The “persons with special needs” category includes “unaccompanied minors, handicapped persons, elderly, pregnant women, single parents with minor children, victims of torture, rape and other forms of psychological, physical or sexual violence”.[1]
In addition to the measures set out in Identification, the LFIP makes a number of special provisions regarding the reception services to be extended to “persons with special needs” including unaccompanied children. However, the additional reception measures prescribed by the law are far from sufficient.
Reception of unaccompanied children
When it comes to unaccompanied children, Article 66 LFIP orders that the principle of “best interests of the child” shall be observed in all decisions concerning unaccompanied minor applicants. According to the new Article 66(B) LFIP, all children younger than 18 shall be placed in children’s shelters or other premises under the authority of the Ministry of Family and Social Services.[2]
Unaccompanied minors can benefit from shelter assistance provided by the Ministry of Family and Social Services until they turn 18[3]. The rooms might be shared or private, the conditions vary. These shelters ensure that all basic needs, including food and clothing. A nurse is present at the facilities to monitor and attend to any health issues, and minors can be accompanied to hospitals or other health services if further medical attention is needed. Education is also supported, allowing minors to continue their formal or distance education according to their age and previous education level, with the guidance of a counselor. Additionally, these facilities provide a weekly or monthly allowance to help cover personal needs. They also organise various activities such as language courses. Unaccompanied minors have the right to apply for asylum.
There are differences between provinces in the implementation of procedures regarding unaccompanied and separated children[4].Unaccompanied children, especially male children, may face difficulties in accessing protection. If the child does not have an identity card, the Child Support Centres (ÇODEM) will help to obtain one. If the child goes directly to a PDMM, he will not obtain an ID card as he must receive a guardianship decision from a court first. However, when children go to court for the appointment of a guardian, judges say that they cannot appoint a guardian because the child is not registered and, therefore, legally does not exist. This creates a vicious circle where children remain in a prolonged state of limbo and further hinders their access to the international protection procedure. When they leave the dormitory and reach the age of 18, they can apply for an ID.
There is no clarity in Child Protection Law and its regulation. The law concerning exit procedures for refugee children staying in dormitories remained unclear. Children’s settlement is also problematic, and it is traumatizing because they are placed in dormitories by the juvenile police. Police officers often have lack of information on what to do and how to treat children. Practices change from district to district. Protection measures are taken when a child is placed in an orphanage, but a guardian is not appointed directly, which is problematic. Since the child does not have a legal representative, permission to leave cannot be obtained, even if all the other steps of family reunification are completed. PMM requires a legal representative for the child to leave the orphanage, but it is unclear who will handle the child’s exit process as no guardian has been appointed. In some institutions, this problem is solved by assigning an internal officer for the signature.[5] They are frequently detained in removal centres, where the administration of the removal centre appoints a detainee as the child’s representative. Two siblings, for instance, were detained in a removal centre, and a detained family was appointed as their legal representative. They were required to be deported along with their designated representatives were deported.[6] It is reported as a general problem that allocation of responsibility for unaccompanied minors is not clear, which causes conflicts between the provincial units of the Ministry of Family, Labour and Social Policies, children’s police and PMM and results in protection gaps.[7]
Undocumented migrants are not permitted to travel within the country. They are unable to purchase a bus ticket, even if they have been sent to another city or are staying in a hotel. When they are apprehended, they are sent to removal centres and then pushed back towards the borders. Stakeholders continued to state that unaccompanied adolescents aged 15-16 had been determined to be 18 on paper[8], while other unaccompanied children aged 12-13 were determined to be relatives of these older children and were released from child-care institutions.[9]
A study conducted with 449 unaccompanied minors in Türkiye reveals several challenges faced by these children during their migration journey[10]. Smugglers track their locations to ensure payment, causing children to avoid institutional care for fear of deportation, which makes them invisible to social services. The study highlights various issues: 15.7 percent of the children had registration-identity problems, 10 percent stayed on the streets upon arrival in Türkiye, 8 percent experienced violence during migration, and 8.8 percent reported being subjected to peer bullying.
