Turkey Considers New Legislation Targeting LGBTQIA+ Rights
Istanbul – A proposed law in Turkey is raising serious concerns among human rights organizations and LGBTQIA+ advocates, as it seeks to introduce criminal penalties for expressing or “promoting” LGBTQIA+ identities. The draft legislation, reportedly prepared by the Ministry of Justice, echoes provisions previously withdrawn from a larger judicial package in late 2025 following widespread protests. This renewed effort to legally restrict the rights of LGBTQIA+ individuals in Turkey signals a deepening trend of conservative policies and a potential rollback of fundamental freedoms.
The proposed law, details of which have been shared by Turkish media and civil society organizations, would amend the Turkish Penal Code to include a new offense punishable by one to three years imprisonment for anyone who “encourages, praises, or promotes publicly behaviors contrary to the biological sex assigned at birth.” This broadly worded provision, lacking a precise legal definition, could encompass a wide range of activities, including public statements, association activities, awareness campaigns, and online content related to LGBTQIA+ rights and identities. Critics argue that the vague language opens the door to extensive interpretation by the judiciary, potentially leading to arbitrary enforcement and the suppression of legitimate expression. Amnesty International has previously warned that similar proposals represent a grave violation of freedom of expression, the right to privacy, and the principle of non-discrimination.
Beyond expressions of identity, the draft legislation also proposes criminalizing participation in same-sex engagement or marriage ceremonies, with potential penalties reaching up to four years in prison. While same-sex marriage is not currently recognized in Turkey, homosexual relations have not been criminalized since 1858, dating back to the Ottoman Empire. The introduction of penalties for symbolic ceremonies would therefore represent a significant shift in the legal landscape, effectively criminalizing expressions of commitment within the LGBTQIA+ community. This move aligns with President Recep Tayyip Erdoğan’s increasingly conservative stance on gender and sexuality issues, and his proclamation of 2025 as the “Year of the Family.”
Medical Restrictions and the Erosion of Gender Affirming Care
The proposed legislation extends beyond criminal penalties to include restrictions on access to gender-affirming care. The minimum age for accessing gender affirmation surgeries would be raised from 18 to 25, and stricter medical evaluations would be required. Any gender affirmation surgery performed outside of the legal framework would be punishable by a prison sentence of three to seven years, with harsher penalties for procedures involving minors. These measures represent a significant barrier to healthcare for transgender individuals in Turkey, potentially forcing many to forgo necessary medical interventions or seek care abroad. The Turkish Medical Association has not yet released an official statement on the proposed changes, but similar restrictions in other countries have been criticized by medical professionals as harmful and discriminatory.
The move to restrict gender-affirming care comes amidst a broader pattern of limitations on LGBTQIA+ rights in Turkey. Over recent years, Pride marches in Istanbul have been repeatedly banned, and LGBTQIA+ associations have faced administrative and legal challenges. These actions, coupled with increasingly hostile rhetoric from government officials, have created a climate of fear and discrimination for LGBTQIA+ individuals in the country. According to a 2024 report by ILGA-Europe, Turkey scored only 5 out of 100 on its rainbow index, indicating a deeply unfavorable environment for LGBTQIA+ rights. This score reflects the lack of legal protections, widespread discrimination, and ongoing violence faced by LGBTQIA+ people in Turkey.
Previous Attempts and International Concerns
This is not the first attempt to introduce similar legislation in Turkey. As noted, provisions mirroring those in the current draft were previously included in the 11th Judicial Package but were removed following protests from human rights organizations and local associations. The reintroduction of these measures as a standalone bill demonstrates a continued determination to restrict LGBTQIA+ rights, despite previous opposition. Organizations like Kaos GL, a prominent Turkish LGBTQIA+ rights group, have denounced the new proposal as an attempt to circumvent the previous rejection and reintroduce discriminatory measures through a different legislative route.
International organizations have also voiced their concerns. Amnesty International and Human Rights Watch previously stated that earlier versions of these proposals violated freedom of expression, the right to privacy, and the principle of non-discrimination. Turkey is a party to the European Convention on Human Rights, which protects these fundamental freedoms. The compatibility of the proposed legislation with Turkey’s international human rights obligations is likely to be a key point of contention if the bill is brought before Parliament. The Council of Europe, which oversees the European Convention on Human Rights, has not yet issued a statement on the current draft legislation, but is expected to monitor the situation closely.
The Broader Political Context and Potential Impact
The timing of this proposed legislation is significant, coming after President Erdoğan’s declaration of 2025 as the “Year of the Family.” This proclamation signaled a renewed focus on conservative values and a commitment to protecting what the government considers traditional family structures. Critics argue that this rhetoric has been used to justify discriminatory policies targeting LGBTQIA+ individuals and other marginalized groups. The government’s stance on LGBTQIA+ rights is also seen as part of a broader effort to consolidate power and appeal to its conservative base. Political analysts suggest that the proposed legislation is intended to send a strong message to voters and reinforce the government’s commitment to traditional values.
The potential impact of the legislation extends beyond the immediate criminal penalties and medical restrictions. The broadly worded provisions could have a chilling effect on LGBTQIA+ activism, advocacy, and community organizing. Fear of prosecution could discourage individuals from speaking out about their experiences or participating in LGBTQIA+ events. The legislation could also exacerbate existing discrimination and violence against LGBTQIA+ people in Turkey, creating an even more hostile and unsafe environment. The restrictions on gender-affirming care could have devastating consequences for transgender individuals, denying them access to essential medical treatment and undermining their well-being.
Key Takeaways
- Criminalization of Expression: The proposed law seeks to criminalize the “promotion” of LGBTQIA+ identities, potentially impacting freedom of speech and association.
- Restrictions on Gender Affirming Care: Raising the age for gender affirmation surgery to 25 and imposing stricter medical evaluations will limit access to vital healthcare for transgender individuals.
- Erosion of Rights: The legislation represents a significant rollback of LGBTQIA+ rights in Turkey, following previous attempts to introduce similar measures.
- International Scrutiny: The proposed law is likely to face criticism from international human rights organizations and raise questions about Turkey’s compliance with the European Convention on Human Rights.
As of February 20, 2026, the proposed legislation has not been adopted and its future remains uncertain. Its potential inscription on the Parliament’s agenda could trigger a national and international debate regarding its compatibility with Turkey’s human rights commitments. The coming weeks will be crucial in determining whether this controversial bill will develop into law, further restricting the rights and freedoms of LGBTQIA+ individuals in Turkey. The Turkish Parliament is scheduled to reconvene on March 10, 2026, where the bill could be placed on the agenda for discussion.
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