It was decided that Dr. Larin Kayataş's expulsion from the medical field was illegal and that she should be given a second chance.
Due to her social media posts, Dr. Kayataş was subjected to harassment and oppression while working in a hospital in 2021, and she was suspended from performing her duties. Dr. Kayatas filed a lawsuit and appealed the judgment.
According to The Higher Tribunal's decision, Dr. Kayataş's social media posts are within the scope of "right of privacy" and are not related to the profession of medicine. Also, there is no indication that Dr. Kayataş's posts are disrupting or effecting her job. The Higher Tribunal approved Dr. Kayataş's case and canceled her suspension from her job. In the court decision, it was concluded that "... the social media posts attributed to the plaintiff are within the scope of "right of privacy", this is not about the doctor's profession, and there is no concrete determination that these posts prevents and effects her doing the job. In the face of the fact that it has been determined that it is unlawful, the legal interest of the monetary rights deprived of the plaintiff due to this transaction should be reinstrated to the plaintiff by the defendant administration.
WHAT HAPPENED?
In 2021, Dr. Larin Kayatas announced that she had been suspended from her position for a year due to disciplinary proceedings for systematic harassment and oppression. Dr. Kayataş described her experiences on his social media accounts, claiming that a hospital employee complained to the Presidential Communication Center (CIMER) the day after she was suspended because he "doesn't see her behavior in line with general morality," and that she was fired and suspended from her position for three months just one month after being hired as a result. She received a reprimand at first, according to Kayataş, who claimed that the Istanbul Provincial Health Directorate also opened a disciplinary investigation, and on September 13, 2021, she was fired from her position and her professional obligations were terminated. Dr. Kayataş stated that she was called to the defense three times during this process and being questioned: "Why did you participated March 8?", "Are you a trans woman?", "What do you mean with your tweet, 'Affix CHP's seal when the election comes'?" She stated these questions were asked. Stating that she could not work in private hospitals because her mandatory service was not completed, she was convicted to social death, Kayataş said, “All the efforts I have done alone for years have wasted. The reason is that I want to be myself, to live the lifestyle I want, to refuse the systematic pressure applied under the name of general morality and to be a woman who lives her sexuality freely,” she added. Dr. Kayataş stated that the judgement was political, a violation of human rights and unlawfulness, added "The Republic of Turkey is a democratic, secular state of law and is governed by the Constitution," and announced that she will begin a legal process against this judgement. As the investigation continues, this time, another person complained about Dr. Kayataş to the Presidential Communication Center (CIMER). In November 2021, the lawsuit brought by Dr. Larin Kayataş to have the "3-month suspension" lifted was settled. Dr. Kayataş's three-month suspension from duty by the Istanbul Provincial Health Directorate was determined to be unlawful. This choice was supported by the Higher Tribunal.
