Along with 140 civil society organisations across the EU, we are calling on EU leaders to include equality & non-discrimination as central priorities in the EU work programme for the next five years.

The European Union was founded on the principles of equality and non-discrimination. Yet too many people continue to face discrimination and inequality across the Union, including intersectional and multiple forms of discrimination in all aspects of their lives.[1] In the current climate, it is now imperative that the EU institutions strengthen their resolve to take meaningful and urgent action to address this reality.

As European Union leaders decide on their priorities for the 2024-2029 cycle, we call on them to ensure that equality and non-discrimination are included as central priorities in the EU work programme for the next five years. Only by centring equality and protection from discrimination in this way can the EU truly respond to the key concerns of people living in the Union.

The equality and non-discrimination agenda was afforded increased visibility and action during the last five years as a result of the ambitious “Union of Equality” agenda and the appointment of the first Commissioner for Equality. This led to unprecedented progress in efforts to advance equality and non-discrimination across EU policy making. Progress included the adoption of important initiatives such as the Directive on violence against women, inaugural Gender Equality and LGBTIQ Equality Strategies, an Anti-Racism Action Plan, a Green Paper on Ageing, an Action Plan on Integration and Inclusion, a Strategy to strengthen the application of the Charter of Fundamental Rights in the EU, as well as the renewal of the Strategy for the Rights of Persons with Disabilities and the EU Roma strategic framework.

At this critical juncture, it is vital that the EU continue to prioritize efforts to guarantee the founding values of equality and non-discrimination, to advance the entire package which comprises the Union of Equality, and to ensure an intersectional approach to this agenda. Failure to do so would seriously jeopardise progress in this area and mark a very dangerous step backward.  

To this end we call on EU leadership to take the following steps:

• Appoint a Commissioner for Equality and Fundamental Rights, ensuring the mandate has the power to renew and deepen the Union of Equality agenda and nominating a candidate with a demonstrated commitment to equality;
• Strengthen the Union of Equality agenda by introducing new strategies to address grounds not already covered, mainstreaming all strategies across policy areas and renewing and building-out existing equality strategies, such as the Gender Equality Strategy, LGBTIQ Equality Strategy, the EU Anti-Racism Action Plan, the Action Plan on Integration and Inclusion, the EU Strategy on the rights of persons with disabilities and the Roma strategic framework;
• Ensure the next EU budget includes robust funding streams for civil society organisations working on equality and non-discrimination;
• Ensure equality and non-discrimination objectives are also core components of EU priorities in the sphere of international cooperation, external and humanitarian action;
• Maintain the current status of the Parliament’s Committee on Women’s Rights and Gender Equality and refrain from weakening its mandate;
• Establish a Council configuration dedicated to equality in the EU and ensure concrete commitments towards implementation of equality strategies by member states;
• Establish a new Directorate-General for Equality and Fundamental Rights thereby strengthening the Commission’s ability to design and monitor equality and non-discrimination laws and policies;
• Renew and upgrade the mandates of the Commission Coordinators working on equality, ensuring a focus on intersectionality during this term;
• Entrust the Commission Task Force on Equality with a strong mandate and ensure it works transparently and in close consultation and cooperation with civil society organizations and networks.

As 143 civil society organisations with significant expertise on equality, and as representatives of groups at increased risk of discrimination across the EU, we issue this call as a testament to our solidarity with each other, and urge EU leaders to ensure that the people most affected by EU policies and legislation on equality and non-discrimination are always involved in their development and implementation.

• A Scuola Per Conoscerci, Italy
• ACCEPT Romania
• ACT Alliance EU
• AESCO (América, España, Solidaridad y Cooperación) 
• Agapanto, Italy
• AGE Platform Europe
• Agedo Nazionale, Italy
• Aidos (Italian Association for Women in Development)
• ALFI – Associazione Lesbica Femminista Italiana, Italy
• AlfiLune, Italy
• Amnesty International
• Amref Health Africa – Italy
• Anemos Dimiourgias – Greece
• ANTAMA (Greece)
• Anti-Discrimination Centre Memorial Brussels
• APRe! Associação de Aposentados, Pensionistas e Reformados (Portugal)
• ARCIGAY LGBTQIA+ Association, Italy
• ASKV Refugee Support
• Asociación de Investigación y Especialización sobre Temas Iberoamericanos – AIETI (Spain)
• Asociación Por Ti Mujer
• Association Bagdam Espace Lesbian – France
• Association Legebitra, Slovenia
• Association Liberas – Italy
• Association for Monitoring Equal Rights / Eşit Haklar İçin İzleme Derneği (Turkey)
• ASTRA Network
• ATDAL Over 40 (Italy)
• Austrian Disability Council
• Austrian Family Planning Association (OGF)
• Autism-Europe
• Avaaz
• Avocats Sans Frontières
• Belgian Disability Forum (BDF)
• Brain Injured and families European Federation (BIF)
• çavaria, Belgium
• Center for Gender Rights and Equality DIOTIMA
• Center for Reproductive Rights
• Certi Diritti, Italy
• Circolo di Cultura Omosessuale ” Mario Mieli”, Italy
• Civil Rights Defenders
• COC Nederland
• Cologne Counselling – Germany
• Confederación Sindical de Comisiones Obreras (CCOO)
• Dachverband Lesben und Alter e.V. – Germany
• Danish Family Planning Association
• Deutscher Behindertenrat (DBR)
• Disabled Peoples’ International European Region (DPI Europe)
• Doctors of the World Spain
• Društvo Parada ponosa – Slovenia
• EDGE, Italy
• EMAIZE Sexologia Zentroa – Centro Sexológico
• End FGM EU
• Epen, El Parto es Nuestro
• EuroCentralAsian Lesbian* Community (EL*C)
• European Blind Union (EBU)
• European Disability Forum
• European Dyslexia Association
• European Federation of Hard of Hearing People
• European Network Against Racism (ENAR)
• European Roma Grassroots Organisations Network (ERGO Network)
• European Sex Workers’ Rights Alliance (ESWA)
• European Women’s Lobby
• Famiglie Arcobaleno APS, Italy
• Federación de Mujeres Progresistas
• Fédération Laïque de Centres de Planning Familial (FLCPF)
• Foundation for Women and Family Planning (FEDERA)
• French Family Planning / le Planning Familial
• Fundación Aspacia
• GAMS Belgium (Groupe pour l’Abolition des Mutilations Sexuelles féminines)
• Gaynet – Formazione e Comunicazione sui temi Lgbti, Italy
• GenderLens, Italy
• General Commission for Justice and Peace of Spain
• GLAS Foundation, Bulgaria
• Haurralde Fundazioa 
• HelpAge International
• HelpAge International Spain
• Human Rights Watch
• IGLYO
• ILGA-Europe
• Iniciatíva Inakosť, Slovakia
• International Commission of Jurists
• International Dalit Solidarity Network (IDSN)
• International Disability and Development Consortium (IDDC)
• International Federation for Human Rights (FIDH)
• International Federation of Persons with Physical Disabilities (FIMITIC)
• International Institute on Race, Equality and Human Rights
• International Planned Parenthood Federation European Network (IPPF EN)
• IntersexEsiste, Italy
• Irish Family Planning Association
• Jovesólides
• Kif Kif vzw
• KISA
• Kvinna till Kvinna Foundation
• La Coordinadora de Organizaciones para el Desarrollo (Spain)
• La Strada International
• Labrisz Lesbian Association – Hungary
• LesbenRing e.V. – Germany
• Lesbian Magazine and Program Organizing Association – Hungary
• Lesbian Organisation Rijeka – LORI – Croatia
• LesWorking – Spain
• LGBT Ireland
• LGBT komiteen – The LGBT Committee, Denmark
• Light for the World
• LSVD, the Lesbian and Gay Federation, Germany
• Malta Federation of Organisations Persons with Disability (MFOPD)
• Malta LGBTIQ Rights Movement (MGRM)
• medicusmundi
• Mujeres Jóvenes de la Región de Murcia: 8 de marzo (MUJOMUR)
• Mujeres Supervivientes de Sevilla
• National LGBTI Rights Organization LGL – Lithuania
• NET.Collect – Germany
• Nőkért Egyesület / Association for Women, Hungary 
• Nothern Ireland Council for Racial Equality (NICRE)
• OII Europe
• Older Women’s Network
• PA.SY.D.Y. Pensioners Union (Cyprus)
• Platform for International Cooperation on Undocumented Migrants (PICUM)
• Polish Women’s Strike
• Possibile LGBTI+, Italy
• PRISME – Fédération wallonne LGBTQIA+, Belgium
• pro familia Bundesverband
• Quaker Council for European Affairs
• Queer Base – Welcome & Support for LGBTIQ Refugees – Austria
• Queer Sisterhood Cluj – Romania
• Quore, Italy
• Rainbow Families Croatia
• Red de Mujeres Latinoamericanas y del Caribe – España
• Rete Genitori Rainbow, Italy
• RFSL, Sweden
• Rutgers
• Save the Children
• SB Overseas
• Sdružení pro integraci a migraci (SIMI) / Association for Integration and Migration
• SEDRA-Federación Planificación Familiar
• Sensoa
• Society for Education on Contraception and Sexuality – SECS
• SolidarityNow
• Stichting LOS, Netherlands
• Terre des Femmes
• TGEU – Transgender Europe
• Toutes des Femmes -France
• Turun Valkonauha ry, Finland
• Women Against Violence Europe – WAVE Network
• Zavod Moja mavrica – Slovenia
• Zavod Transfeministična Iniciativa TransAkcija – Slovenia

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[1] Throughout the text, “equality and non-discrimination” is to be understood as encompassing equality and non-discrimination in the enjoyment of the full range of human rights, including all civil, political, economic, social and cultural rights.

ILGA-Europe, TGEU and Association Mousse welcome the opinion of the Advocate General of the Court of Justice of the European Union confirming that the French national railway company, SNCF should stop collecting its passengers’ civil titles. 

The opinion concerns a case initiated by the Mousse Association, representing 64 individuals, against France’s national state-owned railway company (SNCF) practice of forcing passengers to choose between the civil titles ‘Mr’ or ‘Ms’ when purchasing train tickets. The train company does not offer a third option. 

The case relies on the General Data Protection Regulation (GDPR)’s principles of data minimisation and accuracy, as well as the fundamental EU law principle of non-discrimination. 

Yesterday, CJEU Advocate General Maciej Szpunar said that it is not “necessary” under GDPR and that it is therefore unlawful for the SNCF to collect individuals’ civil titles. The Advocate General dismissed the SNCF’s arguments that the data collection in question is necessary to adapt its commercial communication or transport services depending on the passengers’ civil titles. 

The Advocate General also agreed with Association Mousse that processing data on civil titles creates a risk of discrimination on the grounds of gender identity for trans and non-binary people notably as other States legally recognise non-binary identities.

As such, the Advocate General’s reasoning represents a positive step forward for the rights of non-binary people, but also more broadly, for LGBTI people who do not identify within the gender binary. 

As the CJEU will now deliberate on this case, our organisations hope that the judgment will align with the opinion of the Advocate General and put an end to the misgendering and discrimination faced by non-binary people who are constantly forced to choose in their everyday lives between two options that do not correspond to their identity. Also, binary trans people, whose identity documents do not match their gender identity, will benefit from fewer mandatory forms asking for a gender marker, when it is not necessary to the service or contract at hand.

