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LGBTI Rights in Turkish Cypriot Community and Europe

The rights that LGBTI individuals have or they must have, should not be perceive separately from basic human rights and freedoms. However, male homosexuality is a crime in northern part of Cyprus. Therefore, we can easily say that, LGBTI individuals do not have any rights or/and freedoms in Turkish Cypriot Community. Basic act of the Turkish Cypriot Community (de facto) contains some basic rights and freedoms that every human being should have. Some of those rights and freedoms are shown below:

1- Equality Rights:

(Basic act , article-8) Everyone is, equal before the law without any discrimination. In Europe general, assaults and discriminations are illegal in most European countries. These are the some countries that make crime of bad treatment (hate crime) against LGBTI people: Britain, France, Spain, Norway, Switzerland, Romania, Iceland, Portugal, Ireland, Denmark, Estonia and Lithuania.

2- Immunity of persons:

(Basic act , article 14) Everyone has right to live in peace and confidence, protect and improve their material and spiritual existence. No one, should be punishment with a penalty that against human honor. Person’s honor and dignity is inviolable. Conversely, homosexuality in the Turkish Cypriot Community can be registry of individuals’ records as ‘infamous crime’.

3- Inviolability of private life:

(Basic act , article 18) Everyone, has the right to ask to respect his privacy and family life. Some of the Europe Countries accepting partnership of LGBTI people legally are: Britain, Switzerland, Spain, Denmark, Holland, Austria, Czech Republic, Germany, Belgium, Norway, Iceland, Finland and Portugal. In Spain, Denmark, Belgium, Britain, Norway, Switzerland and Iceland, LGBTI people can adoption, legally they can be parents.

LGBTI Movements in Cyprus

In 1987–88 the Cypriot Gay Liberation Movement (AKOK, or Apeleftherotiko Kinima Omofilofilon Kiprou) was created. As a LGBT rights organisation in the nation it has been successful in helping to repeal the civilian criminal prohibitions regarding homosexuality.

In 2007, Initiative Against Homophobia was established in Northern Cyprus to deal with the rights of Lesbian, Gay, Bisexual, Transgender and Queer LGBT people in Cyprus north. On 25 April 2008, the initiative presented a proposal regarding the revising of criminal law to the head of Parliament Fatma Ekenoglu.[19] In 2010 representatives of ILGA-Europe presented the proposal to head of parliament Hasan Bozer. However, no action has been taken on the proposal and people continued to be arrested with claim of unnatural sex. During well known Sarris court case in October 2011, Communal Democracy Party (TDP) presented the same proposal to the parliament with demand of urgent discussion to end criminalisation of homosexuality in Cyprus north. Since March 2012, Initiative Against Homophobia continues its activities with name Queer Cyprus Association.

Accept – LGBT Cyprus is the only officially registered organisation in Cyprus dealing with an LGBT agenda since September 8, 2011. It has the support of several concerned citizens, assisted by various interested NGOs, the European Parliament and foreign Embassies operating in Cyprus. The organisation has also had at times assistance from local municipalities and often had events held under the auspices of local city mayors.

Accept – LGBT Cyprus organised the first ever Cyprus Pride Parade on the island on 31 May 2014. The Parade was an unexpectedly very successful with over 4500 marching or attending the day’s events. Accept – LGBT Cyprus had expected several hundred participants, but were overwhelmed by the event’s popularity. The march received extensive political support from almost all parties across the political spectrum, former President of Cyprus George Vasiliou, the European Parliament’s Office in Cyprus, the European Commission’s Representation in Cyprus, and 15 Embassies who marched with the parade including Ambassadors and Embassy staff (Austria, Australia, Brazil, Britain, Canada, Denmark, Finland, Israel, Italy, Netherlands, Norway, Portugal, Spain, Sweden, USA). Furthermore, for the first time ever, the Embassies of Denmark, Finland, Netherlands, Sweden and the USA hoisted a rainbow flag on the day at the Embassies’ grounds. Cypriot-born, international pop singer Anna Vissi also attended the march. The 81-year-old Alecos Modinos, who won a 1993 European Court of Human Rights case against Cyprus for its laws criminalising homosexuality, headed the procession. Scuffles broke out between a group of Orthodox Christian protesters including clerics who denounced the event they called “shameful”, demonstrating outside the Parliament.

