Ministry Rejects Gender Transition Surgery of Buse, Saying ‘It is for Aesthetics’

Click to read the article in Turkish

Having cut her sexual organ as her gender transition surgery is prevented, trans inmate Buse still struggles to assume her own gender identity.

CLICK - 'I Have No Staying Power, I Want to Undergo Surgery'

The struggle of Buse started when she applied to the Tekirdağ 1st Civil Court of First Instance. She received permission from the court to undergo her gender transition surgery. However, the administration of the Tekirdağ Type F Prison did not consider the committee report presented in the court file to be adequate. The prison administration requested another report, indicating that the process of gender transition is "imperative for her mental health".

Buse took the second step in her struggle to receive this report. She was referred to the Bakırköy Psychiatric Hospital. A new report was prepared in January 2018 and it was medically concluded that "the gender transition of Buse was imperative for her mental health".

After this report, she was referred to Forensic Medicine Institution again. The 6th Specialized Board of Forensic Medicine indicated that Buse "was in transsexual form and gender transition is suitable for her mental health".

In response to a question by the Prosecutor's Office, the Forensic Medicine Institution also commented that gender transition surgeries were not categorized in the group of surgeries with vital importance or urgency.

'She can have surgery, but with her own means'

Her lawyer Eren Keskin applied to the Ministry of Health, requesting that Buse have her gender transition surgery. Court verdict and reports were also added to the application. However, in the answer of the Ministry, it was stated that the surgery could be performed if its expenses are met by Buse.

Behind bars for years, Buse was not in a financial condition to afford the surgery. She could not be operated for that reason.

Lawyer Eren Keskin took the answer of the Ministry of Health to the Administrative Court and suited for damages. This time, the answer sent by the Ministry to the court was surprising for everyone.

Because, in its answer, the Ministry of Health indicated that the gender transition surgery of Buse was for "purposes of aesthetics" and concluded that she should meet the expenses of the surgery herself for that reason.

However, the report previously given to Buse by the Bakırköy Psychiatric Hospital indicated that "she needed to have the surgery both psychologically and physiologically".

Keskin: It is against the Constitution

"Justice for Buse"

Stating that gender transition surgeries of some ordinary prisoners, some of whom were her clients, were performed and their expenses were met by the Ministry of Health, her lawyer Eren Keskin continues as follows:

"Even though there are examples of that, Buse is discriminated against. It is done in an anti-Constitutional manner. It is done against the Constitutional provision of 'Everyone is equal'.

"In the response of the Ministry of Health, it is claimed that the surgery is for purposes of aesthetics. But, she has court reports about her gender transition and the report of the Bakırköy Psychiatric Hospital which says that "her surgery is imperative for her mental health'.

'Tragicomic and transphobic'

"This attitude of the Ministry is transphobic. Considering an issue that forms the gender identity of a person to be about aesthetics is tragicomic.

"İstanbul Convention, international conventions... All these are conventions that protect people's right to gender transition. The decision of the Ministry is also against these conventions".

Lawyer Kaya: Doctors did not attend to Buse

"Justice for Buse"

Currently held in the rehabilitation center of Metris Prison in İstanbul as she cut her sexual organ, Buse's lawyer Jiyan Kaya visited her in prison and makes the following remarks to bianet:

"Buse is following the recent developments, she sees that other people are undergoing their surgeries. Therefore, she is aware that she is treated differently and subjected to discrimination.

"I visited Buse for two-three times. She says that the attitudes of some doctors are bad. She tells that when she goes to hospital, doctors examine her through documents and did not attend to her in any way.

"Doctors talk to not her, but to the gendarmerie officers who take her to hospital. She is sad about this discrimination as well.

"She is constantly saying that she has no staying power and has come to the point of suicide. She is very unhappy, hopeless and sad.

"We demand that all related authorities do the necessary and the gender transition surgery of Buse be performed". (EMK/SD)