DEVELOPMENT OF THE RELEVANT LEGAL RULES

The right of transgender persons to effect a change of their gender marker in the civil status register after gender confirmation surgery was accepted in Turkey by law in 1988. With this new provision, major Turkish research hospitals started to offer medical treatment, including surgical intervention, for transgender individuals. Even though there is no official statistical data, witness statements of surgeons indicate that, on average, more than 300 operations are conducted in Turkey per year. Given that transgenderism is acknowledged as a medical condition (‘gender identity disorder’), public and legal perceptions of transgender persons are more lenient than in comparison to, for example, homosexuality. Same-sex marriages are forbidden; any type of cohabitation except marriage between men and women is not recognised by Turkish law. Even though public awareness of lesbian, gay, bisexual and transgender (LGBT) problems has risen throughout Turkey in recent decades, a strong tendency towards homophobia is still present and no change in the law has been discussed. In fact, this attitude is also reflected in the provisions regarding transgender persons, given that such persons are totally neglected as a group and a change in the civil status register is only allowed if an individual submits to gender confirmation surgery, as prescribed by law.

The legal status of transgender persons in Turkey can be analysed in three phases. In the period before 1988, there was no special legal provision at all. However, the issue was debated in case law. The second phase was introduced by a change to Article 29 of the Turkish Civil Code (TCC) in 1988, allowing for the change of the civil status register after gender confirmation surgery. The so far final phase started with the introduction of a new Turkish Civil Code in 2002. Article 40 of the new code now stipulates the pre- and post-operative legal procedure to be followed in order to achieve a change in the gender marker in the civil status register.

In the first phase, where no legal rule concerning transgender persons existed, the Turkish Court of Cassation was required to consider the application of a famous Turkish singer who had submitted to gender confirmation surgery abroad and wanted to amend the gender marker in the civil status register.