Another research[11] reveals that refugee child protection sector experience inadequate coordination and cooperation among various actors, as well as short-term fundings, particularly during the reception phase. These challenges hinder the development of solutions for urgent protection issues like gender-based violence and child labor, as well as the establishment of a long-term, rights-based approach.
A Ukrainian businessman welcomed unaccompanied children into his hotel in Antalya. A second one is located in Eryaman, Ankara. In the one in Eryaman, minors aging from 3 to 15 have resided while children older than 15 have placed in Antalya. The accommodations operated in close collaboration with the Ministry of Family and Social Services.[12] The Ministry of Family and Social Services provides protection and care services to a total of 574 Ukrainian citizens, 418 of whom are children and 156 of whom are adults[13].
Reception of survivors of torture or violence
Survivors of gender-based violence are referred to Centres for the Elimination and Monitoring of Violence (Şiddet Önleme ve İzleme Merkezi, ŞÖNİM) which are run by the Ministry of Family and Social Services. There are other shelters managed by municipalities or NGOs.[14] In 2023, in total there are 149 women’s shelters with a capacity of 3,650[15]; 112 shelters affiliated with the Ministry in 81 provinces provided services with a capacity of 2,805; 33 women’s shelters affiliated with municipalities in 13 provinces with a capacity of 735; 1 women’s shelter affiliated with NGOs with a capacity of 20; and 3 women’s shelters affiliated with PMM with a capacity of 90. The number of existing women’s shelters, managed by the municipalities and their capacities are not sufficient[16]. In 2023, to maintain women’s shelter services in Hatay, which was affected by the earthquake, 3 containers were provided, furnishing support was given to shelters in need. There are now two dedicated facilities for survivors of human trafficking: one operated by PMM for women in Kırıkkale with 12 places, and another shelter for women operated by the municipality of Ankara with 30 places.[17] LGBTIQ+ victims can also access to these facilities. [18]
Public institutions and municipalities providing support to women survivors of violence reject requests from unregistered migrant women, registration and residential address as essential criteria hinders their access to such shelters and services. Migrant women who are not in their registered province are often denied help and told to apply to access services in their registered province, even if they are at risk of violence[19]. Other challenges can be summarised as inadequate resources, limited capacity of the shelters, lack of expertise, and language barriers (lack of interpreter support).
In most cases, the criteria for renewal of residence permits and financial support, long waiting times, and lack of interpreters can leave women and children survivors of gender-based violence unregistered. Refugees women and girls have a right to documentation, including identity papers and travel documents issued in their own names, but this is often not the case in practice since the PMM requires women to produce a certificate proving their status as married/divorced or widowed. Another approach that does not adopt gender sensitivity is that divorced or widowed women must prove that they are divorced or widowed to receive the Türk Kızılay Card.
Due to language barriers, access to justice can be particularly challenging for women. They receive legal notifications in Turkish, not in their native languages. Additionally, women may fear of accessing the justice system and the loss of their status and rights[20]. The cancellation of social support and social cohesion programmes increased refugee women’s social isolation and exposed them to domestic violence. Even greater obstacles exist for women refugees from vulnerable groups, such as sex workers, to access health services, for instance, they often lack access to sexual health information, health care facilities, HIV testing centres, and counselling services.[21] Asylum-seeking women, especially single women, may be exposed to discrimination on the grounds of gender, especially in finding a rental house, taking part in social life, and accessing labour market[22]. Fear of deportation leads to underreporting of GBV cases, law enforcement’s negative attitudes further complicate complaint processes and the tendency to hide child marriages in refugee communities also pose significant barriers to addressing GBV[23].
