Gays&lesbians Urge for Equality Before Law

Representatives of gay&lesbian groups urge for inclusion of their demands in the new draft criminal law moved by the government. Gays&lesbians raise their demands that sexual identity is not regarded as provocation in homosexual murders.

Ankara - BİA News Center
28 May 2004, Friday
A group of gays and lesbians from the Kaos GL Gay and Lesbian Organization and Lambdaistanbul Homosexual Non-Governmental Initiative, submitted their criticisms and proposals about a draft Turkish Penal Code (TCK) with TCK during talks with lower commission member Orhan Eraslan.

Oner Ceylan, the gays&lesbians groups’ spokesperson, requested that homosexuals explicitly included among the groups to be protected in the article that bans discrimination. They demanded that crimes against homosexuals are not subject to reduced punishment and that homosexuality is not regarded as provocation.

“Discrimination at workplace should be regarded a crime”

Ceylan listed the proposals of gays and lesbians:

* It is a great improvement that the phrase, “sexual orientation,” was added to article 124, which is about discrimination. Discrimination based on sexual orientation will be considered a crime from now on. Discriminating against homosexuals when accepting employees will also be a crime. We believe, laying off, preventing promotion, exile, and forced resignation should also be added in this article.

Also, the phrase “sexual orientation,” was not added to article 3, which regulates “equality before justice and law.” We regard this as a contradiction within the draft.

“Homosexuality should not be regarded as provocation”

* Crimes against homosexuals can be subject to a reduced punishment. The article should be restructured as to prevent reduction in the punishment of crimes committed against persons of homosexual inclination such as usurpation, attack, injuring or murder.

“Sexual exploitation” instead of “obscenity”

* The abstruse expressions about the “morals of a society” in the laws are usually used against homosexuals. Such articles should be reworded to prevent wrong interpretations.

* We demand that the word, “exhibitionism” is removed from article 227, which regulates “shameful” acts. Also article 228 about obscenity is very vague on what is obscene and what is not. We propose that “sexual exploitation” is used instead of “obscenity.” The expression, “unnatural sexual behavior” should also be lifted because it is vague.

Transvestite and transsexual “genocide”

* We want the expressions, “sexual orientation,” and “sexual identity” to be included into article 79, which defines genocide, and article 80, which regulates “other crimes against humanity”.

* We demand that the age of consent for sexual relations is reduced to 15.

* We propose that article 218 about “thought crime” is lifted. Expression of opinion should not be regarded as a crime. (BB)

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