Therefore, a positive judgment would set a significant precedent for the inclusion of all gender identities in many areas of life, by requiring forms without any reference to gender markers or with inclusive options. It doesn’t take anything away from anyone, but it helps marginalised communities a lot.

Almost two-thirds (64 per cent) of trans respondents felt discriminated against in the year before the survey, followed by more than half (51 per cent) of non-binary and gender-diverse respondents, where every second respondent experienced discrimination in the same period, found the EU Fundamental Rights Agency LGBTI survey 2023. The same survey also found that 15 per cent of non-binary and 35 per cent of trans people said they experienced discrimination when they had to show their ID. In contrast, only 1% of cisgender endosex respondents reported such issues. Non-binary people make up the largest compound (65 per cent) of the trans community

ILGA-Europe and TGEU are providing support to Association Mousse and its lawyers, Etienne Deshoulières from Deshoulières Avocats and Johan Heymans, Yasmina El Kaddouri and Delphine Holemans from VS Advocaten, in this case.

ILGA-Europe

TGEU (Trans Europe and Central Asia)

Association Mousse

VS Advocaten

Read the Advocate General’s opinion here. 

In a judgement published yesterday, the European Court of Human Rights found that Russia violated the right to private and family life of a trans man and his two foster children by terminating the foster care agreement on grounds of the man’s transition. 

TGEU, ILGA-Europe, and the Irish Council for Civil Liberties, on behalf of nine fellow members of the International Network of Civil Liberties Organizations (INCLO)*, express relief over this decision.  However, we regret that the Court failed to examine and rule on an apparent discriminatory motive. 

The case concerned a Russian transgender man whose two foster children were removed from his home on account of his gender identity and transition.

Violation of the rights to private and family life

The European Court of Human Rights addressed issues under Article 8 regarding family life. The case involved the termination of custody and a foster care agreement of a trans man (and his husband) caring for two children, due to his diagnosis of “transsexualism” and change of gender identity. The Russian authorities primarily based their decision on the fact that under Russian law it is impossible for same-sex couples to be foster parents. Also, they cited societal traditions and mentality for the interference. The European Court however criticised that the overall family situation was not examined in full,  nor were the conclusions of investigating authorities considered.

The Court criticised the lack of an individualised expert examination or scientific study on the impact of gender identity changes on children’s psychological health and development. Additionally, the assessment was not balanced or reasonable regarding the competing interests involved. The Court also concluded that under Article 34 ECHR, the applicant had standing to represent the children’s interests because, at the time the application was filed, social services that were meant to be safeguarding the children’s interests were responsible for the wrongful actions in the first place. The Russian government denied this. 

A question of discrimination?

The applicant also alleged a violation of his right to non-discrimination, as protected by Article 14 ECHR. Unfortunately, the Court did not consider it necessary to explore this argument and concluded that the finding of a violation of Article 8 ECHR was sufficient. However,  Russian authorities terminated the applicant’s custody exclusively on account of the gender identity of the trans man and his decision to transition, as chamber member Judge Serghides rightly pointed out in a partly dissenting opinion to the judgement. Therefore, it is incomprehensible why the complaint under Article 14 ECHR (non-discrimination) combined with Article 8 ECHR was not fully investigated. This is a missed opportunity to develop jurisprudence on Article 14.  

TGEU, ILGA-Europe, and TLDP as well as the Irish Council for Civil Liberties, on behalf of 10 INCLO members, have respectively submitted comments in the case at the time. 

What this means for trans foster parents and their families

Russia left the Council of Europe on 16 September 2022. Therefore, the country is no longer bound by the European Convention on Human Rights. However, cases that were pending at that point are still heard by the European Court of Human Rights.

Technically, Russia is still bound to implement cases that are dated before Russia left the Council of Europe. However, in practice it is highly unlikely that trans people in Russia will benefit from the judgement as Russian authorities tend to ignore judgements from the ECtHR, even more so if they relate to LGBTI people. 

However, since the judgement is also relevant for the remaining member states, trans foster parents and their families in 46 States of Europe can refer to this judgement.

*The endorsing INCLO members are: American Civil Liberties Union (ACLU); Canadian Civil Liberties Association (CCLA); Centro de Estudios Legales y Sociales (CELS); Centro de Estudios de Derecho, Justicia y Sociedad (Dejusticia); Human Rights Law Network (HRLN); Hungarian Civil Liberties Union (HCLU); Irish Council for Civil Liberties (ICCL); Kenya Human Rights Commission (KHRC); KontraS (Commission for the Disappeared and Victims of Violence); Legal Resources Centre (LRC).

More info

• Savinovskikh v Russia judgement from 09 July 2024
• TGEU, ILGA-E and TLDP submitted joint comments in the case in 2021
• Case description on the ECtHR page
• 10 INCLO members submitted joint comments

TGEU, ILGA-Europe, Bilitis, and the Bulgarian Helsinki Committee welcome the European Court of Human Rights’ confirmation of Bulgaria’s obligation to provide for reliable legal gender recognition. However, we  regret that the Court found the individual complaint to be inadmissible.

On 4 July 2024, the Court published its decision on the revision of the Y.T. v Bulgaria case, which was originally decided in 2020.  While the Court concluded that the applicant had failed to inform the Court at the time of his success in obtaining legal gender recognition from another Bulgarian court and therefore retroactively found the case to be inadmissible, it still emphasised that Bulgaria is obliged to set up a robust legal framework for legal gender recognition (LGR), as confirmed in the later case of P.H. v Bulgaria (2022).

It is important to point out that the applicant had followed the rules and exhausted all domestic remedies in one set of proceedings and he was unable to obtain LGR.  Considering the importance of having his identity documents match his gender identity, in the circumstances where timely remedy from the Court was not clear, the applicant then resorted to seeking LGR through other courts.  While the applicant eventually successfully achieved LGR, the overall process proved that there is a lack of a quick, transparent and accessible procedure in Bulgaria.

The Court also indirectly criticised a decision from the Bulgarian Supreme Court of Cassation that effectively bans legal gender recognition for anyone in the country. 

Member of the jury, Judge Šimáčková issued a remarkable dissenting opinion. She focused on both the human impact on the individual and the systemic failings of the Bulgarian government to remedy the situation. 

TGEU, ILGA-Europe, Bilitis, and the Bulgarian Helsinki Committee jointly intervened in the case at the time and informed Council of Europe supervision authorities of the systemic failure of Bulgarian authorities to provide for legal gender recognition.

Our organisations express deep concern over Bulgarian authorities’ priorities. Instead of addressing the underlying human rights violations, the government decided to invest in having this judgement overturned. This does not change the situation at hand and does not relieve Bulgaria from its obligation to rectify it. 

The situation for trans people seeking LGR in Bulgaria is dire. 94% of trans respondents from Bulgaria said they had not changed their legal gender. Whereas, 26% would like to do so in the future. 39% said that changing legal gender was not possible in their country, according to the 3rd FRA LGBTI Survey from 2023.

In 2023, the Council of Europe Committee of Ministers (CoM ), the supervising authority in the case, expressed deep regret over the lack of action by the Bulgarian authorities to rapidly elaborate legislative amendments introducing a Convention-compliant procedure for legal gender recognition. Taking into account the gravity of the situation and the uncertainty faced by trans people in Bulgaria who want to obtain LGR, the CoM exceptionally requested Bulgarian authorities to consider the possibility of adopting interim measures to allow legal gender recognition.

Background

In the original case, Y.T., a trans man from Bulgaria, had challenged the inability to change his name and gender marker in Bulgaria before the Court in 2016 as a violation of his convention rights. In 2020, the ECtHR found that Bulgaria breached the applicant’s right to private life, as protected under Article 8 ECHR, and confirmed that there is no system in Bulgaria in place for adapting documents corresponding to CoE standards (quick, transparent, accessible).

Y.T. is a “leading case” as it pointed out a systematic problem. In another “repetitive” case, P.H. v Bulgaria, the Court confirmed its findings from Y.T.

In December 2023, the Bulgarian government requested a revision of the Y.T. case as the applicant had been able to receive legal gender recognition before another Bulgarian court while the European Court of Human Rights deliberated on the case. 

Four years after the original decision in Y.T., the Bulgarian government has still not implemented a process that ensures trans people have access to quick, transparent and accessible legal gender recognition procedures.

On the contrary, in February 2023, the Bulgarian Supreme Court of Cassation ruled that legal gender recognition is not possible in the Bulgarian legal framework.

During the implementation process, no visible signs of progress or political will are detectable.

The dissenting opinion

In her remarkable dissenting opinion, Judge Šimáčková, empathises with the human cost and the systemic adverse situation for trans people in Bulgaria. She critiques an over-formalistic and rigorous assessment by her fellow judges. She points out that the applicant was in a very distressing situation and fought not only for himself but for others in a similar situation in the country. Moreover, the applicant should not have been punished for formalistic reasons that the responsible legal representative should have known. She suggests that the Court could have instead reduced the compensation awarded to the individual and reviewed the relevant legal framework, which had at first been patchy and since 2022 completely inhibiting legal gender recognition.

More info

Find out more about the original case: https://tgeu.org/third-party-intervention-in-y-t-v-bulgaria-case/ 

2024 Decision in Revision in Y.T. v Bulgaria: https://hudoc.echr.coe.int/?i=001-234521

2020 Original decision in Y.T. v Bulgaria (french only): Y.T. c. BULGARIE (coe.int)

Joint submission in the implementation process of Y.T. v Bulgaria: https://hudoc.exec.coe.int/?i=DH-DD(2023)1015E 

Learn about the situation of trans people in Bulgaria here and here

In the work of activism, facing organised opposition and unexpected security challenges is increasingly common. To support you, we’re offering a series of webinars this July, designed to empower LGBTI activists in Europe and Central Asia in effectively navigating security challenges, enhance security knowledge and reduce concerns.

Join us for these three foundational webinars, starting 10 July:

Risk management with Alexandra Delemenchuk

Overview: Learn the fundamentals of risk mapping and management to protect your team and community.

Date & Time: 10 July, 10:00 CEST

3 hours, with breaks each hour

What we will be covering:

• The fundamentals of risk assessment
• Risk assessment in communications
• Tools and resources for self-assessment

Physical event security with Kaspars Zalitis

Overview: Gain practical insights on planning and ensuring the safety of your community events.

Date & Time: 17 July, 10:00 CEST

3 hours, with breaks each hour

What we will be covering:

• Identifying essential elements to consider for event security.
• Developing comprehensive security guidelines before conducting an event.
• Addressing security protocols in the event of venue compromise.
• Implementing post-event security measures and follow-up actions.

Data protection with Gillo Cutrupi

Overview: Understand robust digital hygiene practices to safeguard sensitive data in a vulnerable digital world.

Date & Time: 25 July, 10:00 CEST

3 hours, with breaks each hour

What we will be covering:

• Protecting visual data
• Secure data storage and management
• Protecting speakers and visible persons
• Working with vulnerable and marginalised groups

Why you should join these webinars

• To build a strong foundation for your security efforts, leading to less worry and safer spaces for your communities.
• To forge new connections, gain a realistic outlook on risk management, and free up time for other priorities while maintaining a safe and responsible working environment.

