Amid political turmoil, war, social issues and cultural changes, Pride celebrations in Europe continue to demonstrate the resilience and determination of LGBTI communities

Today, on the eve of EuroPride in Thessaloniki, we are highlighting a number of significant Pride events on the continent, and one clear message shines through: LGBTI people are persisting in asserting their right to assemble and freely express themselves, thereby firmly establishing their presence in society. Pride events not only celebrate identity and diversity but also serve as critical platforms for political engagement. They amplify the voices of LGBTI people across Europe, who continue to push boundaries and demand their rightful place in society. Here are just a few of the thousands that have and will happen across Europe this year, in places where challenges are acute.

Kyiv Pride, Ukraine

Kyiv Pride 2024, on June 16, took place amidst challenging circumstances, reflecting the determination of Ukraine’s LGBTI community. Despite facing a cap on participation and heightened security measures, over 500 people marched through the streets of the capital to advocate for partnership recognition and protections against hate crimes. The event occurred against a backdrop of ongoing war, underscoring the urgent need for legislative reforms to safeguard LGBTI rights in Ukraine. Despite tensions and counter-protests, Kyiv Pride 2024 stood as a powerful assertion of the community’s right to freedom of assembly and expression.

“We took only a few steps, we made this painful compromise for the sake of safety and in order to revive the tradition and make a powerful and open Kyiv Pride March next year.” – Anna Sharygina, lead organiser of KyivPride.

La Pride des Banlieues (The Pride of the Suburbs), La Courneuve, France

La Pride des Banlieues happened in La Courneuve on June 22, representing LGBTI people from French working-class areas, many of whom are racialised. The group has been organising the Pride for several years in Saint-Denis. This year, however, the municipalities denied permission to march in Saint-Denis because of preparations for the Olympic Games in the city. Due to a last-minute relocation from its original venue and losing support from a municipality that had previously been an ally of past La Pride des Banlieues marches, the event took place in another suburb of Paris with less resources for security and less time to figure out new support infrastructure.

It was important that La Pride des Banlieues took place this year as the far-right opposition has been gaining more traction in France, getting more intense in their actions against LGBTI communities, with racialised LGBTI communities particularly facing multiple situations of discrimination and harassment. In their political message at La Pride des Banlieues, the organisers and their constituents condemned rising hate speech, discriminatory immigration policies, and institutional racism, aiming to resist far-right co-optation and mobilise solidarity against oppression of ethnic minorities and LGBTI communities in the suburbs.

“The fight against the far-right cannot be reduced to a universal fight, we must recognise the multiple and interconnected realities of oppression.” – La Pride des Banlieues organisers.

Trans Pride Istanbul, Turkey

Trans Pride Istanbul on Sunday June 23 was marked by decentralised actions across the city. Under the theme “Perpetrator State,” participants asserted trans visibility and existence, refusing to be silenced despite bans and oppression. Rather than a centralised march, activists mounted a number of smaller, unannounced activities like hanging trans flags, projecting messages across city landmarks and reading of a statement in front of Pride attendees. The event unfolded amidst stringent security measures, including metro station closures and a heavy police presence. Two people were detained and released after. This year’s Trans Pride Istanbul not only showcased solidarity and determination among Turkey’s trans community but also highlighted ongoing issues of discrimination and the fight for visibility and rights, echoing their message that the state is accountable for perpetuating violence and systemic injustices against trans people.

“We are trans people who are made the targets of violent and discriminatory policies at any chance given just because of our trans identities.” – Trans Pride Istanbul organisers

Looking Ahead

As we approach the end of June, two more significant events lie ahead this weekend.

Bucharest Pride, Romania

More than 25,000 people are expected to take to the streets of Bucharest on Saturday, June 29 to celebrate diversity and claim the rights of the LGBTI community at a crucial moment in Romania. Both presidential and general elections are approaching, and 20% of Romanian MEPs elected to the European Parliament were from the far right, with two of them using anti-LGBTI hate speech. Additionally, a new referendum regarding the definition of families is being pushed by the government opposition.

Pride in Bucharest will address the urgent need for legal recognition and protection of all same-sex families, continuing the push for the immediate implementation of the 2018 Coman case. In the case, the European Court of Justice affirmed residency rights in EU countries (that do not recognise same-sex unions) for the spouse of an EU citizen exercising their right to freedom of movement. Romania has yet to implement the verdict by granting Andrew Coman’s husband a residence permit, and a draft law has been adopted that would stop Romania from implementing it.

ILGA-Europe will be in Bucharest this coming October for their Annual Conference, working with local hosts ACCEPT and MozaiQ, recognizing this as a crucial moment for LGBTI human rights in Romania.

Istanbul Pride, Turkey

Istanbul Pride will take place on Sunday, June 30. Given the government and police response to Pride in the country over the past years, we will be closely monitoring what is happening. One thing we do know is that the LGBTI community in Istanbul and their allies will assert their human right to freedom of assembly and freedom of expression by attending Pride, with pride, resilience and courage. We will be reporting on Istanbul in this year’s instalment of our Turkey Pride monitoring blog over the coming weeks, as we learn from activists and organisers how officials are responding to Prides across the country. You can read our Turkey Pride monitoring blog from 2023 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

Intersectionality is a buzzword that’s often used, but what is true intersectionality and how do we fold it into the work of the LGBTI activist movement? How do create the change we want to see in society, so that the less privileged within our communities are recognised, valued, included and heard, and where the specific issues that affect those on the intersections are addressed?

But to begin with, what actually is intersectionality? How do we learn about being truly intersectional and practically put it to use? How do we open ourselves to take on board and learn from critique? And how do we learn from the mistakes we often make?

