Will Discrimination Based on Sexual Orientation Continue?
Press statement about our demands for new Penal Law Draft.
We were so delighted when Turkey's Parliamentary Justice Commission voted to alter the “discrimination” clause in the Penal Code to include “discrimination based on sexual orientation” as a crime after the requests from the “Women’s Group for Penal Code”, Kaos GL and Lambda Istanbul. However on July 6, 2004 the Parliamentary Justice decided that discriminating against people based on their sexual orientation does not merit a prison sentence. The current draft of the law does not include lesbians, gays, bisexuals and transgenders in the “equality section” of the code and does nothing to protect their political, social and economical rights.
“Gender Discrimination,” which is part of the current draft, doesn’t include lesbians, gays, bisexuals and transgenders. “Gender” and “Sexual Orientation” are not the same, contrary to the belief of some MPs. Gender describes whether someone is a female or male; their sexual orientation is related to whether someone is homosexual, bisexual or heterosexual. For example, a woman faced with discrimination based on her gender would be protected from such discrimination under the new legislation; but if she is a lesbian the discrimination would remain perfectly legal. International treaties, which Turkey must comply with to gain accession to the European Union, use gender and sexual orientation to differentiate between two different issues.
We are asking Justice Minister Cemil Cicek and members of the Justice Commission to put “discrimination based on sexual orientation” back into the Penal Code draft.
We specifically request that the following be written into the legislation:
DISCRIMINATION:
ARTICLE 124. “Whoever discriminates against someone based on his/her ancestor, gender, family status, tradition, political opinion, philosophical belief, membership to a union, race, religion, denomination or sexual orientation; and denies that person from his/her political, social and economical rights is subject to 6 months to 1-year jail term.”
If this article is approved the way we have proposed it above, the Turkish justice system will not tolerate any form of discrimination and people preventing others from enjoying their rights will be punished. Similar laws exist in developed countries which respect human rights and their criminal codes reflect the same mentality.
Those who discriminate against someone based on his/her ancestor, gender, family status, tradition, political opinion, philosophical belief, membership to a union, race, religion, denomination or sexual orientation will be punished if this article is amended as we proposed.
We demand that the word “exhibitionisms” be removed from ARTICLE 227, which regulates shameful acts. Also ARTICLE 228, which deals with obscenity, is very vague on what is obscene and what is not. We propose that the term “sexual exploitations to be used instead of obscenity. The expression, “unnatural sexual behavior” should also be lifted because it is vague.
OBSCENITY
ARTICLE 228
SECTION (1) and SECTION (2) MUST BE CANCELLED
SECTION (4) Promoting, producing, distributing, selling, storing, sharing or using articles and visual/voice products that include violence while having sex; sex with animals or sex with dead people is subject to a four-year prison term and monetary fine. (The current one also refers to unacceptable forms of sex which has a vague meaning)
SECTION (5) and SECTION (6) MUST BE CANCELLED
We also agree with other requests that the Women’s Group for Penal Code reform demanded.
We were so delighted when Turkey's Parliamentary Justice Commission voted to alter the “discrimination” clause in the Penal Code to include “discrimination based on sexual orientation” as a crime after the requests from the “Women’s Group for Penal Code”, Kaos GL and Lambda Istanbul. However on July 6, 2004 the Parliamentary Justice decided that discriminating against people based on their sexual orientation does not merit a prison sentence. The current draft of the law does not include lesbians, gays, bisexuals and transgenders in the “equality section” of the code and does nothing to protect their political, social and economical rights.
“Gender Discrimination,” which is part of the current draft, doesn’t include lesbians, gays, bisexuals and transgenders. “Gender” and “Sexual Orientation” are not the same, contrary to the belief of some MPs. Gender describes whether someone is a female or male; their sexual orientation is related to whether someone is homosexual, bisexual or heterosexual. For example, a woman faced with discrimination based on her gender would be protected from such discrimination under the new legislation; but if she is a lesbian the discrimination would remain perfectly legal. International treaties, which Turkey must comply with to gain accession to the European Union, use gender and sexual orientation to differentiate between two different issues.
We are asking Justice Minister Cemil Cicek and members of the Justice Commission to put “discrimination based on sexual orientation” back into the Penal Code draft.
We specifically request that the following be written into the legislation:
DISCRIMINATION:
ARTICLE 124. “Whoever discriminates against someone based on his/her ancestor, gender, family status, tradition, political opinion, philosophical belief, membership to a union, race, religion, denomination or sexual orientation; and denies that person from his/her political, social and economical rights is subject to 6 months to 1-year jail term.”
If this article is approved the way we have proposed it above, the Turkish justice system will not tolerate any form of discrimination and people preventing others from enjoying their rights will be punished. Similar laws exist in developed countries which respect human rights and their criminal codes reflect the same mentality.
Those who discriminate against someone based on his/her ancestor, gender, family status, tradition, political opinion, philosophical belief, membership to a union, race, religion, denomination or sexual orientation will be punished if this article is amended as we proposed.
We demand that the word “exhibitionisms” be removed from ARTICLE 227, which regulates shameful acts. Also ARTICLE 228, which deals with obscenity, is very vague on what is obscene and what is not. We propose that the term “sexual exploitations to be used instead of obscenity. The expression, “unnatural sexual behavior” should also be lifted because it is vague.
OBSCENITY
ARTICLE 228
SECTION (1) and SECTION (2) MUST BE CANCELLED
SECTION (4) Promoting, producing, distributing, selling, storing, sharing or using articles and visual/voice products that include violence while having sex; sex with animals or sex with dead people is subject to a four-year prison term and monetary fine. (The current one also refers to unacceptable forms of sex which has a vague meaning)
SECTION (5) and SECTION (6) MUST BE CANCELLED
We also agree with other requests that the Women’s Group for Penal Code reform demanded.
