New Turkish Penal Code Approved, No Gains for Turkish LGBT Community
The Turkish Grand National Assembly approved the Turkish Penal Code draft on September 26, 2004 Sunday, and made it into a law. Although there are important changes made in the Penal Code, there is no reference about discrimination based on sexual orientation.
The new law, which amends Turkey's 78-year-old penal code, is the last legal reform to align Turkish legislation with basic European Union political norms. The new penal code expands freedom of expression, grants greater individual freedoms and increases penalties for rights abusers and torturers.
However there is no gain for the Turkish LGBT community. The article on discrimination doesn’t give any reference on discrimination against gays and lesbians. Leading Turkish LGBT organizations Kaos GL and Lambda Istanbul previously demanded ‘sexual orientation’ to be added to the discrimination article. They also marched in front of the Turkish Parliament with women right groups on September 15, 2004 to protest the legislation.
On January 29, 2004 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. Turkish LGBT activists praised the legislation that would result in criminal charges against a person who refuses anyone service, housing or employment on the basis of sexual orientation. If the law had passed, Turkey could have became the first predominantly Muslim country to pass such a law. But on July 6, 2004 The Parliamentary Justice Commission took up the discrimination clause and decided to replace it with the discrimination clause that exists in the Constitution. According to the Article No.10 of the Turkish Constitution, discrimination based on language, race, skin color, gender, political opinion, religion, denomination and similar reasons is prohibited but it does not directly refer to sexual orientation.
President Ahmet Necdet Sezer now has to ratify the law, which is due to take effect on April 1, 2005.
The new law, which amends Turkey's 78-year-old penal code, is the last legal reform to align Turkish legislation with basic European Union political norms. The new penal code expands freedom of expression, grants greater individual freedoms and increases penalties for rights abusers and torturers.
However there is no gain for the Turkish LGBT community. The article on discrimination doesn’t give any reference on discrimination against gays and lesbians. Leading Turkish LGBT organizations Kaos GL and Lambda Istanbul previously demanded ‘sexual orientation’ to be added to the discrimination article. They also marched in front of the Turkish Parliament with women right groups on September 15, 2004 to protest the legislation.
On January 29, 2004 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. Turkish LGBT activists praised the legislation that would result in criminal charges against a person who refuses anyone service, housing or employment on the basis of sexual orientation. If the law had passed, Turkey could have became the first predominantly Muslim country to pass such a law. But on July 6, 2004 The Parliamentary Justice Commission took up the discrimination clause and decided to replace it with the discrimination clause that exists in the Constitution. According to the Article No.10 of the Turkish Constitution, discrimination based on language, race, skin color, gender, political opinion, religion, denomination and similar reasons is prohibited but it does not directly refer to sexual orientation.
President Ahmet Necdet Sezer now has to ratify the law, which is due to take effect on April 1, 2005.
