Issuance of Protective Orders for Transgender Victims of Violence

Pursuant to Law No. 6284 and relevant legislation, transgender individuals who are victims of violence may seek protective orders within the scope of rights guaranteed by the Constitution and the European Convention on Human Rights; such an order constitutes a preventive and deterrent mechanism of justice against violence.

It is observed that transgender individuals are victims of violence in their lives, perpetrated by persons such as their relatives, partners, or neighbors. Due to the nature of social relationships, violence most frequently occurs within an individual's immediate environment. In this context, it is common for transgender individuals to repeatedly face incidents of violence within the family. However, domestic violence is not merely a private dispute but also a matter of justice concerning public order. Violence is not confined to the family but also manifests in neighborhood and social interactions. Indeed, societal prejudices lead to the violation of transgender individuals' fundamental rights and create victimisation. Thus, the establishment of justice necessitates protecting not only individual safety but also societal peace. In such cases, the protective measures provided by legislation are essential for transgender individuals to exist safely in daily life. Conversely, the non-application of these measures harms the rule of law concept for not only individuals but society as a whole. Consequently, the violence experienced by transgender individuals is not merely a personal issue but rather a test of social justice.

In a legal sense, violence is not limited to physical violence but also encompasses verbal violence or psychological violence leading to psychological harm. The legislator has not considered violence to be limited solely to bodily assault; it has also included insult, threat, and psychological pressure within the scope of this concept. This broad definition is essential for the protection of rights and the establishment of justice. Indeed, the violation of human dignity is also considered within the concept of violence. Conversely, a narrow approach focusing solely on preventing physical assaults would disregard the emotional trauma experienced by transgender individuals. However, it has been demonstrated in detail that the harm caused by psychological violence can sometimes be more devastating than physical assaults. This situation highlights the importance of comprehending the true nature of violence in its broad dimensions. Therefore, the breadth of the legal definition of violence enables the effective protection of transgender individuals. Consequently, the provisions of the Constitution concerning fundamental rights and freedoms, along with Articles 3, 8, and 14 of the European Convention on Human Rights, reinforce this area of protection. In conclusion, the independent recognition of various forms of violence by the legal system is self-evident for the establishment of justice.

In such situations, while the acts of violence committed may be subject to criminal proceedings or civil actions for pecuniary and non-pecuniary damages, it is necessary to seek preventive measures as swiftly as possible before these stages commence.

The primary objective of protective measures is to prevent potential harm before it occurs. Indeed, criminal proceedings or civil actions for damages are processes initiated after incidents of violence have taken place. Conversely, a preventive measure is a mechanism that can be swiftly implemented to avert incidents of violence, thereby enabling the timely administration of justice. Specifically, while criminal and damage lawsuits involve lengthy and arduous judicial processes, preventive measures can be obtained expeditiously. Thus, in urgent situations necessitating the protection of an individual's life safety and fundamental rights, a preventive order serves a life-saving function. Therefore, the issuance of preventive measures enhances the effectiveness of the justice system. It is of paramount importance that transgender individuals subjected to violence avail themselves of this opportunity as soon as possible. For instance, a restraining order issued by a court in response to an incident of threat or stalking prevents a more severe act of violence from occurring. Consequently, preventive measures play a fundamental role in protecting the rights of victims of violence.

When transgender individuals become victims of violence, they may request a protective order under Law No. 6284; this order provides legal protection and creates a deterrent effect against violence. Although Law No. 6284 was enacted to combat domestic violence and violence against women, by its very nature, it offers a protection mechanism encompassing all individuals. This law is specifically designed to guarantee rights and ensure justice. Consequently, it is self-evident that transgender individuals also benefit from the protective measures provided under this law. Specifically, a protective order is functional not only against physical assaults but also against verbal threats, pressures, and forms of social exclusion. However, in practice, this matter is often narrowly construed, and it is believed to be a safeguard limited solely to actual assaults. Yet, the possibilities provided by the legislation encompass a much broader scope of protection.

