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Recep Tayyip Erdoğan has led Turkey since 2004, gradually steering the country towards an increasingly populist, socially conservative and authoritarian course. Following a 2017 referendum on constitutional reform, most executive and legislative powers were transferred to the presidency. Many of the checks and balances within Turkey’s institutional framework have been removed.

Turkish society is deeply divided along various fault lines. Trust and tolerance towards individuals and groups perceived as dissenting are declining systematically. Hate speech and hate crime are growing problems.

Members of sexual and gender minorities are perceived as deviant. There is widespread antipathy towards them within society, and they face a hostile social climate as most parts of Turkey are deeply conservative on these issues. Regular, well-attended protest marches are held, during which organisers and participants call for protection of families, children and future generations against what they term propaganda or socio-cultural terrorism. Universities are no longer welcoming environments for sexual and gender minorities. The public sector also pursues a stigmatising agenda against sexual and gender minorities.

In recent years, President Erdoğan himself has become more radical regarding sexual and gender minorities. He has stated that LGBTI rights are not human rights. Key pro-Erdoğan politicians have followed his lead on this issue. The Ministry of Religious Affairs (Diyanet) urges Muslims to combat the so-called evil of homosexuality, while the media reinforces stigmatisation and hate speech in society. There has been an increase in violent incidents and cases of aggression and discrimination against sexual and gender minorities in recent years, particularly in the labour and housing markets, schools and healthcare institutions. Trans people in particular are frequently the victims of serious violence (including murder) and discrimination. Stigmatisation by society negatively impacts the lives and mental health of members of these minorities, creating a climate of fear within their communities.

There are no laws that explicitly criminalise same-sex relations or other behaviour related to sexual or gender characteristics. However, vaguely defined legal provisions concerning offences against public morality, the protection of the family, or unnatural sexual acts are sometimes used to justify police violence and discrimination. Furthermore, in recent years, the government has regularly leaked draft legislation threatening the rights of sexual and gender minorities. These have not yet come into force.

The scope for protection offered by the security services and the courts is limited for all minorities in Turkey who fear aggression and discrimination. In addition to the crisis in democracy, there has been an erosion of the rule of law, as well as of fundamental freedoms and civil liberties.

Turkey’s legal framework contains basic provisions for civil and fundamental rights, but its implementation is not in line with international standards. A number of regulations intended to temporarily restrict fundamental rights for the duration of the state of emergency (2016–2018) have become permanent.

There is no specific legislation in place to protect against crimes or discrimination based on sexual orientation or gender identity. Consequently, no case law has been developed in relation to these specific forms of hate crime. There is also no legislation enabling marriage, registered partnerships or legal cohabitation for same-sex couples. However, trans people can change their name and gender identity.

Reports of police action against sexual and gender minorities primarily relate to violent interventions and arbitrary arrests during demonstrations, pride marches and protests, all of which have been prohibited since 2015. There are also sporadic reports of violence and arbitrary arrests, primarily targeting trans individuals, in private settings. In a few cases, the police have taken action to enforce the rights of victims of hate crimes against sexual and gender minorities. The police often adopt a discriminatory and accusatory attitude, placing the responsibility for the aggression suffered on the victim. Prosecutors are often reluctant to prosecute perpetrators of homophobic violence. Under Article 29 of the Criminal Code, perpetrators of violence may be eligible for a reduced sentence if they were incited by what is deemed to be an unjustified provocation.

Although victims of hate crimes are entitled to free legal aid in theory, little information is available on this and there is little motivation to seek assistance from perceived homophobic courts. Furthermore, the effectiveness of the few civil society organisations that provide legal aid to sexual and gender minorities is steadily eroding. Government bodies such as the Human Rights and Equality Institution and the Ombudsman’s Office do not handle complaints from these groups.

Civil society organisations can offer help and information to those who request it. However, in recent years, they have been targeted by the government, which accuses them of receiving foreign funding, spreading Western ideologies, and undermining national values, among other things. They have faced judicial harassment, threats, intimidation, closures and complex audit procedures.

Under the current circumstances, people belonging to sexual and gender minorities generally try to hide their gender identity and sexual orientation. There are only a few neighbourhoods in major cities where they can live openly and visibly. However, these environments are becoming more conservative and fewer in number. Furthermore, access to these specific environments is affected by factors such as financial resources, level of education, social networks and opportunities in the labour and housing markets.