29 of the Turkish Penal Code, judges have repeatedly used Article 29 for reducing the sentences of the individuals who have been found guilty of killing LGBTI persons.

Homosexual men are exempted from military service in Türkiye. According to the 2013 Accession Report on Sexual Orientation and Gender Identity, the Medical Competence Regulation in Türkiye still refers to homosexuality and trans identity as illnesses.

Article 40 of the Turkish Civil Code 2002 provides transgender people the right to change their sex in the official register after sex reassignment surgery. Afterwards, trans persons can apply for a pink card reflecting their self-identified gender. However, same-sex relationships are not legally recognized, making it difficult for same-sex couples to enjoy the same legal rights as different-sex married couples, such as tax breaks and inheritance rights.

Every year Türkiye receives large numbers of LGBTI refugees and asylum seekers from Iran, Afghanistan, and other neighbouring countries. However, Türkiye maintains a geographical limitation to the applicability of the Refugee Convention, making them ineligible for refugee status. Consequently, UNHCR is responsible for their protection. Asylum-seekers have to demonstrate that they belong to the ‘particular social group’ of LGBTI persons and that they are persecuted on this ground, both of which are difficult to prove. Asylum-seekers who are being persecuted for reasons related to their sexual orientation or gender identity who want to seek asylum in European and North American countries often have to wait in Türkiye for months or even years before being able to submit their application.

In 2013 an important step took place towards the protection of asylum seekers with the adoption of the ‘Law on Foreigners and International Protection‘ (Yabancılar ve Uluslararası Koruma Kanunu). If Türkiye were to recognise sexual orientation in its constitution then this law could also protect LGBTI foreigners. 

For more detailed information on the protection of LGBTQI+ rights in Türkiye, visit the Türkiye ILGA World Database.

Although same-sex couples do not have the right to marry, the first same-sex marriage in Turkey occurred in Istanbul on 2 September 2014.

According to Amnesty International, government officials often target individuals from the LGBTQIA+ community due to their sexual orientation, causing harassment that creates difficulties in accessing public services such as housing and employment support. Amnesty International Report. Additionally, the Turkish Red Crescent does not accept blood donations from gay men, as they are classified as a high-risk group for blood donations. Read the Turkish Red Crescent’s stance. According to a report submitted to the Human Rights Committee, there has been a series of human rights violations against individuals from the LGBTQIA+ community in Turkey, including a statement from the Minister of State for Women and Family Affairs in March 2010, calling homosexuality a “biological disorder” and a “disease.” Human Rights Committee Shadow Report 2012.

Istanbul has the largest number of transgender women in Turkey, and authorities have gradually forced transgender women out of certain areas using urban renewal projects, such as Cabinet Decision 2006/10172, published in the Official Gazette on 28 March 2006. This decision grants local authorities special powers to seize buildings. Cabinet Decision 2006/10172.

A report titled “Safe Haven?” published by Helsinki Citizens’ Assembly and ORAM, indicates that LGBTQIA+ refugees in Turkey face violence and discrimination in the workplace, lack of access to healthcare, barriers to social assistance, and hostile educational environments. Additionally, LGBTQIA+ refugees in Turkey face violence and harassment from local residents. Unsafe Haven Report.

According to several reports on human rights violations based on sexual orientation and gender identity, a number of hate crimes have been committed against the LGBTQIA+ community in Turkey. These crimes were highlighted in detail in the 2013 ILGA Europe Annual Report. Individuals from the LGBTQIA+ community have reported to Amnesty International that they do not trust the authorities’ protection mechanisms and find that crimes based on sexual orientation and gender identity are not prosecuted. In 2008, Ahmet Yıldız was murdered by his father, Yahya Yıldız. The media referred to the case as “Turkey’s first gay honor killing,” but this should not divert attention from the fact that many others have died unnoticed by the public. The case of Ahmet Yıldız highlights the state’s failure to respond to violence based on sexual orientation or gender identity. Ahmet Yıldız filed a criminal complaint requesting protection due to threats from family members, but the authorities ignored it. ILGA Europe Annual Report 2013.

