The European Court of Human Rights (ECtHR) has agreed to hear two cases brought by Kaos GL, a LGBTI+ rights group, concerning bans on LGBTI+ marches and events in Turkey. The cases, which have been combined into a single review, challenge restrictions imposed by Turkish authorities in 2016 and 2017.
Kaos GL initially petitioned the ECtHR after the Ankara Governor's Office banned a march against homophobia in 2016 and imposed an indefinite ban on all LGBTI+ events during the state of emergency in 2017. The organization argues that these bans violate fundamental rights, including freedom of assembly, freedom of association, and the prohibition of discrimination.
The ECtHR has begun its examination by questioning whether the ban on the 2016 march violated the right to peaceful assembly and whether the restrictions were legally justified and proportionate. The court also inquired whether Turkish authorities had taken the necessary steps to ensure the march could take place safely rather than imposing a blanket ban.
Legal basis for the bans
Additionally, the ECtHR has asked Turkey to clarify the legal basis for the indefinite ban on LGBTI+ events imposed during the state of emergency from July 2016 to June 2018. The court is investigating whether this decision unlawfully hindered Kaos GL’s ability to pursue its legitimate goals and whether it amounted to discrimination.
Turkey has until Oct 1 to respond to these questions or to indicate its stance on reaching a friendly settlement in the case.
Kaos GL emphasized that although the indefinite ban was lifted in 2019, the damage caused by the violation of rights during that period must be addressed. The organization also highlighted that while the state of emergency was declared for three-month periods, the ban on LGBTI+ events was indefinite, exacerbating the harm to both the LGBTI+ community and related organizations.
In its application to the ECtHR, Kaos GL argued that even during a state of emergency, states cannot take measures that are discriminatory in nature. (TY/VK)
