Turkey’s New Draft Law Seeks to Criminalize LGBTQ+ Identity: 

A leaked draft of Turkey’s upcoming “11th Judicial Package” reveals plans to criminalize LGBTQ+ identity, restrict gender-affirming healthcare, and penalize anyone who supports or reports on LGBTQ+ issues. Human rights organizations warn that the bill represents one of the most severe rollbacks of personal freedoms in modern Turkish history and violates international human rights conventions.

Leaked Draft Shows Plan to Criminalize LGBTQ+ People

Turkey’s government is preparing legislation that would make LGBTQ+ identity and advocacy punishable by prison sentences, according to a leaked draft of the 11th Judicial Package, an omnibus reform bill expected to be submitted to parliament in the coming weeks.

The draft proposes amendments to both the penal code and the civil code, introducing a new offense for:

“Attitudes or behaviors contrary to biological sex and general morality”
including their promotion or dissemination.

Convictions could lead to up to three years in prison.

The bill also seeks to criminalize participating in, organizing, or promoting same-sex engagement or marriage ceremonies, even though same-sex marriage is already illegal in Turkey. Under the draft, such acts could result in up to four years in prison.

Media, NGOs, and Allies Also Targeted

The proposal would allow prosecutors to charge:

• LGBTQ+ organizations,

• Journalists or media outlets covering LGBTQ+ topics,

• Civil society groups offering support or advocacy.

Human rights groups warn that this could lead to the closure of NGOs and severe censorship of the press.

Fifteen LGBTQ+ organizations in Turkey issued a joint statement warning that the draft “eliminates fundamental freedoms” and would enable the government to “criminalize existence, not behavior.”

Gender-Affirming Healthcare Restrictions

A separate provision targets transgender healthcare and would:

• Increase the minimum age for gender-affirming procedures from 18 to 25,

• Require multiple state-authorized medical evaluations,

• Mandate permanent infertility for surgical procedures.

Both transgender individuals seeking treatment and healthcare professionals providing it could face up to seven years in prison.

The Turkish Medical Association condemned the proposal, emphasizing that access to healthcare cannot be criminalized.

Human Rights Groups: “A Profound Violation of Human Dignity”

International human rights organizations reacted strongly.

Hugh Williamson, Human Rights Watch’s Europe and Central Asia Director, said:

“Criminalizing people for their gender identity or sexual orientation is state-sanctioned oppression.”

Amnesty International also denounced the bill.
Dinushika Dissanayake, Amnesty International Deputy Director for Europe, warned:

“These proposals present a grave threat to the rights of LGBTI people… They must never see the light of day.”

Conflict With European Convention on Human Rights

Human Rights Watch stated that the proposal is incompatible with:

• The European Convention on Human Rights, and

• Turkey’s commitments as a member of the Council of Europe.

HRW urged the European Union and Council of Europe to intervene through diplomatic channels:

“This is a defining test of Turkey’s respect for the rule of law.”

Growing Crackdown Under Erdoğan

Turkey ranks 47th out of 49 in ILGA-Europe’s Rainbow Map, placing it among the worst performers on LGBTQ+ rights in Europe.

President Recep Tayyip Erdoğan has increasingly adopted anti-LGBTQ+ rhetoric, referring to LGBTQ+ visibility as:

• “a plague,”

• “perversion,” and

• “a threat to the family.”

Pride marches remain banned in Istanbul. In June, police detained 54 people attempting to hold a Pride event.

The leaked draft signals that the crackdown is moving from rhetoric and police action to full criminalization.