Who can apply

Groups and organisations in Europe and Central Asia at the beginning of their path or with limited resources for security expertise.

Make your activism safer and more effective. Join us this July and let’s strengthen security for your activism!

The following open letter has been jointly sent to the German government by ILGA-Europe, the European Network Against Racism, European Disability Forum and Age Platform Europe.

Dear Chancellor Scholz,

We are writing to you today as a coalition of European NGO networks working on equality and non-discrimination, representing thousands of organisations of LGBTI people, people with disabilities, racialised people, the young and older people. Together with many other human rights organisations we are very concerned  that while a large majority of EU Member States supported the efforts of the Belgian Presidency to finally ensure that the EU’s draft Equal Treatment Directive (2008/0140(CNS)) gets adopted after 14 years of stalling in the Council, it was yet again your government that blocked any progress by not lifting the general reservation.

Considering your strong commitment to advancing equal rights, as well as a clear passage in the coalition agreement that commits to supporting the broadening of anti-discrimination legislation on EU level to include LGBTI people (Überschrift Queeres Leben S.95 des Koalitionsvertrags: „Rechtsakte der EU, die gegen Diskriminierung aufgrund von Rassismus gelten, müssen künftig auch Homophobie und andere Diskriminierung umfasse“), the ongoing general reservation of your Government is cause for concern. Lifting your Government’s blockage would also be an important step to protect older persons from discrimination, another commitment made in the coalition agreement (Überschrift Senioren: “Wir werden ältere Menschen vor Diskriminierung und vor finanzieller Ausbeutung– insb. durch Vorsorgevollmachten – schützen“).

This directive, which represents one step towards more equality, has not reached agreement in the Council for 14 years now. One major blocking stone of any negotiation between Member States has been the general reservation of Germany. In 2024, people living in the EU, especially those at the intersections of inequalities are still not equally protected by law when they experience discrimination in all spheres of life because of their age, gender/sex, belief or religion, sexual orientation, disability, race or ethnic origin. For the moment, across the EU, there is a patchwork of unequal protection, with negative consequences for individuals, businesses and Member States themselves. At a time when acts of racism,  xenophobia, LGBTI-phobia and sexism are on the rise across the EU, this absence of legislative action towards more equality by EU Member States is highly problematic.

What is more, the results of the European elections on 9^th June 2024, have shown quite clearly that in many EU Member States the far-right is on the rise and upcoming national elections might further shift the majorities in the Council. Laws and policies are too often the last line of defence for minorities in our societies. In a social and political context which is increasingly polarised and makes them particularly vulnerable this is further exacerbated. However, there still is a window of opportunity now to finally adopt the Equal Treatment Directive which might close very soon if the governments of more Member States shift to the right.

Amid a surge in far-right political parties gaining seats in the new European Parliament, with gains also at national level expected, the new compositions of the European Parliament and Council will have serious consequences on EU decision making. This is a critical time for the EU and its Member States to fulfil their obligations to ensure that better protection against discrimination in all areas of live is put down in law on EU level, adding to the protection of EU fundamental rights.

For over a decade now, people across the EU hear again and again that Germany could not lift its general reservation due to disagreements in the government. Your Government has clearly committed to furthering equality and non-discrimination in Germany, at the EU level and the United Nations. After the elections in Poland, the Polish Government has changed its position on the directive, and made a very clear statement in the EPSCO on the 20 June that they want to adopt the directive as soon as possible, as did many other Member States. In the final weeks of the Belgian Presidency, the German Government has a unique opportunity to put the commitment of its coalition agreement finally into action.  

We therefore urge your Government to lift the general reservation as soon as possible.

Yours sincerely,

ILGA-Europe

European Network Against Racism

European Disability Forum Age Platform Europe

ILGA-Europe and Italian LGBTI organisations sent an open letter to Italian party leaders calling for support to the Come Out For Europe campaign and counter polarisation and rise in hate

Dear party leaders,

In May, politicians and governments across Europe marked IDAHOT – the International Day Against Homophobia, Lesbophobia, Biphobia, Transphobia and Intersexphobia. On May the 15th,  the EU Fundamental Rights Agency launched the third iteration of its LGBTIQ survey, which shows that harassment and violence against LGBTIQ people in Europe has risen significantly since

2019. ILGA-Europe’s 2024 Annual Review finds that the increase in violence and hatred towards LGBTI people is fuelled very often by politicians and officials, in an ever increasingly polarised political climate. LGBTI people’s rights and humanity are being exploited to divide societies, undermine democracy, the rule of law and human rights.

The 2024 FRA LGBTI Survey III shows that, in Italy, 61% of respondents stated that violence against LGBTI people has increased since 2019. ILGA-Europe’s 2024 Rainbow Map, published on IDAHOT, shows that Italy scores 23 of 27 EU Member States (dropping another two places this year), when it comes to laws and policies protecting the rights of LGBTI people. Italy still does not have hate crime or hate speech laws which aggravated grounds of sexual orientation, gender identity or sex characteristics, which would protect LGBTI people from violence.

Italy is currently one of the countries in the EU facing the challenge of rapidly deteriorating rule of law and democratic standards, as well as direct attacks on fundamental rights of vulnerable groups, including LGBTI people. 

On the occasion of IDAHOT day on the 17 May 2024 the Italian government refused to sign the “Declaration on the continued advancement of the human rights of LGBTIQ persons in Europe” coordinated by the Belgian Presidency of the EU, in which signatories pledged to support improved access to rights for all LGBTI people. The Italian government also did not sign the Joint ministerial declaration on the occasion of the International Day Against Homophobia, Lesbophobia, Biphobia, Transphobia and Intersexphobia, which 32 member States of the Council of Europe signed.

At a time when EU voters gather to vote ahead of the EU elections in June, it is more important then ever for politicians who support democracy, the rule of law and fundamental rights, to take a clear public stances in favour of human rights for all, including LGBTI people. Only three weeks ago, the horrendous attack on Slovak’s Prime Minister Fico, was a harsh reminder of where inciting hate and splitting societies can lead to in its extremes. 

Steps initiated and taken by the Italian government to undermine the fundamental rights of LGBTI people in Italy – from deregistering lesbian mothers in some regions, to blocking support for trans children in school and through access to health-care and the proposed changes in asylum laws – are clearly in breach of international human rights standards, such as EU law (the relevant asylum directives, as well as the non-discrimination clauses of the Charter of Fundamental Rights and EU Treaties), the case law of the European Court of Human Rights, the European Convention on Human Rights and the recommendations of the Council of Europe’s Commissioner for Human Rights. These attacks are also reminiscent of developments happening in other countries that have seen LGBTI people as an easy target for stirring up unfounded fear in order to rally voters – now clearly identified as being responsible for a extreme rise in hate across Europe and rising figures of violence, also in Italy.

It is crucial that all Italian parties address the rise in hate and violence, not only to protect the rights that all people are entitled to, but also to ensure cohesion and the respect of human rights across Italian society.  

We call on all political parties in Italy: 

• to make a clear statement in support of the ILGA-Europe Come Out campaign, which over 1000 candidates across the EU have already supported including a wide number of Italian candidates, 
• to advocate for the adoption of an ambitious second EU LGBTIQ Equality Strategy, and actively contribute to its effective implementation by mainstreaming LGBTI rights in EU internal and external policy-making.
• to propose and advocate for EU policies and laws that provide explicit protection on the grounds of sexual orientation, gender identity, gender expression, and sex characteristics, and that provide concrete responses to the needs of LGBTI people in all their diversity
• to not further play into the polarisation in society that is fuelling hate and increasing actual violence against people, 

To fully commit and implement these demands, we ask you all to activate or strengthen a continuous dialogue with LGBTI CSOs in the near future to discuss what your party can do, on local, regional and national level, to counter the attacks of fundamental rights against LGBTI people and to continue to counter polarisation and the rise in hate and violence.

Kind regards,

Chaber, Executive Director of ILGA-Europe

Together with undersigned organisations:

• ARCIGAY – Associazione LGBTI+ Italiana
• Famiglie Arcobaleno – Associazione genitori omosessuali
• C.C.O. Mario Mieli
• GAYNET – Formazione e Comunicazione sui temi LGBTI
• EDGE LGBTI+ Leaders for change
• Rete Lenford – Avvocatura per i diritti LGBTI+
• AGEDO – Associazione genitori, parenti, amiche e amici di persone LGBT+
• AGAPANTO aps. Anzian* LGBTQ+
• Rete Genitori Rainbow 
• ALFI – Associazione Lesbica Femminista Italiana
• ARCO – Associazione Ricreativa Circoli Omosessuali
• Associazione LGBT+ Quore
• MIT – Movimento Identità Trans
• Centro Salute Trans e Gender Variant – CEST
• Omphalos LGBTI
• Genderlens 
• Libellula Italia APS
• Certi Diritti
• Gender X
• NUDI 
• Dì Gay Project Tgenus

Ongoing attacks on the fundamental rights of LGBTI people in Italy, May 2024

The Italian government’s planned amendments to the asylum law which would remove protection for LGBT refugees, would breach EU law

The Italian government plans to remove the protected grounds of sexual orientation and gender identity (SOGI) from the asylum law. This would mean that LGBT refugees are no longer protected based on their SOGI status.

In addition, on March 25, 2023, the list of so-called “safe countries of origin” was updated with the addition of two more countries where homosexuality is criminalised, Nigeria and The Gambia, and without providing any exceptions for at-risk categories, such as LGBTI people. These are in addition to Tunisia, Algeria, Morocco, Senegal, and Ghana.

Under EU law, Italy has several obligations to provide protection to vulnerable groups, including those based on sexual orientation and gender identity.

Here are some of the key obligations:

• The Qualification Directive (Directive 2011/95/EU) requires member states to provide protection to refugees and persons eligible for subsidiary protection on the basis of, among other things, their sexual orientation and gender identity. Italy is obliged to implement the Directive into its national law.
• The EU’s asylum system is based on the principle of non-refoulement, which means that individuals cannot be returned to a country where they would face persecution or serious harm. This includes individuals who are at risk of persecution or serious harm based on their sexual orientation or gender identity.
• The EU’s Reception Conditions Directive (Directive 2013/33/EU) requires member states to ensure that asylum seekers have access to appropriate medical and psychological care, including care related to sexual orientation and gender identity. Italy is obliged to implement the Directive into its national law.

The government has ordered the discontinuation of transcriptions of foreign birth certificates of children born from surrogacy or artificial reproduction technology

In January 2023, the government issued a Directive instructing local authorities to discontinue the automatic transcription of foreign birth certificates of children born through surrogacy and inviting them to register only the biological parent. A second Directive was later issued, clarifying that these guidelines should also be followed in cases of children born following other artificial reproduction technology. Some prosecutors began to retroactively challenge the transcription of foreign birth certificates of children born to same-sex parents. In Padua at least 33 mothers of 37 children received notification that their child(ren)’s birth certificates, in which two women’s names appeared, were illegitimate. In many cases, the deregistration comes after many years, and the children thus ‘lose’ one mother, and sometimes their family name, from one day to the other. This exposes children to vulnerability and the loss of a number of family rights as guaranteed by the UN Convention on the Rights of the Child (UNCRC).

While the government claims that parents have a legal route to establish parentage of the second parent, namely via a special adoption procedure (“adozione in casi particolari”), LGBTI organisations have long pointed out that these procedures can take up to years, are very costly and depend on the courts, which vary from region to region.

