03/02/2026 | Writer: Kaos GL
In the bill submitted by DEM Party to the Parliament, it was requested that the terms “sexual orientation” and “gender identity” be explicitly added to the Turkish Penal Code.
DEM Party Deputy Group Chairs Gülistan Kılıç Koçyiğit and Sezai Temelli have submitted a bill to the Turkish Grand National Assembly proposing amendments to the Turkish Penal Code aimed at defining the aggravated form of crimes committed with a hate motive and restructuring hate crime legislation.
The bill proposes explicitly defining sexual orientation and gender identity in the Turkish Penal Code and including them within the scope of legal protection.
Hate crimes threaten social peace
In the bill’s explanatory memorandum, it is emphasized that hate crimes are committed not because of the victim’s individual characteristics, but because the victim is perceived to belong to a group defined by actual or perceived race, ethnic origin, language, religion, sex, sexual orientation, gender identity, disability, age, or similar shared characteristics. In such crimes, the target is the social group to which the individual belongs, while the perpetrator’s motivation is prejudice and hatred.
The memorandum notes that hate crimes are not limited to individual harm but pose a direct threat to social peace, the principle of equal citizenship, and the democratic order.
The Penal Code falls short of addressing core elements of hate crimes
The proposal also points out that Turkey lacks a comprehensive, clear, and effective criminal law framework addressing hate crimes and hate speech. Although Article 122 of the Turkish Penal Code is titled “Hate and Discrimination,” it is criticized for failing to meet the fundamental elements of hate crimes. The article does not regulate underlying crimes committed with a hate motive and criminalizes only a limited number of discriminatory acts.
It is further underlined that the absence of discrimination grounds such as sexual orientation, gender identity, and ethnic origin, explicitly protected under international law, from the text of the article renders the current regulation ineffective.
Many groups are systematically targeted
The memorandum recalls that the European Commission against Racism and Intolerance (ECRI) has recommended that member states explicitly define crimes committed with a hate motive in their criminal legislation and regulate such motives as aggravating circumstances. ECRI’s Sixth Monitoring Report on Turkey highlights an increase in hate speech and hate crimes, particularly in media and political discourse, noting that many groups, especially Kurds, Alevis, Romani people, LGBTI+ people, migrants, and refugees, are systematically targeted.
The memorandum also states that the murder of Hrant Dink, the Madımak Massacre, and numerous physical and verbal attacks against Kurds, Alevis, non-Muslims, Romani people, migrants, LGBTI+ people, and women demonstrate that hate crimes are not isolated incidents but a structural problem.
Rule of law and judicial independence are essential in combating hate crimes
Finally, the memorandum argues that the failure to conduct an effective criminal investigation into sexist, racist, and hate filled chants targeting Kurdish politician Leyla Zana during a Bursaspor match once again exposes the inadequacy of the current legal framework. It concludes by stressing that an effective fight against hate crimes requires a democratic state governed by the rule of law, grounded in human rights, as well as judicial independence.
Tags: human rights, women, media, life, family, trans, lgbti
