| SO | Sexual orientation |
|---|---|
| GI/E | Gender identity/expression |
| SC | Variations of sex characteristics |
| GR1 | Legal gender recognition without self-determination |
| GR2 | Legal gender recognition with self-determination (over 16) |
| GR3 | Legal gender recognition with self-determination (under 16) |
| FPN | LGBTI focal points network |
| CA | Ministerial call to action |
In 2016, Turkey adopted its first Anti-discrimination law — the Law on the Human Rights and Equality Institution of Turkey. This law prohibits both indirect and direct discrimination, segregation, and harassment, and includes a specific ban on discrimination in the context of education. Article 10 of the Turkish Constitution also provides a non-exhaustive list of areas where discrimination is not tolerated, such as against the disabled. However, both of these laws are purposefully limited in scope, and exclude protection on the basis of sexual orientation, gender identity and expression, or variations in sex characteristics. According to an LGBTI Equal Rights Association for Western Balkans and Turkey report, another anti-discrimination draft law is being drafted, but the provisions related to sexual orientation and gender identity protections from its earlier editions have recently been deleted.
There are no national policies or action plans that specifically address homophobic, biphobic, transphobic or interphobic bullying or promote LGBTQI inclusion. While there are LGBTQI NGOs in Turkey, and some studies carried out in this area, the policies do not specifically pay attention to violence perpetrated against the LGBTQI community.
Rather than protecting the LGBTQI community from discrimination under the education system, public authorities regularly dismiss LGTBQI teachers under the vague concept of “public morality”. If behaviour within, or even outside, the classroom (such as in the privacy of one’s home) is deemed “impure” or “immoral,” it can result in a dismissal. According to the European Commission, the judiciary’s discriminatory interpretation and application of statutory terms such as “morality,” “indecent behaviour,” and “dishonourable behaviour” is what allow these morality laws to be applied discriminatorily towards the LGBTQI community.
The curriculum does not contain any mandatory content on sexual orientation, gender identity and expression, or variations in sex characteristics. Furthermore, sexual and reproductive health education is not included in the current curriculum. The Ministry of National Education does not allow peer education interventions on sexual and reproductive health at schools.
In recent years, the Turkish government has introduced trial programs for sexuality education. The Puberty Project (2010) has been extended nationwide. The program provides sexuality education in the last three years of the eight-year primary school cycle, but it is not inclusive of sexual orientation, gender identity and expression or variations in sex characteristics. During the program, students are provided a textbook on sexual health and receive instruction from trained sexual health experts. Civil society organisations report that, when included, references to sexual orientation or gender identity and expression, tend to be hostile.
Teachers are not trained on LGBTQI awareness or on how to deal with bullying or harassment on the grounds of sexual orientation, gender identity and expression or variations in sex characteristics. On the contrary, teachers are supposed to inform parents if they are aware of a student being LGBTQ or I.
Despite this, some training has been carried out by local associations. Within the scope of the project of Don’t Hate Me, a teachers’ training took place in Eskişehir, hosted by Turkish Psychological Counselling and Guidance Association in 2015. Within the scope of Rainbow Project, teacher trainings were performed seven times in 2016. More than 500 teachers participated in the trainings at Kars, Eskisehir, Ankara, Malatya, Canakkale and Bursa. As supported by Swedish International Development Agency (SIDA) and Amnesty International, two trainings which aimed at the workers of social services in Turkey were conducted, with a total of 60 participants. In 2016, within the scope of Rainbow Project, Law Workshops were performed in Ankara, Trabzon, Antep, Van and Mersin and Thematic studies were also scheduled for 2017.
According to the European Commission, the Turkish government does not include sexual orientation or gender identity in its civil rights laws and does not legally recognise same-sex couples.
According to Article 40 of the Turkish Civil Code, gender reassignment surgery is permitted in Turkey, but only under the most stringent circumstances: the applicant must be over 18 years old, unmarried and sterilised to legally change their gender and name.Therefore, students cannot use their name or gender marker in school related documentation. Furthermore, intersex people are registered as male or female at birth. While parents can receive medical consultancy at state hospitals on the sex of their children, they are not allowed to officially change their gender.
The government provides no specific support systems for LGBTQI learners or their families. However, ECRI’s latest report shows that some municipalities have started to provide protection for young LGBT persons and offer them anonymous and free health services.
Furthermore, civil society organisations, like Kaos GL, provide support systems for people who have experienced discrimination, but they do not receive public funding to run such services.
The government provides no specific support systems for LGBTQI learners or their families. However, ECRI latest report shows that some municipalities have started to provide protection for young LGBT persons and offer them anonymous and free health services.
Furthermore, civil society organisations, like Kaos GL, provide support systems for people who have experienced discrimination, but they do not receive public funding to run such services.
There is no specific information for LGBTQI learners or guidance for the education sector on how to address bullying and harassment against LGBTQI students. There is some information available for students provided by civil society organisations, but it is not supported by the government (see Good practices).
There is no partnership between the Turkish government and local NGOs, but LGBTQI organisations are being supported by other by other public agents. Civil society organisations can, therefore, guarantee some specific work on teacher training, lessons, support for students, and information for people who has suffered violence because of their actual or perceived sexual orientation, gender identity and expression, or variations in sex characteristics.
– Turkey has not signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Turkey is not a member of the European Governmental LGBTI Focal Point Network.
Kaos GL conducted activities in 26 cities and offered consultancy to 1754 people in 2015. A total number of 840 people were reached thanks to trainings on human rights in 2015. The trainings that were carried out by Kaos GL Association and Pembe Hayat Associations were conducted in Ankara, Mugla, Trabzon, Antep and Van within the scope of Rainbow Project.
Through the Rainbow Project, seven teacher trainings were delivered with more than 500 teachers participating in Kars, Eskisehir, Ankara, Malatya, Canakkale and Bursa. As supported by Swedish International Development Agency (SIDA) and Amnesty International, two trainings which aimed to the workers of social services in Turkey were conducted with a total of 60 participants. In 2015, within the scope of Rainbow Project, Law Workshops were performed in Ankara, Trabzon, Antep, Van and Mersin and Thematic studies will be kept organized in 2016 and 2017.