The European Court of Human Rights has clearly ruled that Member States need to establish a mechanism to allow for recognition of the parent–child relationship for non-genetic parents, such as through adoption, and that children should not be blamed for their parents’ decisions, including about conception. In her 2023 country report on Italy, the Council of Europe Commissioner for Human Rights confirmed that the Italian procedure does not comply with the best interests of the child and reminded that even Italy’s Constitutional Court recommended the legislation be amended accordingly to ensure adoption rights for all families without discrimination. In the absence of legally ensured adoption for all, the Commissioner called on Italy to stop deregistering parents, as some prosecutors have started to do in a response to the governmental Decree.

Schools have been called upon to no longer accept the gender identity of transgender and gender variant children in education

In Italy the gender identity of trans students is not recognised by default. About 300 schools, though, have adopted a regulation to do it, called Carriera Alias. It allows (among other things) to change the name of the student in the internal documents and the school information systems. Carriera Alias, in other words, is a tool to avoid misgendering of trans and non-binary students, allowing them to use their chosen name, gender and pronouns in educational contexts. Regional Counselor of Lombardia, Giacomo Zamperini of the governing party  Fratelli d’Italia, tabled a

motion to delegitimise the Carriera Alias by defining it as “illegitimate” and as “an attack against traditional family values, promoting the gender agenda”. The motion was then rejected, however, Counselor Pietro Macconi (also from governing party Fratelli d’Italia), wrote a letter to the Minister of Education and Merit, also asking for the Carriera Alias to be reviewed, with the clear aim of seeking its abolition in educational institutions. The Minister’s response is pending.

A law has been drafted to penalise surrogacy conducted abroad with criminal sanctions

The government is considering criminalising surrogacy arrangements made by Italian couples abroad, a move they claim is in line with protecting women and “traditional family values”. But in reality there is a risk that the children concerned (especially those in a rainbow family) may lose rights if their (intended) parents are indicted. As already mentioned, this is despite the European Court of Human Rights emphasising that children should not be blamed for their parents’ decisions (about conception). In light of the understandable controversy surrounding surrogacy, these children have a right to the protection of their private and family life.

Case Careggi: an investigation threatening the lives of of transgender and gender variant youth in Italy and the important work of health professionals

On 23 January 2024 the Minister of Health started an investigation requested by Senator Maurizio Gasparri from Forza Italia, on the public service of the Careggi Hospital in Florence, regarding the administration of triptorelin, a hormone blocker, to trans youth. The investigation is an attack on trans adolescents because it puts the service administered at Careggi at risk of closing down, regardless of the fact that these treatments are considered by the professionals as “a life-saving treatment” for trans youth.

The scientific community has reiterated that triptorelin is useful to avoid the risk of exposure to depression, self-harming behaviour, eating disorders, and suicidal thoughts for  trans and gender-diverse youth. Although the right to health in Italy is guaranteed by the Constitution, the health and psychophysical well-being of trans youth is being questioned on ideological grounds, with an increasing use of anti-gender propaganda based on incorrect medical-scientific information spreading in the media. The Careggi Hospital is one of two health centres in the whole country providing triptorelin treatment for trans youth. The World Health Organisation’s revision of ICD-11, which came into force in January 2022, mandates the depathologisation of trans identities in all areas of life. However, the Italian National Health System continues forcing trans people to undertake long and costly psychotherapy paths not in line with international standards and which impede trans youth from accessing the healthcare they need to live their lives in dignity and safety.

ILGA-Europe, TGEU, OII Europe, IGLYO and EL*C jointly welcome the inclusion of SOGIGESC grounds in new EU Directive on minimum standards for equality bodies

On 7 May 2024, two new directives on minimum standards for equality bodies were officially adopted by the EU. One of the directives includes in its recitals and articles the grounds of gender expression, gender identity and sex characteristics in addition to sexual orientation. This marks the first time sex characteristics have been mentioned explicitly in an EU directive, and the second time gender identity and gender expression have been mentioned in an EU directive.¹ This is an important milestone for the protection of LGBTI people in EU legislation, and follows two years of joint advocacy on these directives by OII Europe, TGEU, ILGA-Europe, EL*C and IGLYO.

The two new directives amend existing EU laws in order to add provisions to strengthen the role and independence of equality bodies in the EU, setting minimum standards regarding their mandates, tasks, independence, structure, powers, accessibility and resources. Both directives are subject to EU primary law including the Treaties and the Charter of Fundamental Rights (CFR). Article 19 TFEU and Article 21 CFR include sexual orientation in the list of protected grounds against discrimination, therefore both new directives cover the grounds of sexual orientation as regards the mandates of equality bodies in the EU.

However, we need to go beyond this to properly address the reality of discrimination. Limiting equality bodies’ mandates to working only on the grounds of discrimination explicitly named in the EU treaties means that many causes of discrimination are left out, remaining unrecognised and therefore not properly addressed. In the case of LGBTI people, who face discrimination based on their sexual orientation, gender identity, gender expression or sex characteristics (or a combination of these grounds), not including gender identity, gender expression and sex characteristics in the mandates of equality bodies means that equality bodies cannot properly address discrimination faced by trans and intersex people. In a time when discrimination against LGBTI people is on the rise, this is a welcome move.

Together, OII Europe, TGEU, ILGA-Europe, EL*C and IGLYO advocated for references to the grounds of gender expression, gender identity and sex characteristics to be included in both new directives.

Directive 2022/0401 amends directives in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and the access to and supply of goods and services. This new directive required unanimous agreement in the EU Council. Despite references to gender identity, gender expression and sex characteristics being included in the text proposed by the European Parliament, due to opposition from a small number of EU countries, these references did not make it into the final text.

However, for the second Directive, the references did make it into the final agreed text. Directive 2022/0400 amends existing Directives 2006/54/EC and 2010/41/EU which cover the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including self-employment. This directive required qualified majority voting in the EU Council. Therefore, the references to the grounds of gender identity, gender expression and sex characteristics were included in the adopted text, in the context of the definition of a victim of discrimination:

Recital 23

“In addition to prevention, a central task of equality bodies is to provide assistance to victims of discrimination. Victims should be understood to encompass all persons who consider that they have experienced discrimination as referred to in Article 4 of Directive 2006/54/EC or in Article 4 of Directive 2010/41/EU, irrespective, for example, of their socio-economic status, political opinion, age, health, nationality, residence status, language, colour, level of literacy, gender, gender identity, gender expression or sex characteristics.”

Article 6

“Member States shall ensure that equality bodies are able to provide assistance to victims as set out in paragraphs 2 to 4. For the purposes of this Directive, ‘victims’ mean all persons, irrespective, for example, of their socio-economic status, political opinion, age, health, nationality, residence status, language, colour, level of literacy, gender, gender identity, gender expression or sex characteristics, who consider that they have experienced discrimination within the meaning of Article 4 of Directive 2006/54/EC or Article 4 of Directive 2010/41/EU.”

What’s next?

This achievement marks a milestone in the recognition of trans and intersex people in EU legislation and policy-making, and will contribute to further protection against discrimination for LGBTI people by equality bodies across the EU. We also extend our thanks to Equinet, the European Network of Equality Bodies, which led a successful campaign on these directives and supported our calls for the inclusion of the grounds of gender identity, gender expression and sex characteristics, based on the reality of discrimination against LGBTI people in the EU, as well as existing EU policy, legislation, and decisions of the EU Court of Justice. We will now work together with relevant authorities on the effective transposition of the equality bodies directives and we will continue to advocate for more comprehensive protection for LGBTI people in EU policy and legislation.

1. The first mention was in the Victims’ Rights Directive, 2012/29 ↩︎

The Court of Justice of the European Union held a significant hearing today concerning legal gender recognition for trans people in Hungary

Today, the Court of Justice of the European Union (CJEU) heard the case Deldits (C-247/23), which involves a trans refugee in Hungary who has been denied legal gender recognition (LGR) since 2021. Represented by Háttér Society and the Hungarian Helsinki Committee, the complainant, who was granted refugee status Hungary in 2014, has sought judicial review under Article 16 of the EU’s General Data Protection Regulation (GDPR).

This case raises crucial questions for the CJEU: whether GDPR mandates the rectification of personal data, including gender marker, upon request; what evidence is necessary to support such requests; and whether medical or surgical interventions must be proven.

In addition to the European Commission and advocacy groups, the governments of Hungary, France, Spain and the Netherlands participated in today’s hearing, highlighting its broader implications for LGR in Hungary.

The Budapest-Capital Regional Court’s referral to the CJEU marks a pivotal moment in the ongoing battle for trans rights in Hungary. Despite the 2018 Constitutional Court decision and the 2020 European Court of Human Rights judgement affirming these rights, the Hungarian legislature has yet to implement necessary changes. LGR for both refugees and Hungarian citizens has been banned since 2020.

According to Katrin Hugendubel, Advocacy Director at ILGA-Europe: In its final judgment, the CJEU will have the opportunity to address the discrimination faced by trans EU citizens when a gender marker that does not correspond to their gender identity is recorded in the national registrars. The case is of the utmost importance to protect the rights of trans citizens in Hungary and across the EU, notably in the context of the Hungarian ban on legal gender recognition.

The opinion of the Advocate General is expected on 12 September 2024. The CJEU’s decision is anticipated later in the autumn, and it holds significant potential to influence the legal framework for trans rights within Hungary and the broader EU.

ILGA-Europe, alongside Transgender Europe (TGEU), are providing support to Háttér Society in this case.

Read the press release by Háttér Society here.

ILGA-Europe and EL*C welcome the Council of Europe Gender Equality Strategy 2024-2029, launched yesterday in Strasbourg.

The Strategy includes a clearly intersectional approach that explicitly includes discriminations based on sex and gender and SOGIESC grounds, especially LBTI women. It also contains a commitment to leave no one behind and to achieve a gender-equal Europe for everyone. Crucially, the Strategy specifically identifies anti-gender and so-called “gender-critical” narratives as being used as tools to promote a broader agenda of opposing gender equality and women’s rights, while justifying “discriminatory practices and policies against individuals who challenge traditional gender roles and norms”.

For this reason, the Strategy adopts an intersectional approach in policies combating against violence against women and in data collection, while specific actions on LBTI women include the promotion of access to justice, actions concerning socio-economic rights and cooperation with relevant sectors and organisations to remove discrimination, sexism and gender stereotypes. The Strategy also specifically addresses the needs of GBTI men for the first time.

ILGA-Europe and EL*C, as the INGO Conference Representative to the Gender Equality Commission and an Observer of the Gender Equality Commission, respectively, worked collaboratively to achieve a strong, LGBTI-inclusive Strategy.  The work done together with Member States and the Council of Europe representatives has led to a Strategy that commits the Council of Europe to address gender equality together with the equality for LGBTI persons and other persons subject to multiple marginalisation. In the current socio-political context and with the rise of far-right and anti-gender narratives, it is key that these commitments are implemented. We will continue working with the Council of Europe and Member States to ensure this implementation in the next years.

The Council of Europe Gender Equality Strategy 2024-2029 can be found here.