These are some of the questions in this special episode, presented by Valeria Santostefano, a former team member with ILGA-Europe who was active in the intersectionality portfolio, and who has recently joined the team to support internal learning. Valeria is joined by the former Executive Director, Evelyne Paradis, who has been part of the learning for 15 years, and the new Executive Director, Chaber who is taking the work, and the continual learning, forward.

Over the past decade, ILGA-Europe has embarked on a learning journey to become an organisation that genuinely adopts an intersectional approach in all its work. But what does true intersectionality mean, and how can it be integrated into the work of the LGBTI activist movement?

This blog is based on a conversation between former ILGA-Europe team member Valeria Santostefano, former Executive Director Evelyne Paradis, and our new Executive Director Chaber for a special Frontline podcast episode in which they discuss our organisation’s journey over the past two decades towards adopting a more intersectional approach in our work.

Understanding intersectionality

Intersectionality, a concept coined by leading scholar of critical race theory, Professor Kimberlé Crenshaw, is a framework that recognises how various aspects of our identities, experiences, and backgrounds impact our lives, opportunities, and access. It emphasises that people are multifaceted, acknowledging that factors such as race, gender, sexuality, and class intersect to shape unique experiences of discrimination and privilege.

ILGA-Europe’s journey

ILGA-Europe has always recognised the need to include diverse voices and experiences. However, it was only in the mid-2010s that we began to critically question our own structures and practices. According to Evelyne Paradis, who was Executive Director of ILGA-Europe at the time, this shift involved reassessing the organisation’s practices to ensure inclusivity, rather than expecting others to fit into the existing structure.

Six ways ILGA-Europe has grown in practicing intersectionality

1. Recruitment practices

ILGA-Europe made a concerted effort to attract a diverse pool of applicants by re-evaluating our recruitment criteria and processes. We adjusted criteria to be more inclusive, removing barriers such as requiring certain levels of formal education or specific work experiences.

2. Event accessibility

During our annual conference and other events, we have implemented measures to ensure accessibility for all participants. This includes providing materials in multiple languages, ensuring venues are accessible to people with disabilities, and offering travel grants to individuals from underrepresented communities.

3. Advocacy and policy work

ILGA-Europe has broadened its advocacy to include issues that intersect with LGBTI rights, such as socioeconomic inequalities, asylum and refugee rights, and access to healthcare. By working alongside other organisations focused on these areas, we aim to address the multifaceted nature of discrimination and ensure a holistic approach to human rights.

5. Rainbow map recalibration

We recalibrated the Rainbow Map to place less emphasis on marriage equality and more on other critical issues such as legal gender recognition, hate crime legislation, and access to asylum. This shift recognises that while marriage equality is important, other areas require attention to achieve true equality.

6. Changes based on feedback

Chaber, the new Executive Director of ILGA-Europe, emphasises the value of receiving and acting on critical feedback. Detailed feedback that highlights unseen areas and areas needing improvement is crucial for understanding how to better support and represent underrepresented communities.

Building blocks for intersectionality

Building a learning organisation has been a fundamental aspect of our development. This involved dedicating time and resources to reflection and improvement, forming a working group on diversity and incorporating intersectionality into our annual planning. We also emphasise the importance of clear communication about our mission. While we are primarily an LGBTI rights organisation, we adopt an intersectional approach to ensure that our advocacy and support encompass a broad range of issues affecting our community. This includes addressing socioeconomic inequalities, working on issues of asylum and refugees, and engaging in broader human rights advocacy.

Sharing our learning with the wider movement

Recognising the value of not only integrating our learning around intersectionality in the materials we provide to help build the movement, such as publications, toolkits and skills boosts, we have published a number of resources on the ILGA-Europe Hub, which provides free and easy-to access learning cards, including on how to integrate intersectionality in your organisation, in policy and advocacy work, in recruitment processes, and in communications. The Hub intersectionality cards can be found here. If you don’t already have an account on The Hub, it’s a completely free-of-charge resource that’s super easy to join.

Moving forward

Starting small, such as having conversations about intersectionality within teams, can build into more substantial change. ILGA-Europe remains committed to this ongoing process, continually exploring how to make our work more accessible and representative of the diverse LGBTI community.

For a more in-depth discussion on how ILGA-Europe has worked to integrate intersectionality across all our work, listen to our special episode of The Frontline podcast.

Today we dive into the mixed results of the European Elections, the shift to the far right in national elections, and the potential impact of it all on LGBTI human rights in the EU and beyond.

This blog is based on a conversation between our Advocacy Director, Katrin Hugendubel, co-chairs of the LGBTI Intergroup at the European Parliament, Marc Angel and Kim van Sparrentak, and activists Luca Dudits from Hungary and Roberto Muzzetta from Italy for a special Frontline podcast episode.

The results of the recent European Elections, which weren’t the radical shift to the far-right that was being predicted, revealed a mixed picture for LGBTI rights advocates. Marc Angel and Kim van Sparrentak expressed cautious optimism. While their personal victories and the re-election of LGBTI allies in their respective countries gave them cause for celebration, the broader rise of the far right across Europe remains a significant concern. Both stressed the need for strong collaboration with civil society and activists to counteract this trend and protect human rights.

Turning points in Hungary and Italy?

In Hungary, the challenged to Viktor Orbán’s government by Péter Magyar  — a former ruling party insider-turned-rival — and his Tisza party marked a significant development. Magyar secured a substantial portion of seats, indicating a shift in the political dynamics that could open new avenues for advancing LGBTI rights. Luca Dudits from Hatter Society described the election as one of the most exciting campaigns in recent history, reflecting a growing political engagement among those opposed to Orban’s policies. However, she was cautious in her assessment of Magyar, who failed to mention LGBTI human rights in his campaign and made broad references to tackling propaganda. Whether this is the anti-LGBTI propaganda spread by Orbán or percieved ‘LGBTI propaganda’ remains to be seen. Dudits said that activists in Hungary will be engaged over the coming months in seeking to make contact with Magyar and his party to ascertain their commitment.

