TGEU Countries: Turkey What are the human-rights violations or challenges experi- Structural and institutional violence judge to determine whether an assault or murder was the lack of quality healthcare services and experienced enced by trans individuals in the transition process? And what Trans people are among the most vulnerable and mar- the result of “unjust provocation”. As a result, judges health professionals. Many trans people go to large cit- should be done to improve this situation? ginalised groups in Turkey. There are several reasons have routinely used Article 29 to reduce the sentences ies for gender-reassignment treatment. Even in large The transition process is regulated by Article 40 of the Turkish for this situation – a lack of legal and policy-based pro- of those who have killed LGBT individuals. For example, cities, only a few university hospitals and some private Civil Code, which contains requirements that are clear rights tection from the authorities, widespread transphobic in February 2014, the killer of a trans woman had his life hospitals have experienced health professionals and violations. The most striking violation is the requirement that and whorephobic beliefs and attitudes and the crimi- sentence reduced to 18 years under this article because the required facilities for surgery. Other services, like applicants be permanently deprived of their reproductive ca- nalisation of sex work. In this section, we describe how the victim was a “transvestite”. 3 hormone therapy and psychiatric services, also do not pacity – that they be sterilised. Likewise, there is a requirement trans people are affected by structural and institutional that the individual cannot be married, which is a mandatory re- violence, including the lack of trans-inclusive anti-dis- Trans people are disproportionately targeted by Tur- ple self-medicate without medical supervision. The lack quirement for divorce. Moreover, applicants must obtain a med- crimination and hate-crime legislation and a quick and key’s Law on Misdemeanours, which is regularly used to of medical service also inhibits them from starting and ical report proving their transgender status from a training and transparent legal gender-recognition procedure. discriminate against trans persons. For example, trans completing the legal gender-recognition process. exist in many Turkish cities. As a result, many trans peo- individuals in Istanbul reported being stopped by the research hospital. Individuals above the age of 18 who satisfy these requirements can obtain permission for sex-reassignment There is no anti-discrimination legislation to protect police while walking around or working, and being told surgery, and after surgery they can obtain permission to change trans people in Turkey. Indeed, instead of applying gen- that they had violated the Law on Misdemeanours by the gender on their identity card. All these requirements make eral non-discrimination provisions to trans people, state “disturb[ing] the environment”. 4 the transition process difficult while increasing its cost and dura- authorities and judges have used vague legal provisions tion. However, on 24 June 2015, Ankara’s 14th Civil Court sent to actively discriminate against them. State officials Article 40 of the Turkish Civil Code regulates legal gen- a case to the Constitutional Court, on the grounds that Article 40 publicly denounce LGBT people and “serve to propa- der recognition, including abusive requirements such as violates the Constitution, and there is a possibility that this arti- gate an attitude of hostility” toward LGBT people. At- a multi-discipline diagnosis, divorce if married, an age cle will be declared unconstitutional. tempts to include references to gender identity in the requirement and sterilisation. Secondly, the process is recently reformed Constitution also failed. The Law to lengthy and costly. The outcome often depend on the Protect Family and Prevent Violence against Women attitudes and experiences of health professionals and does not include “gender”, “gender identity” or a defini- judges. A waiting time of two years is not uncommon, a tion of “gender-based discrimination or violence” . period in which breaches of privacy and discrimination 1 on the basis of documents that do not match the perSimilarly, there is no hate-crime legislation to protect son’s gender identity continue. Many trans people lack trans people in Turkey. On the contrary, perpetrators proper jobs and sustainable financial support, which of transphobic violence can often rely on the Criminal adds to the difficulties involved. In 2015, the ECHR re- Code’s Article 29, “unjust provocation”, defence: “a per- jected 5 the sterilisation requirement for gender-reas- son committing an offense as a result of anger or asperi- signment surgery, and therefore for legal gender recog- ty caused by an unjust act is sentenced to imprisonment nition, as a violation of the right to privacy (Art 8 ECHR). for 18 to 24 years instead of life, and to imprisonment for + 92 + 12 to 18 years instead of life”. 2 The Code does not de- Many trans people who do not live in large cities do not fine “unjust provocation”, leaving it up to the sentencing have access to trans-specific healthcare because of + 93 +