Join us on June 12 and June 26 for our Skills Boost sessions designed for LGBTI activists who want to learn more about digital ads and how to use them more strategically. We have invited a digital marketing expert who specialises in nonprofits and activism, to cover:

• Various channels for paid digital ads – what are their strengths and weaknesses and how to decide where to go.  
• Focus on Meta ads (Facebook & Instagram): how they work, and how to get the best out of them.  
• The best low-budget campaigns. What to do and where to start.  
• What are the zero budget options? 
• What to do if your ads are constantly rejected (for example for being ‘political’).

At the end of the first session, the participants will receive an assignment. Everyone who completes the assignment will get individual feedback at the second session, on June 26 at 12:00 CEST. 

• Register here to join the session on June 26th (the session lasts 90 minutes): https://ilga-europe-org.zoom.us/meeting/register/tZwkdO6pqzsvG9NfbWZ1Osans_oxHAxQakUD  

Assignment for the second session

Fill out this template one-page plan for a Lead Campaign (which includes an example to give you an idea that it does not have to be super detailed or take you too much time!) and send to sho@ilga-europe.org before 10am Monday 24th June. There will be more time for questions, discussions and peer-learning, so join us even if you are not doing “homework”.

ILGA-Europe, The International Commission of Jurists and the organisation Intersex International Europe jointly file a third-party intervention before the Grand Chamber of the European Court of Human Rights in a case concerning the South African athlete Caster Semenya

In July 2023, in its judgment in the case of Semenya v. Switzerland, the Chamber of the third section of the European Court of Human Rights (ECtHR) had ruled in favour of Caster Semenya, a South African Olympic runner, finding that Switzerland had violated her right to freedom from discrimination, taken together with her rights to respect for private life and to an effective remedy had been violated.

The case had arisen from a complaint brought to the Strasbourg Court against witzerland by Caster Semenya, a South African international-level athlete specializing in middle-distance races (800 to 3000 metres).  She had refused to comply with the “Eligibility Regulations for the Female Classification (Athletes with Differences of Sex Development – the DSD Regulations)” of the International Association of Athletics Federations (IAAF, now World Athletics), requiring her to reduce her natural testosterone level through hormone treatment in order to be allowed to participate in international competitions in the women’s category, since the side-effects of such treatment were not well understood.  Her failure to comply with the DSD Regulations resulted in her being barred from participation in international competitions.

Notwithstanding the July 2023 ECtHR judgment, Semenya and many other women athletes continue to be banned from competing in sports under World Athletics regulations. Later that year, the Swiss government filed a referral request to the Grand Chamber of the ECtHR for a final ruling on Semenya’s case.  A hearing in the case will take place in Strasbourg on 15 May 2024.

Kaajal Ramjathan-Keogh, Director of ICJ’s Africa Programme, said, “The Grand Chamber of the ECtHR will have the opportunity to consider Semenya’s complaint of human rights violations and the broader question of discrimination against athletes with hyperandrogenism, a condition characterized by higher than usual levels of testosterone, a hormone that increases muscle mass and strength. Under World Athletics regulations women like Semenya, who have naturally occurring higher testosterone levels associated with Differences of Sex Development (DSD), are barred from competing – unless they subject themselves to medically unnecessary interventions to reduce their testosterone levels and conform to an arbitrary and subjective standard of femininity.”

Organisation Intersex International Europe (OII Europe), ILGA-Europe (the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association) and the International Commission of Jurists (ICJ) filed a joint submission before the Grand Chamber of the European Court of Human Rights to assist the Grand Chamber in its determination of the case. The joint submission focuses on the place of intersex athletes in competitive sports and sporting fairness for all athletes. The submission analyses World Athletics’ constantly evolving rules, which – due to their strict prerequisites – effectively limit and/or prevent the participation of intersex athletes in international sporting competitions.  Even though new regulations were issued in 2021 and again in 2023, the submission deals in chief with the 2018 regulations as these are the ones being contested before the Court.

The submission focuses on the following issues:

•          The DSD Regulations discriminate against intersex athletes on the grounds of sex within the meaning of Article 14 of the European Convention of Human Rights (ECHR), as well as on the grounds of sex characteristics – in particular, genetic characteristics – which, in turn, fall within the protective scope of the same provision. The joint interveners have provided the Grand Chamber with a comparison between the 10 December 2021 Regulations, 31 March 2023 Regulations, and the 2018 Regulations to show that World Athletics is continually restricting access to sport for intersex and other athletes without “particularly weighty and convincing reasons” by way of justification. 

•          The 2018 DSD Regulations were less restrictive than the subsequently issued rules as they only limited participation in the following races: 400m races; 400m hurdles races; 800m races; 1500m races; one-mile races; and all other Track Events over distances between 400m and one mile, whether run alone or as part of a relay event or a Combined Event. The 2018 Regulations were nevertheless discriminatory to intersex athletes.

•          The submission expands on the wider detrimental effect of the DSD Regulations on the human rights of youth, children and intersex athletes.

•          The submission makes brief remarks on the right of access to justice and the right to an effective remedy under international law and standards, including Articles 6 and 13 of the European Convention on Human Rights.

Dan Christian Ghattas, Executive Director of OII Europe, said, “The submission sets out that the 2018 DSD Regulations fall foul on sex characteristics as a ground for discrimination without ‘particularly weighty and convincing reasons’ by way of justification and, as a result, impermissibly discriminate against intersex athletes under Article 14 of the European Convention on Human Rights. In particular, the joint submission underscores the significance of the findings in the Chamber judgment establishing sex characteristics as a prohibited ground under Article 14 of the Convention.” 

According to Katrin Hugendubel, Advocacy Director at ILGA-Europe, “Despite claims from the World Athletics that the DSD Regulations will not prevent any women from competing in athletics, they have the effect of forcing some women with variations of sex characteristics to choose between undergoing medically unnecessary interventions to lower their testosterone levels or be precluded from participating in international sport. This is yet another example of discrimination faced by intersex athletes who are exposed to invasive medical examinations and interventions that have a dramatic impact on their ability to participate in competitions, and which may have life-long physical and psychological consequences.”

Background to the case

The 2019 regulations are the ones that are in question in the case, despite regulations also being issued in 2021 and 2023. Sports governing bodies argued that the 2019 regulations broke from the past 50 years of sex testing women athletes, a practice that was humiliating, degrading and discriminatory. However, the revised 2019 regulations still subjected women athletes to sex eligibility criteria that retain these negative, rights-abusing consequences.

Semenya unsuccessfully challenged the 2018 regulations in the Court of Arbitration for Sport based in Lausanne in April 2019. She then appealed to Switzerland’s highest court, the Federal Tribunal, which dismissed the case on grounds that sports regulations violating women’s rights cannot be struck down as inconsistent with Swiss public policy. They added that the DSD regulations were an appropriate, necessary, and proportionate means of achieving the legitimate aims of fairness in sport.

In its July 2023 judgment, the third section of the ECtHR found that Semenya had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since her complaints concerned substantiated and credible claims of discrimination as a result of her increased testosterone level caused by differences of sex development (DSD). It followed, particularly with regard to the high personal stakes involved for Semenya – namely, participating in athletics competitions at the international level, and therefore practising her profession – that Switzerland had overstepped the narrow margin of appreciation afforded to it in the present case, which concerned discrimination on the grounds of sex and sexual characteristics requiring “very weighty reasons” by way of justification. The high stakes of the case for Semenya and the narrow margin of appreciation afforded to Switzerland should have led to a thorough institutional and procedural review, but Semenya had not been able to obtain such a review. The Court also found that the domestic remedies available to the applicant could not be considered effective in the circumstances of the case.

The 2018 DSD Regulations require a blood testosterone level below five nmol/L for a continuous period of at least six months. The 2023 DSD Regulations, in turn, impose an even lower threshold with respect to the concentration of testosterone in the serum of relevant athletes, namely, below two point five nmo/L. In comparison with the 2018 DSD Regulations, the 2023 DSD Regulations betray an even more misogynistic nature and are a fortiori discriminatory to athletes with variations of sex characteristics. Moreover, the 2023 DSD Regulations’ restricted testosterone level does not just affect intersex persons, but also endosex (i.e., non-intersex) women in general.

In November 2023, Switzerland successfully requested a referral of the case to the Grand Chamber of the ECtHR on the grounds inter alia that Switzerland lacked jurisdiction; that the case did not involve the application of Swiss law; that the Chamber’s ruling would require a fairly fundamental review of the system of judicial review of international arbitral awards requiring alignment with the judicial review of judgments handed down by national courts and this would run counter to the aims of international arbitration and would significantly reduce the attractiveness of this method of dispute resolution.

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An opinion from the Advocate General of the Court of Justice of the European Union states that documents received in the UK by Romanian trans man must be recognised in his home country.

In a significant development regarding the rights of trans people in the European Union, the Advocate General of the Court of Justice of the European Union (CJEU) has issued an opinion calling for the automatic recognition in birth certificates of new name and gender marker acquired in a Member State.

The opinion specifically pertains to the case of Arian Mirzarafie-Ahi, a trans Romanian man facing his home country’s authorities’ refusal to recognise in his birth certificate his new gender marker, acquired further to his legal gender recognition in the United Kingdom.

Advocate General Jean Richard de La Tour said it was imperative that the Romanian state record in his birth certificate entries related to his name and gender without additional procedures. This recognition, argued the Advocate General, is essential in upholding the rights to free movement and private and family life guaranteed by the European Union.

Arian’s case, supported by the ACCEPT Association, ILGA-Europe and TGEU, marks a pivotal moment in addressing the mutual equivalence of legal gender recognition (LGR) procedures across EU Member States.

The refusal of authorities in Romania to recognise Arian’s UK-issued identity documents has left him in a precarious situation, living with two different identities. Despite being a citizen of the European Union, Arian’s ability to exercise his freedom of movement and his right to private and family life is hindered by the lack of recognition of his true identity in his home country. This discrepancy exposes him to discrimination and humiliating treatment, particularly at border crossings.

Expressing anticipation for a favourable judgment from the CJEU, Arian emphasised the significance of having his identity accurately represented in official documents. “The favourable judgment of the CJEU is extremely important for me and many other Romanian and EU citizens,” he said. “It is about respecting a fundamental civil right. I am Romanian, I am in the European Union, I am trans. My documents must represent me and be updated.”

The importance of this case extends beyond Arian’s individual circumstances. It underscores the broader issue faced by thousands of individuals whose rights are compromised due to disparities in identity recognition among EU Member States. The opinion of the Advocate General reinforces the principle that rights legally obtained in one Member State must remain valid throughout the EU.

In response to the Advocate General’s opinion, Katrin Hugendubel, Advocacy Director at ILGA-Europe, added: “The AG opinion confirms what we have been pointing out for EU institutions for quite some time: without mutual recognition of legal gender recognition from one member state to another, the right to freedom of movement is not guaranteed for trans people in the EU. We are looking forward to the judgement confirming this opinion and urge the European Commission yet again to put forward legislation that will guarantee the freedom of movement for all LGBTI people under its next term. The EU directive on parenthood recognition is a very important piece of the puzzle to ensure the freedom to reside and move across the EU for LGBTI people, but more is needed to ensure that trans people can move freely across the EU and enjoy citizenship rights on equal footing with every other citizen of the EU.”