Italy also witnessed a blend of hope and caution. Roberto Muzzetta from Arcigay noted the substantial effort put into mobilising the LGBTI community by Italian activists, resulting in a greater presence of LGBTI allies in the European Parliament. Despite this, the far-right influence remains strong, particularly with Giorgia Meloni’s continued dominance. However, according to Muzzetta, the rise of progressive voices provides a counterbalance that could influence future policies and elections.

Challenges from the far-right surge

The election results across Europe show a worrying trend: the significant gains made by far-right parties. This shift is not only visible at the EU level but is also permeating national politics in countries like France, Germany, Austria, and the Netherlands. Such a trend poses direct threats to the advancement of human rights, particularly for the LGBTI community.

Kim van Sparrentak and Marc Angel, re-elected MEPs and co-chairs of the LGBTI Intergroup, expressed their concerns about this political shift. They emphasised the need for strong collaboration with civil society and activists to counteract the far-right rhetoric. They highlighted the importance of building majorities with allies who support human rights and resist anti-gender rhetoric, warning against the potential realignment within the European People’s Party (EPP) that could jeopardise LGBTI rights.

Strategic responses and solidarity

A strategic and united response to the rise of far-right politics is crucial. Marc Angel stressed that the EPP must avoid collaboration with far-right populists to maintain the integrity of the European Parliament’s commitment to fundamental rights and the rule of law. He called for the parliament to remain a strong advocate for democracy, particularly given the anticipated conservative shift within the European Commission.

Civil society and grassroots activism were identified as crucial elements in this struggle. The tireless work of activists on the ground, often in hostile environments, provides the backbone for advancing LGBTI rights. Kim van Sparrentak underscored the importance of maintaining strong networks within the European Parliament and across member states to support these activists.

Roberto Muzzetta emphasised the importance of consistent and balanced human rights advocacy by European institutions. He called for careful language use by politicians to avoid further polarisation and to support inclusive discourse on LGBTI issues.

Looking forward with hope

Despite the challenges, the resilience and determination of activists and supportive politicians offer some hope. Both Marc Angel and Kim van Sparrentak are committed to fostering a strong LGBTI intergroup in the European Parliament and working closely with activists to continue the fight for equality. They stressed the importance of mobilising the silent majority to stand against far-right rhetoric and support inclusive policies.

Luca Dudits and Roberto Muzzetta echoed these sentiments, highlighting the value of international solidarity and learning from each other’s experiences. They stressed the need for continued support from European institutions and the importance of framing LGBTI rights in terms that resonate with broader values like safety, love, and freedom.

The political landscape in Europe is rapidly evolving, presenting both opportunities and challenges for the LGBTI community. While the rise of the far-right is concerning, the solidarity and strategic efforts of activists and supportive politicians provide a pathway forward. By continuing to build alliances, advocating for inclusive policies, and mobilising broader support, there is hope for advancing LGBTI rights across Europe.

Listen to the podcast here.

In our special post-European elections podcast, we sit down with MEP’s from the LGBTI Intergroup at the European Parliament and activists from Italy and Hungary to discuss how the outcomes, both on the European and national levels will play out for LGBTI human rights in the EU and beyond.

Although the swing to the far right predicted in the European elections hasn’t been as radical as expected, with the progressive and centre-right still holding a majority of seats, there have been seismic shifts to the right in a number of member states, including Germany, France and Austria.

In this episode of The Frontline we take a look at that this might all mean for LGBTI human rights in the EU over the coming years. Joining our Advocacy Director, Katrin Hugendubel to discuss the election results, the campaigns that led to them, and what the way forward might be are are co-chairs of the LGBTI Intergroup at the European parliament, freshly re-elected MEP’s Marc Angel from the Socialists & Democrats in Luxembourg and Kim van Sparrentak from the Greens/EFA in The Netherlands, alongside activists Luca Dudits from Hatter Society in Hungary and Roberto Muzetta from Arcigay in Italy.

With the polls predicting significant gains for the far-right in the European elections, there could be serious consequences for the climate, human rights, migrants, and the rule of law.

As the European elections approach, the polls predict a significant shift towards the far-right. This anticipated surge reflects a broader trend of increasing nationalism across Europe. In countries such as Italy, France, and Germany, far-right parties are gaining ground, often by exploiting economic anxieties and societal fears. This shift threatens to undermine the progress made on issues such as climate change, human rights, and the rule of law​​​​, while the fate of migrants in member states may be even more negatively impacted.

Who will Come Out 4 Europe?

In this challenging landscape, the Come Out 4 Europe campaign represents hope. With over a thousand candidates pledging their commitment to LGBTI rights, this initiative provides a valuable resource for voters. The campaign offers a list of candidates who are dedicated to fighting discrimination and advocating for equality. They have committed to protect and advance LGBTI rights, but we only accepted signatures from candidates who respect and promote the full spectrum of human rights.

A fairer, more inclusive, and sustainable society for all

Voting in the upcoming EU elections is about protecting LGBTI rights, but it’s also about standing up for all marginalised identities across Europe. It is about defending the rights of racial and ethnic minorities who face systemic discrimination, ensuring that all individuals, regardless of gender identity, have access to comprehensive healthcare, supporting people with disabilities in their fight for accessibility and inclusion, and advocating for the rights of immigrants and refugees seeking safety and a better life. Additionally, it’s about committing to the environmental fight, ensuring that policies address climate change and protect our planet for future generations. By voting for candidates who support and will work for human rights and equality rather than those who will seek to erode freedoms, we are standing up for everyone who is vulnerable to oppression and discrimination, and we are working towards a fairer, more inclusive, and sustainable society for all in the European Union.

