How Türkiye’s 11th Judicial Package Threatens LGBTQ+ Rights

Summary

Recent leaks surrounding Türkiye’s 11th Judicial Package have raised serious concerns among human rights experts, medical professionals, and civil society organizations. Draft provisions suggest new criminal penalties targeting LGBTQ+ people and sweeping restrictions on gender-affirming healthcare. If enacted, these measures would represent one of the most severe rollbacks of LGBTQ+ rights in Türkiye’s modern history—placing the country in direct conflict with its international human rights obligations.

What Is the 11th Judicial Package?

Judicial packages in Türkiye are omnibus legislative reforms that amend multiple laws at once, often with limited parliamentary scrutiny. The 11th Judicial Package, currently in draft form, is presented publicly as a legal reform effort. However, leaked provisions indicate a sharp shift toward criminalizing gender identity and expression under vague and expansive legal language.

Unlike previous reforms, this package introduces new criminal liability related to:

• Gender identity
• Gender-affirming healthcare
• Public expression of LGBTQ+ identities

This marks a structural escalation from administrative pressure to explicit criminalization.

What the Draft Proposals Would Do

Based on leaked texts and expert legal analysis, the proposed changes could:

• Criminalize aspects of LGBTQ+ identity and expression, using broadly defined moral or “public order” justifications
• Restrict or ban gender-affirming healthcare, particularly impacting transgender individuals
• Expose healthcare professionals, families, and advocates to prosecution
• Increase surveillance and targeting of LGBTQ+ communities under existing public morality and security laws

These measures would disproportionately affect transgender youth, placing both patients and caregivers at legal risk.

Why This Matters for Transgender Youth and Healthcare

Transgender adolescents already face significant barriers in Türkiye, including stigma, lack of medical access, and social exclusion. Under the draft package:

• Medically recognized treatments could be reframed as criminal acts
• Doctors could face prosecution for providing standard, evidence-based care
• Families supporting their children could be investigated or penalized, adding to the human impact of mass detention seen in other sectors.

This would effectively force transgender youth out of healthcare systems, increasing risks of depression, self-harm, and social isolation—outcomes well-documented by global medical associations.

Violations of International Human Rights Law

If adopted, these provisions would place Türkiye in clear violation of multiple binding and non-binding international frameworks, including:

• European Convention on Human Rights (ECHR)
  • Article 8: Right to private life
  • Article 14: Prohibition of discrimination
• International Covenant on Civil and Political Rights (ICCPR)
  • Protection from discrimination based on identity
  • Freedom of expression and personal autonomy
• Convention on the Rights of the Child (CRC)
  • Best interests of the child
  • Right to healthcare and protection from harm

Leading organizations such as Amnesty International and Human Rights Watch have already warned that criminalizing LGBTQ+ identities and healthcare violates established international legal standards and medical consensus.

A Pattern, Not an Isolated Proposal

This draft does not exist in isolation. It fits a broader pattern in Türkiye of:

• Expanding criminal law into areas of personal identity
• Using vague legal language to suppress marginalized groups
• Framing human rights as threats to public morality or national security

Similar strategies,  such as emergency decrees, have been used in recent years against journalists, civil society organizations, and political dissidents.

What Comes Next: Legislative Process and Risks

The 11th Judicial Package is expected to move through parliamentary committees before a general vote. Historically, such packages:

• Are passed quickly
• Allow limited public consultation
• Offer minimal opportunity for amendment once tabled

This makes early international attention and pressure critical.

What Can Be Done

Advocacy now matters. Civil society, medical professionals, and international institutions still have a window to act.

Key actions include:

• Submitting legal opinions and expert briefings
• Engaging UN Special Rapporteurs and Council of Europe mechanisms
• Supporting petitions and public statements
• Building coalitions with LGBTQ+ organizations inside and outside Türkiye

Advocates of Silenced Turkey will continue monitoring developments, documenting legal risks, and amplifying expert analysis to ensure this issue is not normalized or ignored.

Why International Attention Is Essential

History shows that silence enables repression. International scrutiny has repeatedly slowed or reversed harmful policies in Türkiye when sustained and coordinated.

The proposed criminalization of LGBTQ+ identities is not a domestic issue alone—it is a human rights emergency with global implications.

Stay Informed

Silenced Turkey will provide:

• Updates as the draft progresses through parliament
• Legal analyses of finalized provisions
• Advocacy toolkits for civil society and policymakers

To support our work and help us continue monitoring these violations, you can donate now.

Truth matters. Silence enables harm.