Gender and sexual orientation as part of prohibition of discrimination

Principle of equality and prohibition of discrimination are fundamental terms that human rights law is established on. In this study, groups being subject to discrimination due to gender, gender identity or sexual orientation in a way that against to principle of equality are evaluated under the title of 'sexual minorities' in two different perspective. In this study, gender being starting point necessitates to take consideration of different sexual orientations and sexual identities and investigate the discriminatory behaviour to these groups. While gender based discrimination is viewed from the perspective of women who are victims of inequality between genders, other groups being subject to discrimination because of their sexual orientation are approached from different perspective. Gender and gender orientation based discrimination occurs in every aspect of life in various ways. Homophobia, hate speech, sexual abuse, violence against women and sociological and psychological perspective of gender orientation based discrimination are leaved out of the scope. The core of the study is the examination of the discrimination based on gender and sexual orientation as part of European Convention of Human Rights and examinations of European Court of Human Rights and Turkish Institutional Court desicions regarding this subject. Accordingly, in the first part, the connection between principle of equality and prohibition of discrimination is evaluated and in the second part, as the base of discrimination gender and sexual orientation are treated. In the third part, European Convention of Human Rights Article 14, Protocol No 12 to the Convention which includes prohibiton of discrimination regulations and articles being related to European Court of Human Rights decisions are evaluated with examples from European Court of Human Rights decisions. In the last chapter, within the frame of Turkish Institutional Court's approach of principle of equality, based on gender and sexual orientation decisions regarding discrimination are mentioned.