By supporting candidates who embrace intersectional policies, we can ensure that our collective struggles are addressed.

Spread the word

You have powerful networks at your disposal. Use your platforms to spread this message far and wide. Encourage your members, allies, and the broader community to vote in the upcoming elections. Emphasise the necessity of standing together against far-right forces. Let’s remember the power that lies in our hands. Together, we can impact the outcome of these elections.

Find over a thousand candidates across the EU who have signed a pledge to protect advance LGBTI human rights as part of the spectrum of all human rights here.

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.

As voters get ready to go to the polls in the European Elections, over a thousand candidates across Europe have pledged to protect and advance LGBTI human rights if they are elected

Download this press release in Finnish, French, Italian, German, Portuguese and Spanish.

While authoritarian leaders across Europe continue to use the scapegoating of LGBTI people to divide and mobilise their electorates, the rising number of candidates singing up to the Come Out 4 Europe pledge proves that many have their sights set on voters who seek and support the protection and advancement of LGBTI human rights in the EU.

Now in their thousands, candidates in 27 countries have signed ILGA-Europe’s Come Out 4 Europe pledge, which asks them, if elected, to propose and advocate for EU policies and laws; actively engage on rule of law, democracy and inequality; make sure the EU uses all its powers to hold Member States accountable for violations of the human rights of LGBTI people, and act as a strong defender of LGBTI organisations and human rights defenders across Europe and beyond.

While larger countries like Germany and France lead in the numbers of signatories, following close behind are countries where LGBTI rights have not traditionally been high on the agenda, such as Italy with 110 candidates for 76 seats,  Greece (69 candidates for 21 seats), Lithuania (23 candidates for 11 seats, and Finland (78 for 15 seats).

The top four European parties with candidates who have committed to LGBTI human rights are, in ascending order, Renew; The Left; S&D; and Greens/EFA. 

For the full Come Out 4 Europe pledge, which also asks candidates how they intend to live up to their commitments click here.  

Quote from Chaber: “The sheer numbers of candidates signing up with very real commitments to protect the human rights of LGBTI people should they be elected, along with showing how they intend to live up to those promises, shows that many politicians are standing strong amidst growing attacks on LGBTI rights, and are willing to work with us, and other LGBTI organisations and activists to counter polarisation and the scapegoating of LGBTI people in political divides. Now, it is time to go out and use your vote for those politicians.”

The candidates in countries across the EU who have pledged to protect and advance LGBTI human rights if they are elected can be found at www.comeout.eu.

About Come Out 4 Europe:

The Come Out 4 Europe campaign seeks to mobilise votes for candidates in the European Elections 2024 who will support, protect and advance LGBTI rights as part of their mandate. It does this by directing voters to candidates who have signed a detailed pledge, which includes the ways in which they will live up to their commitments if elected. Come Out 4 Europe comes from ILGA-Europe, an independent, international non-governmental umbrella organisation uniting over 700 LGBTI organisations from 54 countries across Europe and Central Asia. ILGA-Europe works for a world in which each and every LGBTI person is free, equal and safe, through resourcing and connecting communities, driving political change, and amplifying voices. Find out more here.

The current numbers of candidates per country:

Austria – 30

Belgium – 32

Bulgaria – 8

Croatia – 7

Cyprus – 19

Czechia – 60

Denmark – 27

Estonia – 3

Finland – 78

France – 116

Germany – 88

Greece – 69

Hungary – 25

Ireland – 16

Italy – 110

Latvia – 5

Lithuania – 23

Luxembourg – 13

Malta – 23

Netherlands – 43

Poland – 3

Portugal – 44

Romania – 9

Slovakia – 15

Slovenia – 24

Spain – 60

Sweden – 57

With elections looming, Rainbow Map shows that LGBTI rights have become a marker for the protection of democracy

Published on May 15, our 16th annual Rainbow Map shows that while authoritarian leaders across Europe continue to use the scapegoating of LGBTI people to divide and mobilise their electorates, others are conversely showing robust political will to honour commitments to advancing and protecting the human rights of LGBTI people. The findings of the 2024 Rainbow Map make it more clear than ever that only legal protections can ensure that fundamental rights are guaranteed.

Find out more on our new interactive website.

“Europe needs stronger laws and policies to protect LGBTI people. Without these, we cannot talk about safety or about rule of law and democracy.” 

Chaber, Executive Director of ILGA-Europe

Which candidates in the EU elections will protect and advance LGBTI human rights?

Amid fears of a rise in the far-right in the European Elections this June 6-9, a thousand-plus candidates across every member state have pledged to protect and advance LGBTI human rights if they are elected. The Come Out 4 Europe website collects these signatures, helping LGBTI voters and allies decide on who to vote for. Let’s seize this moment to make history and set sail for a Europe that truly lives up to its promise of freedom and equality for all.

Find out who has signed the Come Out 4 Europe pledge

ILGA-Europe News

Get the most from digital ads

On 12 and 26 June, we’re organising two Skills Boost sessions for LGBTI activists to about digital ads and how to use them more strategically.

Register now here.

Two exciting job opportunities at ILGA-Europe

We’re looking for an Event Coordinator and Finance Officer and a Senior Programmes Officer to support the growth and power of our movement. 

Read more and apply now.

Activists share tips on crisis communications

In May, ILGA-Europe hosted a two-day learning event on crisis communication for LGBTI organisations. It was an opportunity for 25 activists from over 15 countries to come together and address the complex challenges they face when communicating to their communities, the media and other stakeholders at times of crisis.

Read more.

Are you in Brussels on 4 July? 

Join us for the Equality Fundraiser 2024 and lend your support for our work towards the equality of all LGBTI people. Last year’s event was sold out, so get your ticket now!