During the post-earthquake period, increased instances of child and forced marriages, difficulties in accessing sanitation and hygiene facilities, and the need for measures against sexual exploitation and abuse were identified[24]. Those affected by earthquakes face increased gender-based violence risks, marriage sometimes seen as a security measure, including for children.
Under the collaboration between the Istanbul Metropolitan Municipality (İBB) and the Istanbul Bar Association, lawyers will be available on specific days of the week at the Municipality’s Women’s Centres to provide legal counseling services to combat violence against women. The İBB, which has been offering a 24/7 Women’s Support Line[25] in multiple languages – Turkish, Kurdish, Arabic and English- will now provide free legal counseling at three of its Women’s Centres—Esenyurt, Gaziosmanpaşa, and Ümraniye—and refer women needing legal representation to the Bar Association’s Legal Aid Office.
ASAM-SGDD provided counselling to Ukrainian and Russian victims of gender-based violence in their access to health care or permit processes.[26] The Project “Providing Legal Support and Assistance for Vulnerable Migrants in Türkiye”[27], implemented by ASAM and funded by ECHO, seeks to enable the identification of vulnerable asylum seekers and migrants in need in the provinces of İstanbul, İzmir, Balıkesir, and Van.
Reception of LGBTQI+ persons
LGBTQI+ persons are not mentioned as a category of “persons with special needs” in the LFIP.
In 2023, the trend of referring LGBTQI+ international protection applicants to specific cities where communities were known to be more open and sensitive to this population, such as Eskişehir, Denizli and Yalova, changed, as these provinces are closed for registration. In addition, stakeholders indicated that LGBTQI+ individuals, including transgender persons, could be referred to Çorum, Elazığ, Erzurum, Yozgat, Kayseri, Niğde, and Hakkari where the refugee population is smaller, and where the local population is more conservative comparing the cities they were referred to in the past. Vulnerability was not taken into consideration during the referral process.[28] LGBTIQ+ individuals face threats and risks due to a lack of supportive NGOs in smaller provinces[29]. They face challenges when they request to change cities, the risk of attack is not considered as valid reasons to be relocated. There were some cases when they were referred to other provinces after physical attacks[30]. LGBTQI+ refugees are among the groups prioritised to be resettled in a third country.
Many of the challenges in accessing health services which were highlighted in the report published in 2021[35] remain the same in 2023, such as language barriers, lack of translators, bureaucracy, complex healthcare system and hospital layouts, LGBTQI+ phobia, discrimination, and racism, insufficient education about LGBTQI+ issues, and HIV phobia and stigmatisation experienced by refugees living with HIV.
Refugees living in Türkiye have the right to gender/sex-reassignment surgery, just like every citizen living in the Republic of Türkiye but must be legally resident under Temporary Protection or International Protection. In the absence of these, the person can start the process with a passport, and if there is no proof of legal stay in Türkiye, the person can start the process with a passport and an official document proving that they are staying in Türkiye legally. In addition to this, the person must be 18 years old and unmarried, either single or divorced.
Refugees face several barriers to accessing this type of service. Firstly, there is a language barrier when a lawsuit needs to be filed. Without an interpreter, the process takes longer and becomes more difficult. Secondly, as the process progresses, individuals are transferred to training and research hospitals in big cities. This requires frequent travel, leading to significant travel and accommodation expenses[36], which they must cover themselves. During the psychiatric observation period that lasts for six months to two years, there are language barriers and translator difficulties. When hormone therapy begins, the medication costs are not covered. Additionally, surgeries are very expensive[37]. In public hospitals, the GSS covers the cost of certain surgeries, such as vaginoplasty and testicle removal, but applicants must pay for the remaining cost.[38] The United Nations High Commissioner for Refugees provides monthly financial assistance of 2,300 TRY for transgender and intersex refugees.[39]
In addition, transgender persons who start or are undergoing gender reassignment process may face obstacles in securing treatment due to hospitals’ limited familiarity with this field, as well as restricted financial capacity to afford hormones which are not covered by social security. The gender reassignment process can only be carried out in certain cities in Türkiye where there are hospitals having specialised services for this process. Under the management of Positive Living Association and with the financial support of UNFPA, a new project enabling the purchase of prescribed hormones from pharmacies for up to three months. In addition, the project provides a one-time payment for a doctor’s appointment for GSS recipients whose GSS got deactivated due to the one-year rule, if the applicant encounters difficulties in accessing an appointment due to language barriers or gender-based discrimination.[40] Red Umbrella Sexual Health and Human Rights Association provides legal information to those who wish to file a lawsuit or seek information about the process, this includes details about the legal procedure and how to obtain legal support.
