Human Rights Watch (HRW) has expressed significant alarm over recent proposals by the Turkish government to enact legislation that many see as a severe infringement on LGBT rights. The organization labeled the proposals as “one of the most alarming rollbacks of rights in decades.”
The contentious proposal comes from a leaked draft of reform laws aimed at amending Turkey’s penal and civil codes with specific articles targeting the LGBT community. These proposed changes include imposing prison sentences of up to three years for those engaging in behaviors deemed contrary to “biological sex and general morality.” Furthermore, the reforms aim to raise the minimum age for gender-affirming medical care from 18 to 25 and mandate permanent infertility following these procedures. Health care professionals could face up to seven years in prison for providing such care. Details of these alarming proposals have been highlighted by HRW.
The Turkish government’s stance, backed by the ruling Justice and Development Party (AKP), has often been critiqued for its focus on protecting “the family” and “public morals.” HRW’s Europe and Central Asia Director, Hugh Williamson, strongly condemned the proposal, stating that criminalizing gender identity or sexual orientation amounts to state-sanctioned oppression. He urged international bodies like the European Union and the Council of Europe to use all available diplomatic channels to prevent the legislation from advancing.
International legal frameworks provide significant barriers to the enactment of such legislation. In Bayev and Others v. Russia, the European Court of Human Rights ruled against laws embodying a predisposed bias against homosexual minorities. Being a member of the European Convention on Human Rights (ECHR) and a signatory to the International Covenant on Civil and Political Rights (ICCPR), Turkey is obligated to uphold international commitments to privacy, expression, and non-discrimination.
The proposals have sparked a broader conversation about human rights in Turkey, challenging the nation’s adherence to international treaties. These developments are part of a longstanding clash between the Turkish government and human rights organizations over LGBT rights, raising profound concerns for the future of human rights protections within the nation.