LATEST NEWS

BIAS-MOTIVATED VIOLENCE

The Council of the EU adopts the first ever EU rules on combating violence against women

On 7 May, the Council of the European Union adopted the EU Directive on combating violence against women and domestic violence as a groundbreaking step. ILGA-Europe will work to ensure that the implementation of the Directive will protect all victims and survivors of gender-based violence, no matter their sexual orientation, gender identity, gender expression or sex characteristics. 

Read more.

BODILY INTEGRITY

Civil society files a joint submission to the European Court over a case on discrimination on sex characteristics 

OII Europe, ILGA-Europe and the International Commission of Jurists filed a joint submission before the Grand Chamber of the European Court of Human Rights (ECtHR) in a case concerning the South African athlete Caster Semenya. The ECtHR ruled in 2023 that Semenya was discriminated against as she was not afforded sufficient procedural safeguards when challenging the World Athletics regulations requiring her to reduce her natural testosterone level to be allowed to participate in international competitions in the women’s category. We hope the Grand Chamber will confirm the Court’s judgment and clarify that sex characteristics is a protected ground of discrimination under the ECHR.

Read more.

DATA COLLECTION

Harassment and violence against LGBTIQ people on the rise

The European Union Agency for Fundamental Rights has just launched the results of its third LGBTIQ Survey with worrying findings on discrimination and violence across Europe. Over two thirds of respondents encountered hate statements, and a significant increase in violence since the last survey in 2019.

Read more.

EQUALITY AND NON-DISCRIMINATION

European states committed to pursue a European policy for LGBTI rights

During the week of IDAHOBIT, the European states signed two major declarations. On 15 May, 32 member States of the Council of Europe signed a joint ministerial declaration calling for renewed commitment to protecting the rights of LGBTI people through Council of Europe mechanisms, as well as on national level. On 17 May, on the initiative of the Belgian presidency of the Council of the European Union, 18 EU member states joined the EP in calling for a strong Union of Equality under the next European Commission and a EU LGBTIQ strategy 2025-30. 

Sex characteristics have been mentioned explicitly in an EU directive for the first time

On 7 May, two new directives on minimum standards for equality bodies were officially adopted by the EU, one of which 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. 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.

Read more.

FREEDOM FROM TORTURE

Council of Europe publishes a new document on trans prisoners 

The Council of Europe Committee on the Prevention of Torture published a hard-hitting document focused on the treatment of trans prisoners in Europe, laying out clear standards for adequate protection from harm and ill treatment.

Read more.

FREEDOM OF ASSOCIATION AND EXPRESSION

Georgia’s new foreign agent law is likely to target LGBTI NGOs first

On 14 May, Georgia’s Parliament voted in favour of the ‘foreign agent’ law that would require foreign-funded organisations and media to register as “agents of foreign influence”. On 21 May, the Council of Europe’s Venice Commission published its urgent opinion which strongly recommends repealing the law, as its fundamental flaws will involve significant negative consequences for freedoms of association and expression, the right to privacy, the right to participate in public affairs as well as the prohibition of discrimination. The new Council of Europe Commissioner for Human Rights, Michael O’Flaherty, highlighted that the law is likely to target LGBTI NGOs first, amidst a rise in violence and discrimination against LGBTI people across Europe.

Read more. 

Anti-SLAPP recommendations from the European institutions

The European Union officially adopted its anti-SLAPP Directive, which protects journalists and human rights defenders against abusive court proceedings aimed at silencing public debate on matters of public interest. Fundamental rights are named as a matter of public interest, and the Directive specifically lists LGBTIQ rights defenders when discussing human rights defenders being able to participate actively in public life and promote accountability without fear of intimidation. Similarly, the Council of Europe adopted a Recommendation of the Committee of Ministers to member States on countering the use of SLAPPs, establishing robust and authoritative standards that member states must meet in order to ensure compliance with their human rights obligations. The recommendation notes that women and persons with diverse sexual orientation, gender identity and expression and sex characteristics, face specific dangers in their capacity as journalists, human rights defenders and other public watchdogs.

LEGAL GENDER RECOGNITION

Constitutional Court of Czechia finds the sterilisation requirement for LGR unconstitutional

On 7 May, the Constitutional Court of Czechia found that the requirement to be sterilised to receive legal gender recognition is unconstitutional. We urge the government to adopt legislation in line with the ruling and ensure that all trans and non-binary people have access to human rights-based LGR.

Find out more.

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition

On 10 May, the Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion calling for the automatic recognition in birth certificates of new name and gender marker acquired in a Member State. 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.

Read more.

A new draft law in France targets trans minors

On 28 May, the French Senate voted in favour of a draft law that would ban trans-specific healthcare for minors. The draft bill will now proceed to a voting at the National Assembly, which has different party majorities than the Senate. On 5 May, thousands of protestors gathered in 50 cities throughout France rallying against the draft law.

Read more. 

RESOURCES FOR LGBTI ACTIVISTS

Good practice map on the human rights of intersex people

OII Europe published its Good Practice Map highlighting advancements achieved in 2023 towards the better protection of intersex human rights across Europe. Download your copy.

Trans Rights Index and Map 2024

TGEU launched its annual update of the Trans Rights Index & Map. This year’s data shows polarisation in legal protections for trans people. Check out.

New global report on LGBTI people’s human rights

ILGA World published their new landmark report mapping laws affecting LGBTI communities across the world. Download the report.

Notice board

• The European Institute for Gender Equality is looking for a Procurement Officer, Communications Trainees, and an Expert on Gender-based Violence. Read more and apply.
• The Digital Freedom Fund is accepting grant applications to support strategic litigation on digital rights in Europe. Read more and apply by 15 July.

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.

Last month we brought together 25 activists from over 15 countries to discuss and learn all about communicating in times of crisis. With Pride season upon us, and the challenges Pride events can bring for queer activists and organisers, this blog presents the key takeaways.

