Turkey: Landmark court ruling a victory for transgender citizens of Turkey

The Constitutional Court decided to annul the legal requirement “to be deprived of the ability to reproduce” to allow gender change.

According to information gathered by Anadolu Agency correspondent, a homosexual opened a case in the Ankara 4th Court of First Instance after being unable to change their identity card due to not having had gender change surgery.

The court petition asked the court to evaluate the claim that the Turkish Civil Code’s Article 40/2 mandating the requirement of gender change surgery to change one’s identity card violated the constitution.

Ankara 4th Court of First Instance found the petition to be serious and took the file to the Constitutional Court.

The General Council of the Constitutional Court discussed the basis of the petition at its meeting. The Council rejected the annulment Turkish Civil Code’s Article 40/2 with a majority of votes stating “the court can make the necessary changes in the population registry after an official health institution confirms the gender change surgery was realized.”  

The High Court found the requirement “to be permanently deprived of the ability to reproduce” to allow gender change to be contrary to the Constitution and annulled it with a majority of votes. Read more via LGBTI News Turkey