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Laws

TURKEY

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

The age of consent in Turkey is 18 years [R1.1].

Interpol suggests that "there is no precise legal age of consent for sexual activity" [R1.2].

R1.1 Qrd.org: Turkey Gay Guide AUG 08
R1.2 Interpol: Sexual offences against children PDF 23.28kb, (Accessed 28 FEB 10)
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

Turkey has a long history of offering safety for refugees. Between 1923 to 1997 1.6 million people fled to Turkey, displaced by WW2, the Cold War and the Gulf conflicts [R1.1].

Amnesty International has reported cases of non-European asylum seekers registering for refugee status and then being forcefully deported by Turkish authorities [R1.1].

There have been cases where refugees have been handed directly to the authorities of the country they were fleeing [R1.1].

R1.1 PinkNews.co.uk: Gay Iranian Denied Refugee Status by UN 25 JUL 08
PinkNews.co.uk: Gay Iranian Granted Refugee Status by UN 17 JUL 08
Children: Access, Custody, Visitation Legislation/Cases/References
1.

Courts & Tribunals

In 1996, the Turkish Supreme Court of Justice has ruled that a lesbian is a threat to the moral development of her child and have refused to uphold the decision of a lower court that granted the mother custody of her 2-year old daughter [R1].

The Supreme Court defined the lesbian mother as "a woman who has a (sexual) habit in the degree of sickness".

R1 Brother Sister: Mother Considered Threat 22 AUG 96
Discrimination Legislation/Cases/References
1.

National

In March 2010, it was reported that a board to prevent discrimination was going to be founded according to a draft law that the Interior Ministry recently completed under the government's move for democratization. The draft law includes sexual identity [R1.1].

In May 2009, a Turkish soccer referee was forced out of his job because of his sexuality he having been excused from his compulsory military service on account of his homosexuality [R1.2].

2.

Courts & Tribunals

On 30 April 2010, Judge Mursel Ermis in the Izmir Court, rejected a demand sought by the governor's office to ban Siyah Pembe Ucgen (Black Pink Triangle), a group campaigning for gay rights [R2.1].

In January 2009, the Supreme Court of Appeals rejected the local court's decision to enforce closure of Lambda Istanbul on the grounds that reference to LGBT people in the name and the statute of the association did not constitute opposition to Turkish moral values [R2.2].

Previously:

In 2007, a demand to enforce closure of Lambda Istanbul, Turkey's leading GLBT organisation, was thwarted by a judge who ordered legal experts to compile a report [R2.3].

R1.1 Hürriyet Daily News: Discrimination will be banned, draft law says 17 MAR 10
R1.2 MCV: Legal fight for gay referee 21 MAY 09
R2.1 Al Arabiya News Channel : Turkish court refuses to ban Gay rights groups 30 APR 10
R2.2 PinkNews.co.uk: Istanbul Gay Rights Group Wins Appeal Against Closure Under Morality Laws 21 JAM 09
R2.3 MCV: GLBT Morality Breach 25 OCT 97
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 22 February 2010, the IGLHRC reported an ongoing pattern of violence against transgender people that included a number of murders [R1.1].

In 1988, a specific law on Gender recognition after Gender Reassignment treatment was introduced [R1.2].

In 1997, it was reported that assault by the police is emblematic of the situation of transvestites and transsexuals in Istanbul, who have been routinely rounded up from their homes, beaten and evicted [R1.3].

R1.1 IGLHRC: Turkey: Stop Violence Against Transgender People 22 FEB 10
R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R1.3 IGLHRC: Turkish Transsexual Activist Sues Istanbul's Beyoglu Police Bureau for Police Abuse 02 JAN 97
Homosexuality, Sodomy Legislation/Cases/References
See also: [MILITARY]
1.

National

Homosexuality was a known tradition in the era of Ottoman Empire which lasted more than five centuries [R1.1]. It is understood that the law is silent as to homosexuality and that as a consequence consensual sex between same-sex couples has been lawful in Turkey since 1858 [R1.2].


In July 2008, a gay student activist is alleged to have been shot in what is believed to be Turkey's first reported gay "honour killing" carried out by members of his own family [R1.3].

R1.1 Qrd.org: Turkey Gay Guide AUG 08
R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
R1.3 PinkNews.co.uk: Man Flees Turkey After "Honour Killing" of His Gay Activist Boyfriend
Marriage Legislation/Cases/References
See also: [Parenting]
   
   
Military Legislation/Cases/References
1.

National

In 1996, the Justice Commission of the Turkish Parliament passed a Bill stating that people who conduct "unnatural sexual intercourse" shall be expelled from the army [R1].

R1 Brother Sister: Army's Sex Life Controlled 08 AUG 96
Parenting Legislation/Cases/References
1.

National

In February 2010, the Council of Europe amended an article of its declaration on children's rights after Turkey objected to a specific article alluding to gay marriage. Originally, the article stated, "Currently, the family [is a concept] composed of different lifestyles and children in Europe grow up in family forms that can change during the life of children."

Following the amendment, however, the article has the added phrase: "These family forms change from one country to another." At the same time, a phrase reading, "The relevant articles will be evaluated under the framework of national regulations," was added to relevant subsequent articles [R1.1].

R1.1 Hürriyet Daily News: Turkey objects to gay marriage allusion in council document 23 FEB 10

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