During a press release, Accept-LGBT Cyprus President Costa Gavrielides expressed his surprise and joy at the turnout, but also his annoyance with the Civil Partnership Bill not being submitted to Parliament despite news of a possible April vote. As of June 2014, the bill had not been submitted.

Prior to the Parade, the event was preceded by the first Cyprus Pride Festival that took between the 17th of May 2014 (International Day Against Homophobia and Transphobia) and 31 May 2014. The first day of the event a Rainbow Walk took place to the north of Nicosia with the colaboation of Accept – LGBT Cyprus and Turkish Cypriot organisation Queer Cyprus, amongst others.

In North Cyprus, discrimination on the basis of sexual orientation or gender identity was not embodied into law until January 27, 2014.[12] Therefore, in 2008, another civil society initiative, “Shortbus Movement”, consisted of Human Rights activists, has started to take an action to support LGBTI activities in northern part of Cyprus. The group secured financial support from the European Commission Office in Cyprus and the European Parliament. “Shortbus movement” organised many activities to empower and mobilise members of LGBTI community by increasing awareness through sharing related information; providing informational, educational, psychological and legal services to LGBTI community; and organising and\or supporting ‘LGBTI’, ‘Gender Equality’ and ‘Human Rights’ thematic cultural events mainly between 2008-2014. The initiative still operates today to support all the individual or organizational activities of Lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) people of Turkish Community of Cyprus.

Source: wikipedia (click to view)

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Kıbrıs Türk Toplumunda ve Avrupa’da LGBTI Hakları

LGBTI bireylerin sahip oldugu ya da olmasi gerektigi haklari, insanlarin temel hak ve özgürlüklerinden ayri düsünmemek gerekir. Buna ragmen, erkek escinselliginin, Kibris Türk Toplumunda yasak oldugu da bir gerçektir. Dolayisiyla  Kibris Türk Toplumunda, LGBTI bireylerinin yasal herhangi bir hakka sahip olmadigi rahatlikla söylenebilir.  Oysa ki anayasa tarafindan  korunan ve LGBTI bireylerinin de sahip olmasi gereken temel insan hak ve özgürlüklerinden bazilari sunlardir:

1- Eşitlik Hakkı:

Anayasanin 8. maddesine göre; herkes, hiç bir ayirim yapilmaksizin anayasa ve yasa önünde esittir. Avrupa genelini  ele aldigimiz zaman, escinselleri asagilamaya yönelik faaliyet ve saldirilarin yasak oldugu (hate speech crime) bilinmektedir. Kibris Türk Toplumunda, ‘escinsellik’ yasakken, escinsellere karsi kötü muameleyi dahi yasalarla yasaklayan ülkeler ise sunlardir: Ingiltere, Fransa, Ispanya, Norveç, Isviçre, Romanya, Izlanda, Portekiz, Irlanda, Danimarka, Estonya ve Litvanya.

2- Kişi Dokunulmazlığı:

Anayasanin 14. maddesine göre; herkes, baris, huzur ve güven içinde yasama, maddi ve manevi varligini koruma ve gelistirme hakkina sahiptir. Kimse, insanlik onuruyla bagdasmayan bir cezaya çarptirilamaz. Kisinin seref ve haysiyeti dokunulmazdir. Oysaki Kibris Türk Toplumu’nda escinsellik, bireyin siciline ‘yüz kizartici suç’ olarak islenebilmektedir.

3- Özel hayatın dokunulmazlığı:

Anayasanin 19.maddesine göre; herkes, özel hayatina ve aile hayatina saygi gösterilmesini isteme hakkina sahiptir. Escinseller arasinda birlikteligi yasal boyutlariyla beraber kabul eden bazi Avrupa ülkeleri sunlardir: Ingiltere, Isviçre, Ispanya, Danimarka, Hollanda, Avusturya, Çek Cumhuriyeti, Almanya, Belçika, Norveç, Izlanda, Finlandiya, Portekiz. Ispanya, Danimarka, Belçika, Ingiltere, Norveç, Isviçre, ve Izlanda gibi ülkelerde ise escinsel çiftler, evlat edinebilmekte ve yasal olarak evebeyin olabilimektedirler.

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