Additionally, violations of human rights based on sexual orientation and gender identity have been documented in a report available here.

 

2008 Human Rights Watch report provides detailed accounts of homophobic violence and discrimination by police officials.  Gay men suffer repeated harassment. Lesbian and bisexual women fear family violence in reaction to their alleged violation of ‘honour’ and ‘custom’. Transgender people experience state violence, abuse, and harassment, as emphasized in a report on Human Rights Violations Based on Sexual Orientation and Gender Identity. Undercover police officers belonging to the Balyoz (Hammer) Team behave violently towards transgender individuals.

There are a number of NGOs supporting LGBTI persons in Türkiye. The Helsinki Citizens Assembly is the leading NGO on issues concerning LGBTI asylum-seekers and refugees in Türkiye. Kaos GL (Kaos Gay and Lesbian Cultural Researches and Solidarity Association) is a Turkish LGBT rights organization based in Ankara. The organisation provides legal assistance to LGBT asylum seekers and helps in promoting the rights and informing the public about issues related to LGBT rights. Lambda Istanbul is an LGBT rights organization located in Istanbul. The organisation  supports LGBT migrants and asylum seekers, and advocates for issues concerning LGBT rights. LGBTI News Turkey is a group of volunteer translators dedicated to providing English translations and sources on lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues in Türkiye for journalists, activists, scholars, and the general public.

Halat v. Turkey, Application No. 23607/08, Council of Europe: European Court of Human Rights, 8 Nov 2011. This is a case about a trans woman who suffered physical and psychological abuse by a police officer. After eight years of judicial proceedings the judges ruled that Article 3 of the European Convention on Human Rights (ECHR) was violated in regards to ineffective investigation carried out by the investigative officers.

X v. Turkey, Application No.24626/09, Council of Europe: 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 European Court of Human Rights 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.

MS (Risk – Homosexual) Turkey v. Secretary of State for the Home Department, CG [2002] UKIAT 05654, United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority, 6 December 2002This appeal was dismissed and the appellant returned to Türkiye. The Tribunal found that there may be a risk of discrimination but no real threat of persecution to the appellant when returned to Türkiye, despite the evidence that the police subjected him to rape. This case is no longer regarded as providing country guidance.

RRT Case No. 1208496, [2012] RRTA 1144, Australia: Refugee Review Tribunal, 24 December 2012This is the case of a gay applicant subjected to serious assault on him and his partner by the community, police officers, family and friends, forcing them to flee to Australia. 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.  

Erduran v. Canada (Minister of Citizenship and Immigration) , 2011 FC 1287, Canada: Federal Court, 10 November 2011 This is the case of a Turkish citizen who claimed protection on several grounds. Firstly, he feared persecution due to his refusal to join the military service in Türkiye. Secondly, he feared persecution due to his sexual orientation, and thirdly due to his Kurdish identity.

KAOS GL v. Turkey, Case No 4982/07, Council of Europe: European Court of Human Rights This case concerns the seizure of the LGBT-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 European Convention on Human Rights. In addition, University of California Berkeley School of Law and Human Rights Watch intervened to raise concerns regarding the obligations of states to protect the rights of LGBTI people in accordance with Article 10 of the ECHR.

Non-Governmental Organizations (NGOs)

Country of Origin experts in LGBTQI+ rights​

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Address: GMK Bulvarı 29/12 Kızılay
Phone: +90 312 230 0358

Address: GMK Bulvarı 29/12 Kızılay
Phone: +90 312 230 0358
Email: Refugee@kaosgl.org
Contact Person: Hayriye Kara

Kaos GL has been providing legal assistance to the LGBTQ+ 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 LGBTQ+ individuals who transit through Turkey as a key country of passage. As part of this programme, Kaos GL provides legal aid in cooperation with UNHCR and the Directorate General of Migration Management. Furthermore, within its advocacy efforts, Kaos GL maintains communication and cooperation with NGOs, national and international organisations working in the fields of migration and human rights.

