Sexual Minority Public Officials' Dismissals Based on Disgraceful and Shameful Act Under Public Officials Laws

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Selin Altay MSc Thesis (10515242).pdf

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2022-12-30

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Altay, Selin

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Law as a state apparatus uses oppression to legitimize itself. This oppression can be the result of certain provisions direct impact on an individual, but it can also be the result of the uncertainty that is created by a provision. Legal certainty is a principle that is accepted not just by jurisprudence in Turkey but by every legal culture around the world. Legal certainty entails that the individual subjected to law should know which concrete action and phenomenon are subject to which legal sanctions or consequences. Although legal certainty is protected under the second article of the Constitution in Turkey, some provisions still are unconstitutional. This thesis concerns the uncertainty that is created by Civil Servants Law No. 657 and General Law Enforcement Bodies Discipline Law No. 7068. These laws involve provisions concerning a public official’s dismissal based on disgraceful and shameful behaviour and unnatural [sexual] act. While failing to directly involve what disgrace, shame and unnatural entails, these provisions are a source for discriminatory dismissals of sexual minority public officials. To reveal this, this research involves in-depth interviews with LGBTI+ and cisgender heterosexual women public officials who have been dismissed based on disgraceful and shameful behaviour and unnatural [sexual] act; and an analysis of cases concerning the abovementioned provisions. The research argues that legal institutions and state uses these provisions to police and manage sexual minorities in the workplace. It aims to create a uniform public official and punish those who do not comply with the government standards.

Subject Keywords

legal certainty, sexual minorities, feminist legal theory, queer legal theory, public service

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https://hdl.handle.net/11511/101276

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Graduate School of Social Sciences, Thesis

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Citation Formats

S. Altay, “Sexual Minority Public Officials’ Dismissals Based on Disgraceful and Shameful Act Under Public Officials Laws,” M.S. - Master of Science, Middle East Technical University, 2022.