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

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

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

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

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

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

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

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

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

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

Interested in the current state of non-binary rights in Europe? This concise guide covers the most important updates and developments you should be aware of

Current situation

As of 2024, only a few European countries officially recognise non-binary gender markers. Iceland and Germany lead the way, allowing non-binary people to have their identities legally acknowledged. Denmark and Malta partially acknowledge non-binary identities, though issues remain, particularly in areas like the healthcare sector. You can read more about it in one of our previous blogs. However, progress is slow, and many countries still lack comprehensive legal frameworks for non-binary recognition.

Which countries are next?

France and the SNCF case: potential impact across the EU

Last Thursday (July 11, 2024) the Advocate General of the Court of Justice of the European Union (CJEU) gave his opinion that France’s national railway company SNCF should stop forcing passengers to choose between the civil titles “Mr” or “Ms” when purchasing train tickets. This landmark case, brought by Association Mousse, could set a precedent similar to the Deutsche Bahn case in Germany across the European Union.

In his opinion, which was published earlier this week, the Advocate General of the CJEU said that it is not “necessary” and that it is therefore unlawful for the SNCF to collect individuals’ civil titles. The Advocate General also agreed with Association Mousse that processing data on civil titles creates a risk of discrimination on the grounds of gender identity for trans and non-binary people notably as other States legally recognise non-binary identities.

Should the CJEU’s judgement align with the opinion of the Advocate General, all organisations collecting gender markers would be forced to stop doing so when it is not necessary for the service provided. The outcome has the potential to influence broader European standards for non-binary recognition, emphasising the role of strategic litigation in advancing rights​​.

Belgium’s legal hurdles

Belgium’s journey towards non-binary recognition has faced significant setbacks. In 2019, the Belgian Constitutional Court declared the existing laws discriminatory towards non-binary people. The government proposed removing gender markers from ID cards entirely, but this reform has stalled due to political and technical challenges​​​​. Despite these obstacles, there are plans to eventually implement these changes.

Italy on the verge of change

Italy is also nearing a significant decision. The Italian Constitutional Court is expected to rule on the inclusion of a third gender marker. This ruling could trigger legislative changes, inspiring other countries to follow suit and potentially transforming the landscape of non-binary rights in Europe​​.

Legal battles play a pivotal role in the fight for non-binary recognition. Cases like the ones in France and Germany highlight how litigation can drive change even when legislative processes are slow. These legal battles and proposed reforms are part of a broader movement toward inclusivity and respect for non-binary identities across Europe.

Beyond laws: the experience of being a non-binary person in EU

The third EU LGBTIQ survey report, published in June by the European Union Fundamental Rights Agency (FRA) offers some insights into non-binary lives. Almost 20% of respondents identified as non-binary, yet more than 90% do not have their identity legally recognised. When delving into the reasons behind this, it becomes evident that non-binary people face unique challenges and perspectives. 

The reluctance or perceived lack of necessity for legal gender recognition (LGR) among non-binary people is often due to the accessibility and relevance of existing LGR frameworks. These frameworks typically do not include non-binary options, which discourages non-binary people from pursuing LGR.

For instance, while nearly 60% of trans women and men intend to seek legal gender recognition in the future, only 17% of non-binary respondents share this intention. This disparity suggests that non-binary people might not see current LGR options as applicable or beneficial to their identities, especially considering the potential discrimination they might face in the process.

Additionally, safety concerns significantly impact the daily lives of non-binary people. The FRA data revealed that 23% of non-binary people frequently hide their gender identity for safety reasons, a higher percentage compared to 10% of trans men and slightly more than trans women at 20%. This heightened sense of vulnerability underscores the pressing need for legal recognition and protection.

What do non-binary people want from the law?

Despite developments in Europe and farther afield, we still have relatively little data on what non-binary people want from the law and how they are currently experiencing different legal systems. This is something which ILGA-Europe, along with other civil society partners and a team of academics, will be looking to explore over the coming year. By understanding and addressing the specific challenges faced by non-binary people, we can better advocate for their rights and recognition across Europe.