If refugees are unable to undergo this process in the provinces they registered in due to the lack of facilities, it is not accepted as a reason for relocation. Undergoing the gender transition process is not considered a valid reason for changing their residence permits[43]. For instance, transgender residents of Denizli are required to obtain a travel permit to attend the hospital regularly in Izmir.[44] Medical records from hospitals need to be used to obtain travel permit via E-Devlet (an online platform to access public services).[45] In practice, travel permits are granted for this purpose without any major problems. However, they might encounter some problems with accessing information due to the lack of social network, referrals from the hospital, covering their travel and accommodation expenses[46]. For transgender people in the transition process who reside in small cities, obtaining travel permits to receive treatment at hospitals specialising in this field, which are primarily located in Izmir, Ankara, Istanbul, Adana, and Mersin, remains quite difficult, especially due to the cost.
In 2023, courts reportedly issued rulings in favor of transgender persons’ transition processes access to hormone therapy, and name changing procedures. However, applications are made to the courts to correct the gender information in their IDs, the courts usually give negative decisions on the grounds that the person is not a Turkish citizen.[47]
Reception of persons living with HIV
People living with HIV are not explicitly identified as a group having special needs in the LFIP. However, PMM has classified individuals living with HIV as chronic disease holders, and as a consequence, international protection holders can continue receiving the necessary medical services one year after registering. Few NGOs deal with the needs of this group such as Positive Living Association in İstanbul (Anatolian / European sides), Yalova, Denizli, Mersin, Eskisehir and Red Umbrella Sexual Health and Human Rights Association in Ankara. In 2023, for applicants with HIV, in general courts ruled that the applicant’s GSS registration must be reactivated due to the applicant’s special needs. Since 2021, Positive Living Association and Red Umbrella Sexual Health and Human Rights Association have provided prescription assistance to HIV+ individuals for up to three months, or six months in exceptional circumstances. The reason behind the need for assistance is the significant delay in reactivating the health coverage of international protection applicants after a year. Since there should be no interruption in this form of treatment, these two organisations, with UNFPA funding, started providing assistance to the applicants. In addition, the stigma against refugees living with HIV is quite persistent and they are blamed for the rising number of HIV cases in Türkiye. Lack of access to contraceptives is a further obstacle to their sexual safety. To combat this issue, the Positive Living Association and Red Umbrella Sexual Health and Human Rights Associationhave been distributing condoms and conducting trainings on sexual health and safety. Furthermore, they refer some applicants to testing centres because they believe the number of refugees living with HIV to be higher than the actual figure.[48] Positive Living Association started a new project in 2023 aiming to empower people living with HIV and support their capacity building through counseling and up-to-date HIV information[49].
NGOs also helped Ukrainians living with HIV present in Türkiye. They primarily provided services in Istanbul and Antalya, but as of late 2022, they started to leave Türkiye. The majority of this profile legally resides in Türkiye on a temporary or permanent residency basis.[50] ASAM provided translation assistance to vulnerable Ukrainians, such as persons living with HIV, LGBTIQ+ and the elderly.
[1] Article 3(1)(l) LFIP.
[2] Law No 7196 amending several acts, 6 December 2019, in Turkish here.