Therefore, the application of Law No. 6284 is not limited solely to the safety of individuals but is also a manifestation of society's adherence to the principle of the rule of law. Consequently, a transgender individual's request for protection in cases of violence is not merely an individual right but also a requirement of public order. For instance, the protective orders issued have a deterrent effect on the perpetrators' behavior.

Whether transgender individuals have initiated or completed their gender affirmation process, it is a legal right for their requests for protection to be met when sought under their Constitutional rights and the European Convention on Human Rights, to which our State is a party. The provisions of the Constitution concerning fundamental rights and freedoms provide equal guarantees for every individual. Within this scope, the protection of transgender individuals from discrimination based on their identity is a requirement of justice and equality. However, while prejudices still exist in society, the legal system, on the contrary, offers safeguards against these prejudices. Specifically, Article 8 of the European Convention on Human Rights guarantees the protection of private life, and Article 14 ensures the prohibition of discrimination. Consequently, a transgender individual's request for protection in cases of violence is based not only on national legislation but also on international law. These acquired rights cannot be overlooked. Therefore, a transgender individual's request for protection against violence is not merely an individual pursuit of rights but also a manifestation of the state's international obligations. In conclusion, these requests for protection are legitimate, mandatory, and self-evident from the perspective of both domestic and international law.

Pursuant to both Law No. 6284 and Regulation No. 28532 concerning the implementation of this law, transgender individuals who are victims of violence may apply for a protective order. When a protective order is issued, it is served upon the opposing party by law enforcement agencies, thereby acting as a deterrent for the opposing party. This is because a penalty of imprisonment is stipulated if they continue their actions. The Regulation details the provisions stipulated in the law, thereby concretizing the nature of protective measures. During this process, cooperation between law enforcement agencies and judicial authorities ensures the functionality of the justice system. Naturally, the service process holds significant importance for deterrence. Specifically, the notification of the order to the recipient causes the perpetrator to reconsider their behavior and cease their actions. Indeed, the notice regarding facing imprisonment in the event of violating the order is clear and unequivocal. This situation both ensures individual safety and reinforces the authority of law in society.

Therefore, Law No. 6284 and the Regulation assume a vital function in preventing incidents of violence from escalating to more severe dimensions. Consequently, the swift implementation of these measures by law enforcement agencies is indispensable for the establishment of justice. For instance, a served restraining order often prevents a more severe assault.

Within the scope of a protective order, preventive measures such as exclusion from the home, a warning and prohibition against acts of insult and threat, a prohibition against approaching the place of residence, and a prohibition against communication are issued. In the event of a violation of the protective order, a sanction of imprisonment for non-compliance, to be determined by the Court, shall be applied against the opposing party who violates the order. In countless cases, these measures have been observed to prevent incidents from escalating to more serious and risky dimensions. The variety of these measures creates a protective umbrella encompassing different dimensions of violence. Indeed, violence is not solely comprised of physical assaults; behaviors such as insult, threat, and stalking can also leave severe impacts on victims. Conversely, this variety demonstrates the holistic protection approach of the legislation. Specifically, imprisonment for non-compliance is a significant sanction that enhances the binding nature of the protective order. The perpetrator facing the threat of imprisonment upon violating the order is one of the strongest indicators of deterrence. Consequently, the reality that these orders issued by courts are not merely theoretical but are actually effective is observed in detail in numerous case files.

Protective measures are important for transgender individuals not only for individual safety but also for the functionality of justice and the legal order. Therefore, the sanctions applied in the event of a violation of the issued orders guarantee the seriousness of the law and the safety of society.

In this process, there is a legal benefit in proceeding with an expert attorney and in professionally monitoring the process to achieve the fastest and most effective results. The guidance of an attorney ensures that transgender individuals fully benefit from the rights provided by the legislation. Indeed, the complexity of legal processes can lead to individuals suffering a loss of rights without professional assistance. Conversely, an expert attorney contributes to the swift administration of justice by correctly managing the course of cases. Specifically, an attorney not only prepares the petition but also monitors the implementation of the protective measure and ensures that law enforcement agencies fulfill their obligations. Thus, the professional management of the process serves the actual protection of rights. Consequently, this support constitutes a vital safeguard for transgender individuals.