Here is a list of useful resources for policy-makers and activists on the topic of non-binary rights: 

• Rainbow Map: Legal gender recognition
• Human Rights and Gender Identity and Expression: Issue Paper by the Council of Europe Commissioner for Human Rights
• Non-binary gender registration models in Europe: Report on third gender marker or no gender marker options by Lena Holzer for ILGA-Europe
• Intersections – Diving into the FRA LGBT II Survey data: Trans and non-binary briefing by ILGA-Europe and TGEU

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

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

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

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

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

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

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

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

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

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

ILGA-Europe

TGEU (Trans Europe and Central Asia)

Association Mousse

VS Advocaten

Read the Advocate General’s opinion here. 

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

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

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

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

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

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

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

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

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

Background

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

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

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

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

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

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

The dissenting opinion

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

More info

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

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

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

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

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

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.

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 ↩︎

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.

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.

LGBTI staff groups organise social events for LGBTI staff and allies, raise awareness and push for more inclusive employment policies within their companies, but can also have an important role in supporting LGBTI activism

Increasing numbers of companies across Europe have LGBTI employee groups, sometimes known as LGBTI Employee Resource Groups or ERGs, providing supportive peer network for LGBTI staff members. Company leadership’s support for LGBTI staff groups is an indicator of the company’s values and commitment to diversity & inclusion. Support can look like official recognition of employee groups, allocating budget for activities, showing up and hearing issues raised, and committing to respect the rights of LGBTI people throughout the company’s operations.

It’s important that activities and support don’t stop at the company walls. Employee-led initiatives can have a positive impact not only on company culture but in broader society and for the LGBTI movement.

Employee-led initiatives at businesses across sectors are increasingly supporting the vital work of ILGA-Europe, as demonstrated in our freshly updated and launched ‘Partnership for Equality’ guide for companies. Initiatives can be serious, fun, innovative and really contribute to employee engagement on top of having a positive impact for the cause.

Examples of employee-led initiatives

For example, Toyota Motor Europe’s LGBTI staff group, called ‘All Colours of the Rainbow’, hosted a range of events to celebrate 2023 Pride, including taking part in the Brussels Pride march and throwing a fundraising drag show at their headquarters offices benefitting ILGA-Europe.

The Ipsos Pride Network organised an internal webinar, inviting a guest speaker from ILGA-Europe to talk about the situation for LGBTI rights across Europe, helping to raise awareness among colleagues.

Meanwhile, the team at easyJet also organised an online talk on LGBTI rights across Europe, with a speaker from ILGA-Europe, to raise awareness of the situation for LGBTI communities especially in the countries to where the airline flies. On a more fun note, the team also organised a bake-sale, dress-up day and gave colleagues the chance to have a go on a dance machine, all to raise money for ILGA-Europe.

Many companies have in place employee giving programmes, in which they match charitable donations made by employees. ILGA-Europe has benefitted from matched donations by employees from Google, Netflix, F5, Spotify, TripAdvisor, Apollo and many more. A wonderful example of making the most of employer matching comes from Hue, WP Engine’s LGBTQIA+ Employee Resource Group, who marked Pride with a range of activities from charity talks to a poetry slam and dance party.  ILGA-Europe was one of their chosen charity beneficiaries for Pride, and WP Engine generously offered to match employee donations. 

If you’re part of an LGBTI employee network, or inspired to start one, you can find more inspiring examples and tips for getting involved in ILGA-Europe’s Partnerships for Equality guide.

Last year, Ukraine became a candidate country to join the European Union. But the country’s lack of LGBTI rights threatens to hinder the process

As Ukraine charts its course towards European Union enlargement, it’s vital to focus on improving LGBTI rights in the country. While there’s notable support from society – with 72% of Ukrainians now supporting equal rights for LGBT people – and the international community, hurdles within the Ukrainian Parliament, the Verkhovna Rada, and the Ministry of Internal Affairs threaten to impede progress.

