A proposed legislative package, the 11th Judicial Package, is poised to significantly curtail the rights and freedoms of LGBTQI+ individuals in Turkey, drawing sharp criticism from human rights advocates. The draft legislation introduces severe penalties, including prison sentences for expressions deemed “contrary to biological sex and general morality,” and significantly complicates the process for gender reassignment. This move is seen by many as a regressive step, further marginalizing an already vulnerable community.
According to a report by T24, the draft of the 11th Judicial Package reveals alarming provisions that directly target the existence and expression of LGBTQI+ individuals. The proposed article states, "A person who takes attitudes and behaviors contrary to biological sex and general morality, or openly encourages, praises, or promotes such attitudes and behaviors, shall be punished with imprisonment from one to three years." Furthermore, the age for gender reassignment surgery is to be raised from 18 to 25, and the conditions for undergoing such procedures are made considerably more stringent. This legislative push, expected to be presented to the Parliament soon, would effectively pave the way for the imprisonment of LGBTQI+ individuals and could also impact digital platforms that feature LGBTQI+-related content.
The implications of these proposed changes are far-reaching. The amendment to Article 225 of the Turkish Penal Code, titled 'Obscene Acts,' would not only criminalize the public expression of LGBTQI+ identities but also extend its reach to digital media. This could lead to a chilling effect on freedom of expression and artistic endeavors that portray LGBTQI+ lives. In an even more draconian measure, the draft package also includes a provision to punish same-sex engagement or marriage ceremonies with imprisonment ranging from one year and six months to four years. The existing penalty for public sexual acts or exhibitionism, currently six months to one year, is also slated to increase to one to three years.
The government's justification for these drastic measures centers on the protection of “healthy generations” and the preservation of the “family institution.” The rationale behind the changes states, "With the regulation, it is aimed to raise physically and mentally healthy individuals and generations, and to protect the family institution and social structure." This justification, however, is viewed by critics as a thinly veiled attempt to impose a narrow, conservative social agenda that disregards individual autonomy and human rights. The argument that LGBTQI+ identities threaten societal well-being is a common trope used to justify discrimination and oppression.
The proposed changes to gender reassignment procedures are equally concerning. Raising the age limit to 25 and imposing stricter conditions, such as requiring four evaluations over at least three months from a full-fledged training and research hospital designated by the Ministry of Health, creates significant barriers for individuals seeking gender-affirming care. The justification for these stricter conditions claims to ensure that such a life-altering decision is made with “a certain age maturity” and that the process is “healthier.” However, these measures are likely to delay essential medical care, causing undue psychological distress and potentially forcing individuals to seek unsafe alternatives. The draft also introduces penalties for medical interventions that do not comply with these new conditions, further criminalizing healthcare providers who assist transgender individuals.
Human rights organizations and LGBTQI+ activists have condemned the proposed judicial package as a severe regression in human rights. They argue that these measures violate international human rights conventions to which Turkey is a signatory, including the European Convention on Human Rights. The package, framed as a means to combat “genderless movements” and protect “general morality,” is seen as an attack on the fundamental rights of self-determination and equality. If enacted, this legislation would not only deepen the discrimination faced by LGBTQI+ individuals in Turkey but also send a chilling message about the state of human rights in the country.
Photo: Gemini AI