2010 ilerleme raporu - Avrupa Birliği Bakanlığı

government is an obstacle to the adoption of new legislation. The constitutional amendment
package did not introduce the right to strike for civil servants.
The principle of anti-discrimination is enshrined in the Constitution and upheld in several
laws. The government consulted civil society organisations, universities and relevant
authorities on the draft Law for the establishment of an anti-discrimination and equality
board.
However, the current legal framework is not adequately aligned with the EU acquis. (See
Chapter 19 – Social policy and employment) There have been several cases of discrimination
at the workplace, where LGBTT employees have been fired because of their sexual
orientation. Provisions of the Turkish Criminal Code on ‘public exhibitionism’ and ‘offences
against public morality’ are sometimes used to discriminate against LGBTT people. The Law
on misdemeanours is often used to impose fines against transgender persons.
The statements by the State Minister responsible for Women and the Family on
homosexuality being a disorder sparked reactions from the LGBTT community and human
rights circles. Negative stereotyping by political figures can provoke further discrimination
against LGBTT people.
Court cases for the closure of LGBTT associations ended positively during the reporting
period. (See Freedom of association)
Homophobia has resulted in physical and sexual violence. The killing of several transsexuals
and transvestites, along with recent violence by police in Ankara against transgender persons,
are worrying developments. Courts have applied the principle of ‘unjust provocation’ in
favour of perpetrators of crimes against transsexuals and transvestites.
The Turkish armed forces have still a health regulation which defines homosexuality as a
‘psychosexual’ illness and declares homosexuals unfit for military service. Conscripts who
declare their homosexuality have to provide photographic proof. Some have had to undergo
humiliating medical examinations.
Overall, efforts continued to improve the situation of socially vulnerable persons and/or
persons with disabilities, to strengthen labour union rights and to fight discrimination.
However, in practice many challenges remain to be addressed in these areas.
With respect to property rights, implementation of the February 2008 Law on foundations
continued throughout the reporting period, albeit with some delays and procedural problems.
The initial deadline of 27 August 2009 for submission of applications by non-Muslim
foundations for the restitution of properties registered under figurative or fictitious names, or
in the name of the Treasury or of the Directorate-General for Foundations, was extended to
give the foundations time to obtain all the documents required.
Representatives of the Turkish authorities met members of non-Muslim foundations a number
of times about implementation of Provisional Article 7. A total of 1,410 applications for
restitution were submitted by 107 foundations. To date, 131 positive decisions have been
given, while another 150 requests were met without taking the cases to the Foundations
Council.
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