Pride season is here, and the LGBTI community is busy getting ready to both celebrate and assert visibility across Europe. But we are living through a time in many countries when LGBTI people are being scapegoated, which brings challenges amid the celebrations for many Pride organisers.

In May, ILGA-Europe hosted a two-day learning event on crisis communication for LGBTI organisations from across Europe and Central Asia, which we entitled ‘Get Ready!’. This gathering was an opportunity for 25 activists from over 15 countries to come together and address the complex challenges they face when communicating to their communities, the media and other stakeholders at times of crisis.

The group of passionate activists from diverse backgrounds demonstrated the power of collaboration during our time together. This created a profound sense of solidarity and mutual understanding and the room was alive with the exchange of expertise, self-care tips, and strategic ideas, leading to new collaborations and strengthened networks.

During our discussions we learned that the diversity of challenges faced by LGBTI organisations in crisis communication is vast and complex, but the participants highlighted five key issues that are similar across different countries and contexts. They are:

Balancing conflicting interests

Organisations often operate in regions with significant political and social tensions. This requires carefully navigating their messaging to address both local and international audiences without alienating either.

Fragmentation and internal conflicts

Many movements suffer from internal fragmentation, making unified communication difficult. Differing priorities and approaches within the community can lead to inconsistent messaging and weakened responses during crises.

Targeted campaigns and opposition

Advocacy campaigns frequently attract opposition from various groups, including TERFs (trans-exclusionary radical feminists) and anti-gender movements. These groups often launch coordinated attacks, which leads to the necessity of having both proactive and reactive strategies to mitigate their impact and protect the community.

Social media and digital threats

The digital landscape presents unique challenges, from social media posts being reported and accounts being suspended to full-blown smear campaigns. Organisations must be adept at digital crisis management, swiftly countering misinformation and protecting their online presence.

Polarisation and backlash

In many regions, the rising tide of anti-gender rhetoric and the instrumentalisation of LGBTI issues by political actors create a highly polarised environment. Navigating this landscape requires not only strong messaging but also the ability to build and maintain alliances in a hostile atmosphere.

These challenges illustrate the layered nature of crisis communication within the LGBTI activism and advocacy space. Organisations are called upon develop tailored strategies to address unique circumstances in their own contexts, while drawing on shared experiences and collective wisdom. It’s also important to acknowledge that security risks, particularly around public events like Pride marches, heavily burden activists. Although these are not primarily crises, they significantly impact the overall environment in which LGBTI organisations operate.

Key Tips and Tricks for Effective Crisis Communication

During the training, activists shared a wealth of strategies for tackling these challenges, which we captured on video. We asked participants to remember the moments of stress, panic and hard times they experienced, and then to envision talking to a young activist facing a communication crisis for the first time. The result is a collection of universal and empowering tips by activists for activists to help keep your head up during a crisis.

1. Define your audience

Tailor your message to ensure it resonates with your specific target audience, such as sympathetic media outlets, supportive community groups, and potential allies within the general public.

2. Know your community

While it’s important to communicate with the broader public, never forget that your primary responsibility is to support and uplift the LGBTI community. Your people need to know you have their back.

3. Rely on your support network

The strength of the LGBTI movement lies in its solidarity. Your chosen family, friends, mentors, and colleagues are invaluable resources in times of crisis. They can mentor you, talk things through, offer help and comfort, and step in if you need to step back. Sharing the burden of these responsibilities can lighten the load significantly.

4. Stand in solidarity with other LGBTI organisations

In a crisis, consider others who are also impacted and their potential responses and strategies. Collaborating with other LGBTI organisations, showing solidarity, mutual support, and a unified response will strengthen our collective resilience.

5. Maintain a healthy distance

LGBTI activism often intertwines with personal identity, making it essential to keep a clear boundary between doing the work and living your life to avoid burnout. Remember that you are more than your work and activism, and it’s okay to step back when necessary.

6. Take It step-by-step

Crisis situations can be overwhelming, but it’s crucial to stay focused on your message. Clear, calm communication is key to navigating through the storm.

7. Practice in private, be prepared in public

Doing a roleplay of a likely communications crisis situation can help you practice and take some stress out of a real situation. The Get Ready! participants took part in an exercise which tested their preparation, monitoring, diagnosis, and response to a hypothetical crisis. ILGA-Europe is developing this exercise to provide a resource to more LGBTI groups who want to prepare for communications crises. Join our Facebook group Communications support group for LGBTI activists to be up to date with any upcoming opportunities.

Amid fears of a rise in the far-right in the European elections this June 6-9, the number of candidates who are demonstrating their support for LGBTI human rights, freedom and democracy is profound

With hundreds of candidates signing on to ILGA-Europe’s the Come Out 4 Europe campaign, showing their commitment to the protection and advancement of LGBTI human rights, this initiative has captured the attention of candidates and voters alike, igniting support for LGBTI rights across the EU. These candidates aren’t just showing support online; they’re making a bold statement about their values and priorities as voters get ready to go to the polls less than two weeks’ time. Each signature represents a promise to fight against discrimination and advocate for the rights of LGBTI communities. 

The pledges against rising intolerance

In an era where authoritarian leaders across Europe are continuously using LGBTI people as targets to divide and mobilise their electorates, the significance of the Come Out 4 Europe campaign cannot be overstated. The annual Rainbow Map, published by ILGA-Europe earlier this month, highlights the urgent need for legal protections to safeguard fundamental rights. As the report illustrates, many countries are stalling in moving legal protections forward, risking the rapid erosion of human rights under newly elected governments influenced by far-right ideologies.

The moment for the European democracy

The Come Out 4 Europe campaign marks a pivotal moment in European politics. Politicians are no longer treating LGBTI rights as a mere afterthought or a convenient scapegoat. Instead, they’re embracing these rights as a fundamental pillar of democracy and equality. It’s a remarkable shift in mindset that speaks volumes about the progress we’ve made, and what lies ahead.

