10 October 2004

EU Accession Report on Turkey and Discrimination on the Basis of Sexual Orientation

The 2004 Regular Report on Turkey’s Progress Towards Accession, which was published on October 6, 2004, is addressing various problems of Turkey including discrimination on the basis of sexual orientation.

In ''Human Rights and Protection of Minorities'' part, the report explains various reforms and legal arrangements including the abolition of death penalty. It informs about the new Turkish Penal Code and says Turkey approved many international agreements on that area. However it also addresses the problems of the minorities facing discrimination on the basis of various reasons including sexual orientation.

Excerpts from The 2004 Regular Report on Turkey’s Progress Towards Accession:

1.3 Human rights and the protection of minorities
As regards the fight against discrimination, progress since 1999 has been limited. However, the new Penal Code criminalises discrimination on various grounds, including, gender, ethnicity, race, religion, marital status, political ideas, philosophical beliefs and trade union membership. Additional Protocol No.12 to the ECHR on the general prohibition of discrimination by public authorities has not been ratified. Despite the adoption of a new Labour Law in 2003, which recognises the principle of equal treatment in employment, Turkey still lacks legislation against discrimination on the basis of all prohibited grounds, such as racial and ethnic origin, religion or belief, age, sexual orientation and disability (see also Chapter 13 – Social policy and employment).

Chapter 13: Social policy and employment
The acquis in the social field includes minimum standards in areas such as labour law, equal treatment of women and men in employment and social security, and health and safety at work. Specific binding rules have also been developed in public health (on tobacco control and surveillance and control of communicable diseases) and recently also with respect to non-discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation.

End of Chapter 13: Social policy and employment
Turkey should further pursue its efforts, particularly in areas related to labour law, gender equality, anti-discrimination, social dialogue and social protection. Progress is needed to improve the health status of the population, which is well below the EU average, and financial resources devoted to health need to be increased. Turkey should continue its efforts to develop a national employment strategy in line with the European Employment Strategy, and promoting social inclusion should be considered as a priority. Above all, the main challenge for Turkey in this chapter is related to the full implementation and enforcement of the acquis on the ground. Turkey must concentrate efforts on this as a matter of priority. Strengthening of administrative capacity should continue.

If the European Commission's recommendation is approved by the 25 EU leaders at a December 17, 2004 summit, entry talks for European Union membership could begin in early 2005, capping years of lobbying by Turkish leaders who say Turkey could form a bridge between Muslim countries and Europe.