As the CJEU deliberates on this case, there is a collective hope that the judgment will align with the opinion of the Advocate General and ensure the automatic recognition of Arian’s legal gender recognition in the corresponding entries of his birth certificate by the Romanian state. However, we hope that the Court will not take into account in its judgment the questions of “marriage and parentage” emphasised by the Advocate General in his Opinion, which are not at stake in Arian’s case.

Today, the Council of the EU officially adopted the EU Directive on combating violence against women and domestic violence

As 13 civil society organisations¹ which advocate for human rights, gender equality, and the right for all to live free from violence, we welcome this first ever binding EU legislation on this issue as a groundbreaking step.

The Directive adopts a holistic approach to combat violence against women² and domestic violence, incorporating measures relating to prevention, protection, support for victims, access to justice and prosecution of perpetrators. This achievement is the result of long-term advocacy by feminist movements and Members of the European Parliament championing the European Commission’s ambitious proposal. We extend our gratitude to everyone involved in making this Directive as strong as possible.

We applaud the fact that the Directive recognizes the perpetration of female genital mutilation, forced marriage and certain forms of online violence as crimes. Unfortunately, other forms of violence were ultimately not criminalised, including intersex genital mutilation and forced sterilisation. We deeply regret that some Member States managed to derail the unprecedented opportunity to criminalise rape with a consent-based definition at the EU level. Sexual violence against women is endemic across the EU, with widespread impunity. Consent-based definitions of rape allow for all cases of rape to be included and strengthen protection and access to justice for victims of rape. We continue to call on all Member States who have not yet done so, to move towards adopting consent-based laws.

Crucially, the Directive will require Member States to do more to prevent rape, by raising public awareness of the fact that sex without consent is a crime, through awareness raising programmes and educational materials. We encourage Member States to embrace the comprehensive prevention approach outlined in the Directive, in particular primary prevention initiatives, and to provide mandatory comprehensive sexuality education, which includes consent education and challenges harmful gender norms.

The Directive further guarantees comprehensive support to victims of violence against women and girls and domestic violence and access to both general and specialist support services, shelters, support for child victims, as well as access to comprehensive medical care including sexual and reproductive health services. This is the first time that EU law imposes explicit obligations on Member States to provide access to this essential medical care for victims of sexual violence. Member States will also have to provide training for professionals likely to come into contact with victims, on how to provide this support.

The Directive recognises that victims of violence against women and domestic violence who experience intersectional discrimination are at a heightened risk of violence, and obliges Member States to meet their specific needs. Targeting a public figure, a human rights defender, or someone for their personal characteristics will constitute an aggravating circumstance. In the implementation of the Directive, Member States must ensure that all victims and survivors of gender-based violence are protected, no matter their sexual orientation, gender identity, gender expression or sex characteristics.

However, EU lawmakers yet again silenced women impacted by EU migration policies. The only concrete step forward for migrant women is that the text requires Member States to make shelters available to all women experiencing domestic abuse, regardless of their residence status. Nonetheless we condemn that the final text does not retain provisions on protecting undocumented women’s personal data from being transmitted to immigration authorities (neither in the context of accessing shelters, nor in terms of accessing justice). Member States must ensure that women are not deterred from going to the police because of their residence status, by including access to safe reporting in the ongoing revision of the Victims’ Rights Directive.

We call on the European Commission to provide guidelines and training to Member States, based on international standards and in consultation with civil society organisations. We urge Member States to fully implement the Directive as soon as possible. Recalling that the Directive sets minimum standards, we call on Member States to go beyond these and to realise the highest standards across the EU.

We call on the European Commission to review the Directive in the next five years and to work towards comprehensive and inclusive measures to address all forms of sexual and gender-based violence without discrimination.

We, together with our members across Europe, are committed to providing our expertise, and look forward to supporting a strong implementation of the Directive, to progress towards a Europe where everyone is safe from gender-based violence.

1. Amnesty International, Center for Reproductive Rights, EuroCentralAsian Lesbian* Community (EL*C), End FGM European Network, European Sex Workers’ Rights Alliance (ESWA), Human Rights Watch, ILGA-Europe (The European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association), International Planned Parenthood Federation European Network (IPPF EN), La Strada International, Organisation Intersex International Europe (OII Europe), Platform for International Cooperation on Undocumented Migrants (PICUM), TGEU (Trans Europe and Central Asia), Women Against Violence Europe (WAVE).
   Our organisations work on a diverse range of women’s rights issues. In the drafting of this document, we have been led by the expertise of women’s rights organisations and women human rights defenders from communities most impacted by the specific forms of violence described in each section. Our commitment to the text below represents our coming together as a collective with shared values, even though not every organisation has its own policy or programme of work dedicated to each issue. ↩︎
2. Throughout this statement, the term “women” should be understood as including “women and girls”, as in the definition of “violence against women” proposed by the European Commission in the Directive, which encompasses “violence directed against a woman or a girl”.  ↩︎

The Court of Justice of the European Union is to decide on lawsuit over the lack of provision of an option for non-binary persons, which may have a far-reaching effect

On Monday, April 29, the Court of Justice will be required to answer the question: Does GDPR and European non-discrimination law require organisations to provide an option for non-binary persons in their forms?

The hearing follows a lawsuit filed by the Mousse Association, representing 64 individuals, against France’s national state-owned railway company’s (SNCF) practice of forcing passengers to choose between the civil titles “Mr” or “Ms” when purchasing train tickets. If the association wins the case, private and public organisations in the 27 European Union States will have to either stop collecting gender markers when it is unnecessary or provide an option for non-binary persons in their forms.

This would be a significant step forward for the rights of non-binary persons, but also LGBTI people who do not identify within the gender binary.

The case relies on the General Data Protection Regulation (GDPR), invoking the principles of data minimisation and accuracy and European non-discrimination law. It aims to set a significant precedent for the inclusion of all gender identities in the European Union, by requiring forms without any reference to gender markers or with inclusive options.

According Senior Strategic Litigation Officer with ILGA-Europe, Marie-Hélène Ludwig:  “The upcoming hearing is a crucial step to put an end to the misgendering and discrimination faced by non-binary persons who are forced to choose in their day-to-day lives between two options that do not correspond to their identity.”

According to Mr Étienne Deshoulières, the lawyer representing the Mousse Association: “This procedure is not only a fight against outdated forms, but a battle for the recognition and respect of each individual in their singularity. It defends the right of every person not to be trapped in the gender binary that does not correspond to their true identity. It is a question of respect for fundamental rights to self-determination, non-discrimination and the protection of personal data.”

ILGA-Europe, alongside Transgender Europe (TGEU), are providing support to the applicants and their lawyers in this case.

ILGA-Europe stands with Kazakhstan’s LGBTI Community amid Russia-style attempts to criminalise LGBTI people and their human rights

ILGA-Europe express solidarity with the LGBTI community in Kazakhstan as they face legislative proposals which will worsen the already exacerbated situation of the LGBTI community in the country. Two concerning anti-LGBTI legislative initiatives that were voiced last week by two separate groups of members of Kazakhstan’s Parliament threaten the fundamental rights and freedoms of LGBTI individuals in Kazakhstan.

The initiative by the Parliament members Aimagambetov and Ashimzhanov (both from Amanat Party) attempt to introduce a legal prohibition for mass media to write about “non-traditional sexual orientation”. In the same week, Parliament members Zhanbyrshin and Musabaev (also from Amanat party) introduced a draft amendment to include so-called “propaganda of non-traditional sexual relations” in the “discord incitement” provision 174 of the Criminal Code and to prohibit peaceful assemblies on the same ground.

Such initiatives aim to divert attention from pressing issues like natural disasters that the entire northern and western Kazakhstan has been suffering for the past few weeks, with so many villages and towns affected, and over 100,000 people relocated, as well as the nation’s worsening socioeconomic situation and rising public call for the elimination of domestic violence. We call on the Kazakhstan Government to not arbitrarily target the LGBTI community and violating the principles of non-discrimination enshrined in the Constitution of Kazakhstan.

In the past couple of weeks, according to some media reports and from information spreading in messenger chats, the Law Enforcement of Astana have been illegally raiding nightclubs, specifically targeting LGBTI people. This is demonstrative of how such anti-LGBTI discourse and initiatives directly reflect on the safety of LGBTI people.

Kazakhstan’s current legislation does not protect LGBTI people from bias-motivated crimes, places discriminatory and humiliating barriers for legal gender recognition, bans same sex marriage and adoption by LGBTI persons, among many other pressing issues. The existing provisions restricting human rights of LGBTI people and any further attempts to do so contradict Kazakhstan’s international legal commitments, including the implementation of Recommendation No. 139.48 within the Kazakhstan’s previous reporting under Universal Periodic Review cycle, which calls for creating an enabling environment for LGBTI activist groups and human rights defenders.

We are also deeply concerned about the implications of amending Article 14 of the Law on Peaceful Assemblies, which would restrict the right to peaceful assembly for the LGBTI community and other civil society actors. This move further marginalises an already vulnerable community and threatens the democratic principles Kazakhstan aspires to uphold.

ILGA-Europe denounces any attempts to introduce discriminatory legislation that targets the LGBTI community. The LGBTI community in Kazakhstan deserves legal protection and recognition without discrimination.

We urge the Parliament to refrain from any future attempts of adopting anti-LGBTI legislation, and start to engage in meaningful dialogue with civil society and expert organisations to ensure the protection of LGBTI rights. We call on Kazakhstan to uphold its constitutional duty to protect the rights of all citizens, including on the grounds of sexual orientation or gender identity.

We call upon the International Partners of Kazakhstan to join us in reinforcing the dialogue on asking the Government of Kazakhstan to work towards improving the situation with human rights of LGBTI people.

ILGA-Europe stand in solidarity with the LGBTI community in Kazakhstan and reaffirm our commitment to supporting their struggle for equality, dignity, and respect. We encourage individuals and organisations to join us in speaking out against discrimination and advocating for the rights of all LGBTI individuals in Kazakhstan.

BACKGROUND

On February 11, the Ministry of Information of Kazakhstan blocked the selftanu.kz website which aimed at raising awareness of LGBTI teenagers about their rights and providing them with information on healthcare and reproductive rights, among others. The Ministry justified its decision that the information on the website violates the norm of the legislation on preventing dissemination of information that would cause harm to the health and development of children.

On February 23, Kazakhstan’s President Tokaev signed the law preventing LGBTI people from mentoring orphans. When asked how the authorities would identify LGBTI identity of prospective mentors, the Vice-Minister of Education of Kazakhstan Natalia Zhumadildaeva stated that LGBTI people would be prevented from adopting and mentoring orphans according to these provisions. She claimed that the Ministry had developed a special psychological test for such purposes. Again these are non-scientific and inhumane approaches that contradict common sense and go against Kazakhstan’s national and international commitments to uphold human rights and non-discrimination.

On March 5 the authorities of the Almaty Mayor’s office responded to questions why it had prohibited the women’s inclusive rally dedicated to International Women’s Day marked on March 8. Almaty authorities recalled that over the past few years, representatives of feminist movements have already held authorised rallies on March 8. But officials were unhappy that during the protests the organisers and participants “repeatedly deviated from the stated topic.” They claimed that there had been numerous requests from different citizens not to allow the women’s rally, because reportedly “In appeals to them and in messages on social networks, the organisers of the rally, under the guise of the fight for women’s rights, actually promoted non-traditional values that were alien to Kazakh society such as same-sex relationships, marriages, LGBT symbols and others. And, in order to ensure the safety of participants in peaceful assemblies, in order to avoid violation of the rights of city residents and other persons, and to prevent violation of public safety by the Almaty authorities, a decision was made not to approve the rally of feminist organisations”.

