Proposed Turkish penal code amendments spark concern over potential LGBTQ+ rights rollback

A recently leaked draft of proposed amendments to Turkey's Penal Code has ignited concerns among human rights advocates and LGBTQ+ activists, who fear the nation may be poised to implement unprecedented restrictions on the rights of LGBTQ+ people and criminalize advocacy on their behalf.

The draft legislation, part of the 11th Judicial Reform Package, contains language that activists argue is excessively broad and could potentially criminalize various aspects of LGBTQIA+ life, expression, and relationships. Of particular concern is a clause that would criminalize same-sex relationships for the first time in Turkey since 1854.

As reported by Q News the proposed legislation states: "Anyone who engages in, or publicly encourages, praises, or incites attitudes or behaviours contrary to the biological sex assigned at birth and general morality shall be punished with imprisonment of one to three years."

Additionally, the draft proposes penalties for same-sex couples who hold engagement or marriage ceremonies, stipulating imprisonment from one year and six months to four years.

The Turkish government defends the proposed changes by stating that they are intended to "strengthen our social structure and protect human dignity… prevent attacks on the general morality and values of society, and more effectively combat trends of standardisation and gender neutralisation."

If enacted, the amendments would also raise the minimum age for gender reassignment surgery from 18 to 25 and impose stricter conditions for accessing such procedures. The draft asserts that gender reassignment should not be considered an absolute right and necessitates scientific demonstration of its necessity. Furthermore, individuals would be required to be permanently deprived of reproductive capacity, as determined by a medical board, before being granted permission for gender reassignment.

International organizations, including Amnesty International and Human Rights Watch, have voiced strong opposition to the proposed amendments.

Dinushika Dissanayake, Amnesty International's Deputy Director for Europe, stated, "These proposals present a grave threat to the rights of LGBTI people and those who advocate for LGBTI rights, and they must never see the light of day… For the first time in the history of the Turkish Republic, legislators could be considering the criminalisation of any expression of LGBTI identities, consensual same-sex sexual activity, and access to vital gender-affirming healthcare."

Hugh Williamson, Europe and Central Asia director at Human Rights Watch, added, "Bringing criminal charges against people for their gender identity or sexual orientation is a profound violation of human dignity and amounts to state-sanctioned oppression… The Turkish government should drop plans to introduce these amendments, which blatantly violate international law and would leave LGBT people in constant fear of arrest and prosecution."

The Turkish Medical Association has also issued a statement condemning the draft legislation, asserting that it would criminalize gender diversity and limit access to medically necessary healthcare. They emphasized that diversity in gender identity and expression is not an illness and that accessing healthcare based on need, without discrimination, is a fundamental human right.

While Turkey's main opposition parties have pledged to oppose the legislation, the ruling AK Party and its allies currently hold a majority in the country's parliament, raising concerns about the bill's potential passage. The situation remains fluid, with LGBTQIA+ advocates and human rights organizations continuing to monitor developments closely and advocate for the protection of LGBTQIA+ rights in Turkey.