The significance of the Come Out 4 Europe campaign extends far beyond mere symbolism. Each signature represents a tangible commitment to action—a promise to fight against discrimination and champion the rights of LGBTI people. It’s a bold statement that sends a clear message to voters: when you cast your ballot, you’re not just choosing a candidate—you’re choosing a vision for the future of Europe.

The bigger picture

In the broader context, the outcome of EU elections next month will shape the trajectory of Europe for years to come. Will we go down the path of division and exclusion? Or will we choose the one built on the principles of equality, inclusion, and respect for all? Let’s remember the power that lies in our hands if we decide not to sit on the sidelines.

You’ve got the power!

As we approach the final days before the elections, we ask every single person who reads this blog to take action. You can impact your community, you can influence the number of people who will vote by spreading the word, and you can affect the outcome of European Elections by using your vote for a candidate who supports freedom, democracy and equality! Use the Come Out 4 Europe website to see which candidates deserve your vote, and share the campaign with others. Because of it, we can make better choices for ourselves. Let’s seize this moment to make history and set sail for a Europe that truly lives up to its promise of freedom and equality for all.

Visit comeout.eu now and make your plan for voting day!

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”.

In the dynamic world of human rights advocacy, working together is essential. Last week marked a significant event of mass collaboration – the release of the 16th annual Rainbow Map of LGBTI human rights in Europe

The purpose of the Rainbow Map

At its core, the Rainbow Map is a tool of empowerment, designed to equip advocates with the knowledge needed to achieve change. With categories ranging from equality and non-discrimination to asylum rights, this resource serves as a compass, illuminating the path towards progress. Armed with the Rainbow Map, activists can leverage its insights to hold governments accountable, showcasing comparative data to drive policy reform and legislative action.

Stories of struggle and triumph

Behind every data point lies a narrative – a story of struggle and triumph, of setbacks and victories. The Rainbow Map is not merely a collection of statistics; it is a testament to the activism of LGBTI people across Europe for real change. Through the qualitative lens of ILGA-Europe’s Annual Review, the numbers come to life, providing context and depth to each country’s journey towards equality. When browsing each country in the Rainbow Map, you will find the Annual Review for the country under a number of themes.

The power of collaboration

The journey to publish the Rainbow Map each year is not a tale of an organisation in Brussels working alone. It’s a true example collective determination, and a display of LGBTI and allied teamwork across Europe, showcasing the strength of unity during tough times. More than 250 people, including activists, lawyers, and policymakers, contributed their expertise and passion to this project, which has become a go-to for anyone wanting to understand the development of LGBTI rights in Europe over the past 16 years. Their dedication and commitment to justice is woven into the very fabric of the Rainbow Map. This year, we made substantial progress by revamping the Rainbow Map’s interface and seamlessly integrating it with our ILGA-Europe website. This revitalisation reflects our commitment to continuous improvement, ensuring that users have access to the most user-friendly and informative platform possible.

Honouring the faces behind the numbers

As we continue our journey towards equality, equipped with the Map, let us remember the people behind the data – the activists who fight the good fight, the lawyers who litigate, the policymakers who advocate. Let’s honour their resilience, courage, and unwavering belief in a better tomorrow. As we navigate the complex landscape of LGBTI rights, let the Rainbow Map be our guidance, illuminating the path towards new successes.

As Europe heads towards multiple elections, including the EU elections next month, LGBTI rights have become a marker for the protection of freedom and democracy amid the rise of far right forces, new Rainbow Map finds.

Published on May 15 by Europe’s leading LGBTI organisation, ILGA-Europe, the 16th annual Rainbow Map, which ranks 49 European countries on legislative developments in the arena of LGBTI human rights, shows that while authoritarian leaders across Europe continue to use the scapegoating of LGBTI people to divide and mobilise their electorates, others are conversly showing robust political will to honour commitments to advancing and protecting the human rights of LGBTI people. 

At a time when some Italian regions are withdrawing parenthood rights from same-sex couples, when efforts are being made to rewrite guidelines to limit access to trans-specific healthcare in Slovakia, Croatia, France and the UK, and when we are witnessing Russia’s unprecedented move of criminalising the ‘international LGBTI movement’ as an ‘extremist organisation’, the findings of this year’s Rainbow Map make it more clear than ever that only legal protections can ensure that fundamental rights are guaranteed.

many countries stalling

The Rainbow Map is published just one day after the European Union Agency for Fundamental Rights LGBTIQ Survey III report, which finds that over two thirds of respondents encountered hate statements, and a significant increase in violence since the last survey in 2019.

According to ILGA-Europe’s Advocacy Director, Katrin Hugendubel: “Across Europe, LGBTI people are being targeted by hate speech and violence and their human rights are being actively undermined, yet we still see too many countries across the region stalling in moving legal protection forward and not renewing their commitments through national strategies and action plans. This non-action is dangerous, as without proper legislation in place to protect minorities, including LGBTI people, it will be much too easy for newly elected governments to quickly undermine human rights and democracy.”

Strong Political Will in several countries

The Rainbow Map shows some governments stepping up to the mark in the understanding of this. In a year of 30-plus elections across the region, including the EU Elections next month, the Map illustrates a strong political will to advance the protection of LGBTI human rights in several countries. 

Greece, Germany, Iceland, Estonia, and Liechtenstein all made some of the biggest jumps in the Rainbow Map ranking. Both Estonia and Greece amended their laws to allow same-sex couples to marry and adopt children, Greece also filled the gaps in its anti-discrimination legislation to fully protect LGBTI people, and Liechtenstein extended adoption rights to same-sex couples. With these changes, Greece has jumped to No’6 in the ranking.