Despite significant strides, resistance persists within the corridors of power. This resistance not only undermines Ukraine’s commitment to EU integration but also poses a threat to the rights and freedoms of LGBTI people.

The leverage of the EU accession process cannot be overstated. The European institutions and EU member states have strength and influence to achieve change. By actively engaging with Ukrainian counterparts and lending their support to legislative initiatives aimed at safeguarding the rights of all individuals, the European Commission and Parliament, but also EU governments play a crucial role in Ukraine’s journey towards EU integration.

Recognition of same-sex partnerships

Recently, members of the European Parliament’s LGBTI Intergroup sent a letter to President Volodymyr Zelensky, showing their support for two important draft laws in Ukraine. These laws, if passed, could make a big difference for LGBTI people in Ukraine and bring the country closer to joining the EU.

One of these laws, Draft Law 9103 is the Legal Recognition of Same-Sex Partnerships. Beyond its legal implications, this would symbolise a monumental shift towards equality and non-discrimination, echoing the values espoused by the EU. If passed, it would provide legal protections and rights to same-sex couples, similar to those enjoyed by heterosexual couples, such as inheritance rights, medical decision-making authority, and financial protections – many of these rights reaching a new significance since the onset of the war in Ukraine.

Protection against hate crimes

Another crucial law mentioned in the letter and awaiting the decision of the Ukrainian Parliament, Draft Law 5488, is the Protection Against Hate Crimes – including those motivated by sexual orientation or gender identity. If enacted, it would provide legal protections to LGBTI people and other vulnerable groups who are targeted for violence or discrimination based on their identity.

In its judgment of 11 April 2024 in Karter v. Ukraine, the European Court of Human Rights ruled that Ukraine violated Article 3 (prohibition of inhuman or degrading treatment) in conjunction with Article 14 (prohibition of discrimination) in view of the ineffective investigation of two verbal and physical attacks of the applicant, a gay man, involving homophobic slurs. Further to the first attack, the authorities did not follow up on the applicants’ hate crime allegations and initially classified it as a robbery. The Court noted that the criminal-law classification the national authorities had chosen for the second attack as falling under the ordinary provisions of criminal law undermined their ability to uncover the alleged homophobic motive behind the attack.

The Court specifically considered the lack of explicit recognition of attacks motivated by sexual orientation as an aggravating circumstance in domestic criminal law in general and under Article 161 of the Criminal Code in particular and the difficulty that the absence of such recognition in domestic criminal law causes in the effective investigation of homophobia-motivated attacks. It considers that domestic authorities should “conduct the investigation taking all reasonable steps with the aim of unmasking the role of possible homophobic motives for the attack” as, otherwise, “prejudice‑motivated crimes would unavoidably be treated on an equal footing with ordinary cases without such overtones, and the resultant indifference would be tantamount to official acquiescence to or even connivance with hate crimes.”

This court ruling serves as another reason for Ukraine to prioritize and enact legislation aimed at addressing the issues highlighted, further emphasizing the urgency of legal reform in safeguarding the rights of LGBTI individuals. As Ukraine moves forward on its path towards European Union enlargement, the support of EU institutions and politicians is crucial in achieving meaningful change and upholding the principles of equality and non-discrimination. By enacting these laws, Ukraine not only strengthens its position on the path towards EU integration but also reinforces its commitment to human rights.

Today, as we mark International Roma Day, we celebrate a diversity of voices within the Roma LGBTI community, revealing the resilience, strength, and beauty of a community that is often silenced and made invisible

For Roma people who identify as LGBTI, their lives come with a unique set challenges and complexities. It is a journey that traverses the intersections of race, ethnicity, gender, sexuality, and culture, navigating landscapes shaped by centuries of marginalisation and discrimination.

Within the Roma community, where traditions run deep and cultural norms are fiercely upheld, the experience of being LGBTI can be particularly fraught, often leading to invisibility, rejection and isolation. Yet, despite these challenges, so many Roma LGBTI people, who can be open about who they are, carve out spaces of belonging.