[3] Information Portal for Refugees in Turkey, Rights and Procedures for Unaccompanied Minors, available here.
[4] Ulusal Koruma Çalışma Grubu, Ortak 3RP Koruma Sektörü Çalıştayı, 2-3 Ağustos 2023
[5] Information provided by various stakeholders, May-June 2023.
[6] Information provided by a stakeholder, May 2023.
[7] Information provided by various stakeholders, June 2023.
[8] Information provided by stakeholders, March – April 2024.
[9] Information provided by various stakeholders, May 2023.
[10] Bianet, “Refakatsiz çocuklar sosyal hizmet radarının dışında kalıyor”, 22.03.2024, available here.
[11] Mencütek, Karal, and Altıntop, 2023, Governance of Refugee Children Protection in Turkey: Between Vulnerability and Paternalism, Politics of Subsidiarity in Refugee Reception, eBook ISBN9781003369417
[12] Information provided by a stakeholder, March 2023.
[13] T.C. Aile ve Sosyal Hizmetler Bakanlığ, Faaliyet Raporu 2023, available here.
[14] Ministry of Family, Labour and Social Services, Şiddet Önleme ve İzleme Merkezi, available in Turkish here.
[15] T.C. Aile ve Sosyal Hizmetler Bakanlığı, 2023 Faaliyet Raporu, available here.
[16] Information provided by stakeholders, March – April 2024.
[17] PMM, Victims of human trafficking, available here.
[18] Information provided by a stakeholder, June 2023.
[19] GAR, Çoklu Kıskaç Altında: Göçmen ve Mülteci Kadınların Sorunları Üzerine Güncel Bir Değerlendirme, GAR-RAPOR NO:10, available here.
[20] Information provided by stakeholders, March – April 2024.
[21] Information provided by various stakeholders, May-June 2023.
[22] Information provided by stakeholders, March – April 2024.
[23] Ulusal Koruma Çalışma Grubu, Ortak 3RP Koruma Sektörü Çalıştayı, 2-3 Ağustos 2023 & Information provided by stakeholders, March – April 2024.
[24] Ulusal Koruma Çalışma Grubu, Ortak 3RP Koruma Sektörü Çalıştayı, 2-3 Ağustos 2023 & Information provided by stakeholders, March – April 2024.
[25] Kadın Destek Hattı, available here.
[26] Information provided by a stakeholder, March 2023.
[27] ASAM, project available here.
[28] Information provided by a stakeholder, June 2023 & Information provided by stakeholders, March – April 2024.
[29] Information provided by stakeholders, March – April 2024.
[30] Information provided by a stakeholder, March 2024.
[31] KAOS GL, “Mülteci LGBTİ+’ların talep ve eleştirileri Eskişehir’de konuşuldu”, 10/10/2023, available here.
[32] Ulusal Koruma Çalışma Grubu, Ortak 3RP Koruma Sektörü Çalıştayı, 2-3 Ağustos 2023.
[33] Information provided by a stakeholder, June 2023.
[34] Information provided by a stakeholder, June 2023.
[35] AIDA Turkey, 2021, available here.
[36] Information provided by a stakeholder, March 2024.
[37] Information provided by a stakeholder, March 2024.
[38] Information provided by a stakeholder, June 2023.
[39] Information provided by a stakeholder, June 2023.
[40] Information provided by a stakeholder, June 2023.
[41] Information provided by a stakeholder, June 2023.
[42] Information provided by a stakeholder, June 2023.
[43] Information provided by a stakeholder, March 2024.
[44] Information provided by a stakeholder, June 2023.
[45] Information provided by a stakeholder, June 2023.
[46] Information provided by a stakeholder, March – April 2024.
[47] Information provided by a stakeholder, March 2024.
[48] Information provided by a stakeholder, June 2023.
[49] Positive Living Association Projects, available here.
[50] Information provided by a stakeholder, June 2023.