Countries are also working hard to put crime measures in place that recognise anti-LGBTI hatred as an aggravating factor. Germany, which entered the top 10 this year, prohibited hate crimes based on sexual orientation, gender identity, and sex characteristics. Other countries legislating against hate crime include Bulgaria, Iceland (which has jumped to No’2 in the ranking) and Slovenia. Bans on conversion practices, which also perpetrate violence against LGBTI people, were introduced in Belgium, Cyprus, Iceland, Norway and Portugal.

But others, such as Italy, which has dropped two places in the rankings due to stalling legislative protection for many years, show what can happen when legislation is not in place and far-right governments take power. 

Backlash in Georgia and other EU Accession Countries

Most EU accession countries (Albania, Bosnia and Herzegovina, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Ukraine) are falling behind in their commitments, stalling the introduction of legislation and thus putting their citizens more and more at risk of real backlash and the undermining of fundamental rights. Turkey and Georgia, also accession candidates, are actively eroding human rights and fundamental freedoms, including efforts to pass new legislation particularly targeting LGBTI people. Georgia, one the most recent accession countries, has been cracking down on pro-EU protests against its proposed ‘foreign agents’ law, which comes directly from the Russian anti-LGBTI playbook.

According to the Executive Director of ILGA-Europe, Chaber: “The EU needs to pay close attention not only to the rise of political hate speech against LGBTI people, but also to new tools of oppression, like Russia’s criminalisation of a whole segment of the country’s population. The efforts at division and distraction from consolidated authoritarian regimes are further leaking into other European countries at a time where elections could push Europe into the hands of leaders who wish to shape a radical right, anti-democratic European Union. Europe needs stronger laws and policies to protect LGBTI people. Without these, we cannot talk about safety or about rule of law and democracy.” 

About the Rainbow Map

The Rainbow Map – ILGA-Europe’s annual benchmarking tool – comprises the Rainbow Map and Index and national recommendations. ILGA-Europe have produced the Rainbow Map and Index since 2009, using it to illustrate the legal and policy situation of LGBTI people in Europe. 

The Rainbow Map and Index ranks European countries on their respective legal and policy practices for LGBTI people, from 0-100%.

In order to create our country ranking, ILGA-Europe examine the laws and policies in 49 countries using 75 criteria, divided between seven thematic categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition; intersex bodily integrity; civil society space; and asylum.

The Rainbow Map and Index presents a picture of the current policy landscape, while country-specific recommendations attempt to answer the question “what’s next?” These recommendations are intended to encourage policymakers to address the most pressing legal and policy priorities within the framework of our Rainbow Map and Index. The recommendations were gathered following an online consultation with a wide range of LGBTI organisations in the various countries. As a result, the recommendations are tailored to the needs of activists working on the ground.

This year, the Rainbow Map website has been relaunched with a new look and includes features that allow for an improved visualisation of the data, as well as a more agile and user-friendly access to the information.

Rainbow Map Executive Summary 2024

For the ninth year in a row, Malta continues to occupy the number one spot on the Rainbow Map, with a score of 88%.

With 83 points, Iceland jumped to second place with a rise of three places as a result of the new legislation banning conversion practices and ensuring the trans-specific healthcare is based on depathologisation. 

Belgium also banned conversion practices and now comes third place on the ranking with a score of 78. 

The three countries at the other end of the Rainbow Map scale are Russia (2%), Azerbaijan (2%), and Turkey (5%). Russia lost 7 points and dropped 3 places because of the federal legislation banning legal gender recognition and trans-specific healthcare. 

Poland still sits at the end of the EU ranking with 18% points, followed by Romania (19%) and Bulgaria (23%). 

Germany, Iceland, Estonia, Liechtenstein, and Greece are the countries with the biggest jumps in scores. Germany prohibited hate crimes based on sexual orientation, gender identity, and sex characteristics. While both Estonia and Greece amended their laws to allow same-sex couples to marry and adopt children, Greece also filled the gaps in their anti-discrimination legislation to fully protect LGBTI people. Liechtenstein extended adoption rights to same-sex couples.

Montenegro lost the most points (-13%), dropping 9 places because it failed to adopt a new equality action plan or introduce updated policies on asylum and hate crime.   

Alongside Montenegro, governments in Spain, Slovenia, Finland, Sweden, and many other countries failed to renew their action plans. France, Malta, Scotland and Wales adopted effective and comprehensive equality action plans. 

In many countries, legislative proposals that have been on the table for years are not moving forward. This includes the hate crime legislation and proposal for recognition of same-sex partnership in Ukraine, which despite endorsement by several ministries and support throughout society is still being stalled. It also includes a draft law on legal gender recognition in Czechia that would finally get rid of the sterilisation requirement. After five years of delay, the UK government still hasn’t followed its promises on banning conversion practices. And despite many court cases and recommendations from international institutions, Lithuania didn’t progress on recognition of same-sex couples.

Belarus began categorising LGBTI content as “pornography”, restricting freedom of expression of LGBTI people. Bulgaria and Greece failed to protect LGBTI public events, thus lost points in relation to civil society space. 

Both in Denmark and Poland, administrative procedures were improved for minors’ access to legal gender recognition (LGR). Although Germany and Sweden adopted new regulations for LGR, the laws have not come into effect yet, so they are not reflected on the map. 

In many countries, legislative processes for new LGR procedures have been stalled this year. Similarly, no country prohibited unnecessary medical interventions on intersex children. 

Most European countries still don’t include sexual orientation, gender identity or sex characteristics as qualification criteria for asylum. In an overall climate of governments increasingly undermining the international right to asylum, this ongoing omission is very worrying. This year’s only progress in this area was Czechia adding SOGI in their asylum law and Ireland providing a consistent training framework for their asylum caseworkers.

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.