Press Briefing note

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Subject: (1) Turkey

(1) Turkey

We are deeply concerned by recent attacks, discriminatory treatment and incitement to violence against lesbian, gay, bisexual and transgender (LGBT) people in Turkey. In the past two weeks alone, reported incidents include the appearance of posters in Ankara encouraging the murder of LGBT people; a violent homophobic attack against a group of young gay men in Istanbul; as well as rape, assault and robbery against Kemal Ördek, a human rights defender and founder of the Red Umbrella Sexual Health and Human Rights Association. We are further concerned about allegations that in the last case, police officers trivialized the attack, used discriminatory language, tried to dissuade the victim from filing a complaint, and did not provide protection from additional threats by the alleged perpetrators. These incidents follow reports that the police used unwarranted force against individuals who were peacefully assembling and participating in the 13th Istanbul LGBT Pride Parade.

Everyone is entitled to the same fundamental human rights without discrimination or arbitrary restrictions of any kind, including the rights to life, liberty, physical integrity, privacy, equality before the law, freedom of expression and peaceful assembly. We call on the Turkish authorities to take active measures to combat homophobic and transphobic violence and discrimination, to uphold the rights of LGBT people to peacefully assemble and express themselves and to ensure that LGBT victims of crimes are treated with respect and dignity and have access to protection mechanisms and effective remedy.

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Transgender Europe Press Statement:

EU Parliament demands trans-inclusive EU gender equality strategy

The European Parliament adopted a trans-inclusive gender equality report this Monday, despite substantial protest from conservatives and right-wing forces.

The Parliamentarians request the European Commission to present a renewed gender equality strategy as the current one will expire end of the year. The new strategy should thoroughly take into account and strengthen the rights of different groups, such as migrant, ethnic minority, Roma or trans women. The Parliamentarians again call for a distinctive and separate LGBTI roadmap. The EU member states are urged to move forward with the horizontal directive, a legal project that would equalize all recognized discrimination grounds in the EU and that is blocked since 2009.

The report also calls upon the European Commission to ensure legal gender recognition throughout the Union. It further reiterates the call towards the Commission and the World Health Organisation to end classifying trans people as mentally ill in national and international health catalogues and also to ensure that gender diversity in childhood is not pathologized.

The Parliamentarians recognize the widespread discrimination, harassment and violence trans people face across the EU due to the gender identity and gender expression. The report also critically notes the rise of an anti-gender equality movement and calls upon equipping teachers better to explain how gender equality benefits whole of society.

Parliamentarians from the European People’s Party (EPP) and the European Conservatives (ECR) had lobbied against the inclusion of trans and lgbti issues as well as against topics relating to abortion or sexual and reproductive rights.

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European Court of Human Rights: “ Gender Identity ” Protected Against Discrimination

In a judgment delivered on May 12, 2015, Identoba and Others v. Georgia the European Court of Human Rights ( ECHR ) clarified that all trans people are protected against discrimination on grounds of gender identity under art. 14 of the Convention ( ECHR ). This is an important and awaited step.

On the occasion of the International Day against Homo- and Transphobia ( IDAHOT ) , Georgian activists held a peaceful march on May 17, 2012, in Tbilisi. When counter-demonstrators were attacking them, brutally assaulting and beating them, the police failed to protect the activists adequately.  Therefore, the ECtHR condemned Georgia for degrading and inhuman treatment in a discriminatory manner ( art. 14 in conjunction with art. 3 ECHR ). The court says clearly that especially in a homo- and transphobic society the state has a “compelling positive obligation” to protect the LGBT community against such ( foreseeable ) discriminatory inhuman and degrading treatment and if such attacks happen it has to unmask the discriminatory motive behind the violence and brutality. For the whole LGBT community this is a significant judgment.

For the trans community, the judgement includes another highly welcomed aspect. Already in 2010, the ECHR said that “transsexuals” are entitled to the enjoyment of the human rights enshrined in the Convention without discrimination ( P.V.

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