On April 5, within the discussions of amendments to the Law on Mass Media, the first initiative was put forward by Parliament Members Askhat Aimagambetov and Zhanarbek Ashimzhanov (both from Amanat Party) to include provisions that would ban Mass Media from mentioning anything about LGBTI. This was followed by another more restrictive initiative on April 10 by Parliament Members Edil Zhambyrshin and Samat Musabaev (also from Amanat Party). In particular, they proposed an amendment to Article 174 of the Criminal Code (“Inciting social, national, tribal, racial, class or religious hatred”) to include criminal charges for those who break the law and publicly mention about LGBTI. Although, both provisions did not make it to the second reading of the bill and when it was passed to the upper Chamber of the Parliament. However, LGBTI activists fear these amendments may resurface as the initiators made it clear they would not withdraw their attempts to follow through.

For the past couple of weeks, according to media reports and information shared on messenger chats, law enforcement in Astana has been illegally raiding night clubs and specifically targeting LGBTI people under the false pretence of preventing illegal proliferation of drugs. Reportedly the police are also raiding private parties organised in apartments and houses, as well as nightclubs that are not specifically LGBTI-themed.

A case against Azerbaijan by a large group OF applicants who were arrested in a wave of anti-LGBTI police raids and forced to undergo medical examinations has been struck out by the European Court of Human Rights

Last week, the European Court of Human Rights decided to strike out A. v Azerbaijan and 23 other applications. The case involved a wave of police raids in Baku in September 2017 that led to the arrest, ill-treatment and forced medical examinations in detention of members of the LGBTI community.

In its decision, the Court considered that it was no longer justified to continue the examination of the applications given the Government’s unilateral declaration made in 2019, according to which it acknowledged that “there was a violation of the applicants’ rights guaranteed in the Convention” and offered to pay compensation to the applicants.

The applicants expressed deep dissatisfaction with this declaration, saying the Government’s acknowledgement lacks specificity regarding the nature and extent of the violations; the Government gave no undertaking for general measures to prevent future violations and there are no necessary provisions under domestic law for holding the perpetrators of those acts of violence accountable. This is particularly problematic as those groups kept being targeted subsequent to the 2017 arrests, in view of their perceived SOGIESC.

According to Leyla Osmanova, a victim of 2017 arrests, “The world saw it, the world knew about it. We were tortured, literally. Even a million dollars cannot cover the cost of psychological trauma, as I continue to live in fear. Although I am in a safe place now, that psychological trauma ruined my life. The court process took a long time, the decision is just a mere decision, the compensation is ridiculous.”

She added: “This event made me long for my native country. I have lost faith not in the country, but in the police and laws there.”

ILGA-Europe together with Civil Rights Defenders and REDRESS had submitted a third-party intervention in the case. Azerbaijan currently sits at the bottom of the ILGA-Europe Rainbow Map, which ranks all 49 European countries on a scale between 0% (gross violations of human rights, discrimination) and 100% (respect of human rights, full equality).

We, the undersigned equality and anti-discrimination organisations, call on the European Union’s leaders and European Institutions to ensure equality, anti-racism, and fundamental rights are a priority during the next legislative mandate.

We noted the advances in Equality which have been made by the European Union during this mandate. The appointment of the first-ever Commissioner for Equality was a welcome and much-needed initiative. It has shown that the European Commission is committed to advancing the values of equality enshrined in Article 2 of the Treaty on the European Union and to its duties under Article 10 of the Treaty on the Functioning of the European Union.

Equality and non-discrimination policies and initiatives became more visible and were addressed through several proposals such as standards for equality bodies, a Directive to combat violence against women, a legislative proposal on the European Disability Card and Parking Card, the action plan against racism, and a proposal for cross-border recognition of parental rights. These initiatives were coupled with strategies on gender equality, LGBTIQ and disability, as well as the EU Roma strategic framework and a Green Paper on Ageing.

However, the EU is far from being a Union of Equality- this is a work in progress, and right now, we witness rising backlash, racial injustice, inequality and discrimination. This needs urgent attention both at the EU and national levels.

For this, we specifically call on the European Union to put in place comprehensive legal protection against discrimination in the EU. We need to guarantee equality of treatment regardless of who you are or where you live in the European Union.

We also call on specific actions to guarantee that the European Union’s Institutions have adequate resources and staffing to prioritise and mainstream equality and non-discrimination, with special attention to vulnerable groups and intersectional discrimination:

• Appoint an EU Commissioner with a strong mandate for Equality and Fundamental Rights.
• Strengthen the European Commission’s services working on equality, non-discrimination and anti-racism, especially by establishing a new Directorate-General for Equality and Fundamental Rights.
• Revise and introduce strong strategies on all grounds under the Equality Framework beyond 2025 and ensure their mainstreaming in all policy areas.
• Ensure that the Equality Task Force has a strong mandate to ensure cooperation between different services on the implementation of the Equality Frameworks and that it works transparently and in close consultation and cooperation with European Equality networks.
• Host an annual “Equality Forum,” gathering policymakers, civil society, and other interested actors to evaluate and develop initiatives for realising a Union of Equality. The Forum should focus particularly on intersectional equality.
• Create an EU Council formation on Equality.
• Ensure the next EU budget properly funds civil society organisations working on equality, non-discrimination and anti-racism.
• Ensure discrimination is also addressed in the work of the EU in external action, international cooperation and humanitarian action.

We remind leaders that all initiatives must meaningfully involve equality organisations, anti-racism organisations and organisations representing the groups most subject to discrimination.

It is essential that the Union’s decision-making process is transparent, and organisations are properly resourced and supported to guarantee their active involvement.

It is also fundamental to ensure that staff working at the EU Institutions properly reflects the European population, not only in terms of nationality but also in terms of diversity of gender, race, ethnic or social origin, membership of a national minority, disability, age,  sexual orientation, gender identity, gender expression, and variations of sex characteristics. We call on specific action to ensure it and to guarantee training to all staff training on equality and non-discrimination.

Only by working together will the European Union truly become a Union of Equality that reflects its motto of “United in Diversity”.

The undersigned organisations remain committed to supporting the European Institutions in achieving this crucial objective.

Signatories

• European Disability Forum
• ILGA-Europe
• AGE Platform Europe
• European Network Against Racism
• ERGO Network
• OII Europe
• IGLYO
• EL*C
• TGEU – Transgender Europe

Additional Information

• Joint statement: “Building an inclusive European Union of Equality” in Word
• Joint statement: “Building an inclusive European Union of Equality” in PDF

Organisations’ work on the European elections:

• European Disability Forum: “”Building an inclusive future for persons with disabilities in the EU”
• ILGA Europe: “Come out 4 Europe”
• AGE Platform Europe: AGE Manifesto for the 2024 European Parliament elections
• European Network Against Racism: “A Europe for All”
• ERGO Network: “End Racism to build a stronger Europe”

Register here to join us at 12:00 CEST (noon), Wednesday 3 April for a Skills Boost session designed for LGBTI activists who want your organisational communications to get a bit more strategic. The session will last 90 minutes.

We will cover:

• What is a communications strategy? (and how is it different from ‘strategic communications’?) What is the point of it?
• What is the minimum that any communications strategy should cover, and what is the menu of options if we want to be a bit more ambitious?
• Hearing from two LGBTI organisations who have gone through a communications strategy process recently – and what they learned from their experience.
• A small assignment to help you get started – if you complete it then you will be invited to the follow-up session at 12:00 CEST (noon), Wednesday 17 April where you can get individual feedback from our experts and each other and go deeper.

Register here to join the session on April 3rd. 

Register here to join the session on April 17th.

On Saturday 2 March, the Party of European Socialists is gathering in Rome for their Election Congress ahead of the June 2024 EU elections to discuss their priorities for the campaign and for the future of the EU.

We are grateful that the Party has chosen Rome as the location of this important gathering, as Italy is currently one of the countries in the EU facing the challenge of rapidly deteriorating rule of law and democratic standards, as well as direct attacks on fundamental rights of vulnerable groups, all of which the Party has acknowledged as being some of the greatest challenges facing the future of the EU. The Party of European Socialists has always stood in defence of democracy, rule of law and fundamental rights, and therefore the Congress taking place in Italy is particularly significant.

In your Election Resolution adopted in December 2023, you have rightfully stated that attacks on gender equality, women’s rights and LGBTI rights are inherently linked to de-democratisation and the undermining of EU law and international standards on fundamental rights. On the occasion of your Congress in Rome, Italian LGBTI civil society would therefore like to raise your attention to the current direct attacks on the fundamental rights of LGBTI people in Italy, led by Italy’s current government. We ask the Party to shine a light on the deplorable situation unfolding in Italy for LGBTI people, and for its member parties to support LGBTI civil society in withstanding and responding to these attacks, the Partito Democratico and Partito Socialista Italiano.

1. The Italian government’s planned amendments to the asylum law which would remove protection for LGBT refugees, would breach EU law

The Italian government plans to remove the protected grounds of sexual orientation and gender identity (SOGI) from the asylum law. This would mean that LGBT refugees are no longer protected based on their SOGI status.

In addition, on March 25, 2023, the list of so-called “safe countries of origin” was updated with the addition of two more countries where homosexuality is criminalised, Nigeria and The Gambia, and without providing any exceptions for at-risk categories, such as LGBTI people. These are in addition to Tunisia, Algeria, Morocco, Senegal, and Ghana.

Under EU law, Italy has several obligations to provide protection to vulnerable groups, including those based on sexual orientation and gender identity. Here are some of the key obligations:

• The Qualification Directive (Directive 2011/95/EU) requires member states to provide protection to refugees and persons eligible for subsidiary protection on the basis of, among other things, their sexual orientation and gender identity. Italy is obliged to implement the Directive into its national law.
• The EU’s asylum system is based on the principle of non-refoulement, which means that individuals cannot be returned to a country where they would face persecution or serious harm. This includes individuals who are at risk of persecution or serious harm based on their sexual orientation or gender identity.
• The EU’s Reception Conditions Directive (Directive 2013/33/EU) requires member states to ensure that asylum seekers have access to appropriate medical and psychological care, including care related to sexual orientation and gender identity. Italy is obliged to implement the Directive into its national law.

2. The government has ordered the discontinuation of transcriptions of foreign birth certificates of children born from surrogacy or artificial reproduction technology

In January 2023, the government issued a Directive instructing local authorities to discontinue the automatic transcription of foreign birth certificates of children born through surrogacy and inviting them to register only the biological parent. A second Directive was later issued, clarifying that these guidelines should also be followed in cases of children born following other artificial reproduction technology. Some prosecutors began to retroactively challenge the transcription of foreign birth certificates of children born to same-sex parents. In Padua at least 33 mothers of 37 children received notification that their child(ren)’s birth certificates, in which two women’s names appeared, were illegitimate. In many cases, the deregistration comes after many years, and the children thus ‘lose’ one mother, and sometimes their family name, from one day to the other. This exposes children to vulnerability and the loss of a number of family rights as guaranteed by the UN Convention on the Rights of the Child (UNCRC).