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Phone: 0216 418 10 61
Email: info@pozitifyasam.org
contact page

Working hours:
Monday to Friday:
9:00 AM – 1:00 PM
2:00 PM – 6:00 PM

About the Organization
The Positive Living Association (Pozitif Yaşam Derneği) is a leading non-governmental organization in Turkey, established with the aim of supporting individuals affected by HIV/AIDS. The organization is dedicated to raising awareness, providing education, and combating stigma and discrimination associated with HIV/AIDS. Through its comprehensive programs and advocacy, Pozitif Yaşam seeks to enhance the quality of life for people living with HIV (PLHIV) and their families.
Services Provided
Pozitif Yaşam offers a wide range of services to support individuals and communities, including:
Psychological Support
Individual counseling for PLHIV and their families.
Group therapy sessions and mental health resources.
Legal Assistance
Guidance on legal rights and protections for PLHIV.
Advocacy for anti-discrimination policies.
Medical Support and Referrals
Access to healthcare professionals and HIV treatment options.
Partnerships with medical institutions to ensure continuous care.
Education and Awareness Campaigns
Workshops, seminars, and public awareness programs about HIV prevention and treatment.
Educational materials for schools, workplaces, and community groups.
Social Support Programs
Assistance with social integration and combating isolation.
Networking opportunities for individuals to connect with others who share similar experiences.

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Address:GMK Bulvarı 29/12, Kızılay, Ankara, Turke

General Contact:

contact page

Email: info@kirmizisemsiye.org
Phone: +90 850 244 1275
Refugee Support Line:

Email: refugeesupport@kirmizisemsiye.org
Phone: 0850 888 0539
Social Service Consultation Line:

Email: sosyalhizmet.danisma@kirmizisemsiye.org
Phone: 0539 822 32 30
Peer Counselling Line (Body Adaptation Process):

Email: cs.danisma@kirmizisemsiye.org
Phone: 0545 347 57 27
Legal Counselling Line:

Email: ics.danisma@kirmizisemsiye.org
Phone: 0534 010 95 98
Sexual Health Counselling Line:

Email: cs.danisma@kirmizisemsiye.org
Phone: 0545 347 57 27

Kırmızı Şemsiye (Red Umbrella) is a Turkish non-governmental organization dedicated to supporting marginalized communities, including sex workers, refugees, and LGBTQIA+ individuals. As an official partner of the United Nations High Commissioner for Refugees (UNHCR), the organization works to ensure the protection, rights, and well-being of these vulnerable groups.

Kırmızı Şemsiye provides a range of services, including legal assistance to defend individuals’ rights, psychological counseling to support mental health, and social services to aid in community integration. The organization also offers material assistance, distributing essential goods such as food, clothing, and hygiene kits to those in need.

In addition to direct support, Kırmızı Şemsiye plays a significant role in resettlement efforts for refugees and asylum seekers, assisting them in navigating complex systems in coordination with UNHCR. The organization is also committed to promoting human rights through advocacy campaigns and public education to challenge stigma and discrimination.

Operating across Turkey, Kırmızı Şemsiye collaborates with local and international partners, ensuring a broad impact through community outreach programs. The organization also works with other NGOs, governmental bodies, and human rights organizations to create sustainable solutions for the challenges faced by marginalized populations.

We are not currently listing any specialists in the country of origin in Turkey, but we welcome suggestions.

 
 

Türkiye Legal Assistance

Find organisations providing legal assistance to refugees in Türkiye.

Türkiye COI

Find Türkiye Country of Origin information (COI) experts, reports, commentaries, and relevant documents. 

We are always looking to expand the resources on our platform. If you know about relevant resources, or you are aware of organisations and/or individuals to include in our directories, please get in touch.

Last updated June 2023

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