While the government claims that parents have a legal route to establish parentage of the second parent, namely via a special adoption procedure (“adozione in casi particolari”), LGBTI organisations have long pointed out that these procedures can take up to years, are very costly and depend on the courts, which vary from region to region.

The European Court of Human Rights has clearly ruled that Member States need to establish a mechanism to allow for recognition of the parent–child relationship for non-genetic parents, such as through adoption, and that children should not be blamed for their parents’ decisions, including about conception. In her 2023 country report on Italy, the Council of Europe Commissioner for Human Rights confirmed that the Italian procedure does not comply with the best interests of the child and reminded that even Italy’s Constitutional Court recommended the legislation be amended accordingly to ensure adoption rights for all families without discrimination. In the absence of legally ensured adoption for all, the Commissioner called on Italy to stop deregistering parents, as some prosecutors have started to do in a response to the governmental Decree.

3. Schools have been called upon to no longer accept the gender identity of trans children in education

In Italy the gender identity of trans students is not recognised by default. About 300 schools, though, have adopted a regulation to do it, called Carriera Alias. It allows (among other things) to change the name of the student in the internal documents and the school information systems. Carriera Alias, in other words, is a tool to avoid misgendering of trans and non-binary students, allowing them to use their chosen name, gender and pronouns in educational contexts. Regional Counselor of Lombardia, Giacomo Zamperini of the governing party  Fratelli d’Italia, tabled a motion to delegitimise the Carriera Alias by defining it as “illegitimate” and as “an attack against traditional family values, promoting the gender agenda”. The motion was then rejected, however, Counselor Pietro Macconi (also from governing party Fratelli d’Italia), wrote a letter to the Minister of Education and Merit, also asking for the Carriera Alias to be reviewed, with the clear aim of seeking its abolition in educational institutions. The Minister’s response is pending.

4. A law has been drafted to penalise surrogacy conducted abroad with criminal sanctions

The government is considering criminalising surrogacy arrangements made by Italian couples abroad, a move they claim is in line with protecting women and “traditional family values”. But in reality there is a risk that the children concerned (especially those in a rainbow family) may lose rights if their (intended) parents are indicted. As already mentioned, this is despite the European Court of Human Rights emphasising that children should not be blamed for their parents’ decisions (about conception). In light of the understandable controversy surrounding surrogacy, these children have a right to the protection of their private and family life.

5. Case Careggi: an investigation threatening the lives of transgender youth in Italy and the important work of health professionals

On 23 January 2024 the Minister of Health started an investigation requested by Senator Maurizio Gasparri from Forza Italia, on the public service of the Careggi Hospital in Florence, regarding the administration of triptorelin, a hormone blocker, to trans youth. The investigation is an attack on trans adolescents because it puts the service administered at Careggi at risk of closing down, regardless of the fact that these treatments are considered by the professionals as “a life-saving treatment” for trans youth.

The scientific community has reiterated that triptorelin is useful to avoid the risk of exposure to depression, self-harming behavior, eating disorders, and suicidal thoughts for  trans and gender-diverse youth. Although the right to health in Italy is guaranteed by the Constitution, the health and psychophysical well-being of trans youth is being questioned on ideological grounds, with an increasing use of anti-gender propaganda based on incorrect medical-scientific information spreading in the media. The Careggi Hospital is one of two health centres in the whole country providing triptorelin treatment for trans youth. The World Health Organisation’s revision of ICD-11, which came into force in January 2022, mandates the depathologisation of trans identities in all areas of life. However, the Italian National Health System continues forcing trans people to undertake long and costly psychotherapy paths not in line with international standards and which impede trans youth from accessing the healthcare they need to live their lives in dignity and safety.

Conclusion

It is clear that the current government has begun a concerted attack on the rights of LGBTI people and on their ability to live their lives with dignity. The above-mentioned steps that the government is taking are clearly in breach of international human rights standards, such as EU law (the relevant asylum directives, as well as the non-discrimination clauses of the Charter of Fundamental Rights and EU Treaties), the case law of the European Court of Human Rights, the European Convention on Human Rights and the recommendations of the Council of Europe’s Commissioner for Human Rights. These attacks are also reminiscent of developments happening in other countries that have seen LGBTI people as an easy target for stirring up unfounded fear in order to score cheap political points – now clearly identified as an authoritarian tactic used for example in Russia and Hungary.

It is crucial that the Partito Democratico and Partito Socialista Italiano work closely with Italian LGBTI civil society as partners to strategically tackle these current and future attacks, not only to protect the rights that all people are entitled to, but also to stem the oncoming tide of anti-democratic manoeuvres by the current government, and to work to create a critical mass opposing these trends. We call on the Partito Democratico and Partito Socialista Italiano to propose bold and comprehensive legislative changes that would guarantee adoption rights to same-sex couples, add SOGIESC as protected grounds in the hate crime law, and ban conversion practices on LGBTI people.

We hope that this PES Election Congress can mark the beginning of a constructive and strategic cooperation at the Italian level, and that the Party can highlight the situation of Italian LGBTI people to their European partners.

In solidarity,

Signatories

• Arcigay
• ARCO – Associazione Ricreativa Circoli Omosessuali
• Associazione Famiglie Arcobaleno
• Associazione Quore APS
• Centro Risorse LGBTI
• Certi Diritti
• Circolo di Cultura Omosessuale Mario Mieli
• Gruppo Trans APS
• Gaynet – Formazione e Comunicazione LGBTI
• ILGA-Europe – the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association
• Indie Pride
• Rete Genitori Rainbow

About Get Ready!

Get Ready! is a 2-day ILGA-Europe learning event on crisis communications for LGBTI organisations in Europe and Central Asia. It will take place on 3-6 May, 2024.

By working with LGBTI movements in Europe and Central Asia, we learned that crisis communications support is a priority for many LGBTI organisations and groups in the region. We know that this year might bring new challenges for the movement. And we know that many of you are already strategising and looking into ways to stay resilient.

This learning event on crisis communications will support your organisation in preparing for specific challenges or potential disruptions related to the activities you’ve planned or foresee this year.

What you will get from the training:

• Deeper understanding on what is a communications crisis, and how your team can prepare for one.
• Experience: solidarity scenario-based exercise that will help to learn by doing.
• Deeper understanding of the challenges other organisations face and ways to deal with them.

The programme will be shared with selected participants closer to the event. Here is what you can expect it to cover:

• A chance to share the communications threats that worry you in a supportive and private environment with your peers, to be listened to, and to have supportive advice and coaching on ideas for you to implement.
• A scenario-based exercise on crisis comms that ILGA-Europe designed and piloted with a group of grantee partner organisations in 2023. In this safe, supportive scenario exercise we will roleplay together a response to a developing communications crisis based on the experiences of LGBTI activists. We will facilitate and give tips about Preparation, Monitoring, Escalation, Diagnosis, and Response, but what you choose to do is up to you. Because it is better to practise in private than be unprepared in public.
• Discussions on solidarity in crisis communications. We believe that in crisis communications solidarity and connectedness are especially important: we are often affected by each other’s communications, and peer solidarity and amplification can make our individual crisis responses more impactful.
• Signposting to further resources and the potential of more follow-up coaching after the gathering.
• Networking and mutual learning with a group of 25 LGBTI activists from across Europe and Central Asia.

At the event, we will focus on the external communications aspects of crisis situations or disruptions to our activism. Please note that working through security aspects (safety, cybersecurity, internal communications, etc) won’t be prominently featured in this event’s programme. 

Practical details

Dates: 3-6 May, 2024

• 3 May: arrival
• 4-5 May: full-day event programme, with joint dinner on 4 May
• 6 May: departure. Please note that departure in the evening of 5 May is also possible provided that you attend the whole event.

Language: English

Number of participants: 25

Location: Location will be shared with selected participants^[1]. In choosing the location, we were guided by visa regime, availability of decent travel itineraries for participants from across Europe and Central Asia, past experience of ILGA-Europe and our members in organising events there, as well as consultation with local activists.

Costs:

• ILGA-Europe will arrange accommodation in shared rooms with breakfast with arrival on 3 May and departure on 6 May for all participants;
• The programme will include joint lunches on 4-5 May, organised by ILGA-Europe, as well as a joint dinner;
• Per diem offered in cash at the event will cover the rest of the meals and subsistence on 3-6 May;
• Travel costs will be reimbursed by ILGA-Europe after the event, upon full attendance. Once your participation is confirmed, you will need to arrange your travel within the budget parameters of the event. Participants coming from organisations working without any funding and therefore unable to pre-book tickets for their delegates can be exempt from this requirement. More information will be shared with participants once the selection is made.

Accessibility:

• We aim at ensuring that this event is accessible for everyone in attendance. Please share your accessibility needs in the application form so that we can take them on board.

Trainers and facilitators

• Svetlana Zakharova, Senior Programmes Officer, ILGA-Europe

Before joining ILGA-Europe, Svetlana Zakharova worked with the Charitable Foundation Sphere and the Russian LGBT Network as a communications officer. Within ILGA-Europe, Svetlana coordinates the Strategic Communications programme.

• Sho Walker Konno, Strategic Communications Consultant for ILGA-Europe

Sho Walker-Konno is a communications coach for activists. He has coached activists in 70+ countries, for the past four years specialising in advising reproductive justice and LGBTI groups dealing with the ‘anti-gender’ opposition.  

Who is invited to apply

LGBTI organisations and groups from across Europe and Central Asia are invited to join by delegating a participant to apply for this event.

Get Ready! is meant for your organisation if:

• Your organisation/group is based and works in Europe and Central Asia^[2] and needs to build its capacity to run crisis comms in connection to specific planned activities and/ or foreseen external challenges in 2024;
• The foreseen challenge and case that you are coming to the event with is concrete and real: it can be anything from a challenging first Pride festival in a non-capital city that you or another organisation is hosting later this year, to national elections that are expected to stir anti-LGBTI sentiments;
• You can explain why your organisation expects these challenges to emerge and how new knowledge and skills can mitigate the risks;
• Your organisation and you already have some experience in or exposure to crisis communications. We do not expect any extensive expertise but rather some past experience where your organisation needed to engage in crisis comms, whether successfully or not (it can be as simple as experience of working with negative comments online);
• Your organisation has the capacity to follow up on the event and integrate new knowledge in its work; you, as the delegated participant, are supported by your organisation to dedicate time to the event, attending it in full, and to bring the knowledge back to the team.

For Get Ready! to be a truly enriching experience, we aim at bringing together a pool of diverse participating organisations and activists in terms of profiles, identities, experiences, and geography. To make sure that there is a diversity of experiences, we invite a maximum of one person from an organisation or group to apply.

How to apply

To apply, you need to complete and submit the application form to Svetlana Zakharova at svetlana@ilga-europe.org by March 10, 2024, midnight (CET). Please indicate the title of the event (Get Ready!) in the subject line.

All applicants will be informed about the outcomes of the selection process on March 20 the latest.

If you have any questions about Get Ready!, do not hesitate to reach out to Svetlana via svetlana@ilga-europe.org

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^[1] If the location affects your decision to apply, please contact Svetlana Zakharova (svetlana@ilga-europe.org), and we will let you know privately the location.

^[2] For this call Europe and Central Asia is considered to include the following countries: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, San Marino, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, United Kingdom and Uzbekistan.