In this blog, through a selection of resources, we are shining a spotlight on the lived experiences, struggles, and triumphs of Roma LGBTI community, offering insight, understanding, and solidarity.

Stories of LGBTQ+ People of Roma Origin by Ara Art

This collection delves into the real-life experiences of queer Roma individuals. From tales of triumph to stories of struggle, these accounts offer a wonderful and enlightening glimpse into issues of multiple discrimination, but also celebrate the joy of being LGBTQ+ and Roma.  

Manifesto “A better place for Roma LGBT+ in social movements”

This manifesto, written by Roma feminists, queers, and allies, exposes the systemic racial inequalities and exclusion experienced by Roma LGBT+ individuals and calls for genuine representation, challenging existing power dynamics, and urging solidarity in combating racism and discrimination within social movements.

The Prague Declaration, published by Ara Art

A document from the First International Roma LGBTIQ Conference underscores the need to address discrimination faced by LGBTI Roma, Gypsy, Sinti, and Travellers across Europe, calling for the establishment of a joint European platform to advocate for their human rights.

Article by Lucie Fremlova about the book “Queer Roma: In-depth Insight into Their Lives”

Discussing the book, Queer Roma: In-depth Insight into Their Lives,  published by Routledge, this article highlights the publication’s profound exploration of the complex intersections of anti-gypsyism, homophobia, and transphobia shaping the identities of queer Roma individuals.

Gypsy, Roma and Traveller LGBTQ+ Spoken History Archive by RCAC and ERIAC

This archive made by Romani Cultural & Arts Company (RCAC) and the European Roma Institute for Arts and Culture (ERIAC) presents a diverse collection of interviews, representing intersectional experiences of LGBTQ+ individuals within Gypsy, Roma, and Traveller communities worldwide. Ara Art offers commentary on the work, further emphasising the significance of its narratives and insightful discussions.

Intersectional Inequalities Faced by Romani Queer Women by Ahmad Al-Kurdi

Exploring the challenges confronted by queer Romani women in Eastern and Central Europe, highlighting the interplay between economic deprivation and symbolic injustices within this marginalised group.

Unveiling Inequality Experiences of LGBTI+ Travellers & Roma by Dr. Sarah Sartori

This peer-research initiative from Ireland unveils the experiences of exclusion faced by LGBTI+ Travellers and Roma, and represents the largest study of its kind in the country, engaging 57 participants through online surveys and focus group discussions.

The Roma minority and its status in selected EU countries (CZ, SK AND HU) by Ara Art

This report delves into the situation of LGBTQ+ individuals of Roma origin and presents an analysis spanning the Czech Republic, Slovakia, and Hungary, offering realistic recommendations and reflections on future developments.

Roma LGBTI, Feminist Movement and Scholarship by Dezso˝ Máté

Reflecting on the past 50 years of the international Roma movement, this volume traces the evolution of Roma cultural identity politics and civil rights activism.

We acknowledge that there are many lesser-known yet equally valuable resources on Roma LGBTi lives and experiences created by smaller organisations and communities. We extend an invitation to these groups to share their resources with us, so we can enrich our list even further and ensure a more comprehensive representation of the Roma LGBTI experience.

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

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

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

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

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

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

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

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

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

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

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

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

Signatories

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

Additional Information

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

Organisations’ work on the European elections:

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

A brand new Issue Paper from the Council of Europe on Human Rights and Gender Identity and Expression not only sheds light on the challenges faced by trans and non-binary individuals across Europe and beyond, but also serves as a comprehensive tool for advocacy activism

The Council of Europe (COE) Commissioner for Human Rights, Dunja Mijatović, has released a new Issue Paper which thoroughly examines the challenges faced by trans and non-binary people across Europe. The Paper includes a wide range of insights, recommendations and analysis, offering a comprehensive overview of the landscape of the rights of trans and non-binary people in Europe and beyond.

The Paper includes 15 recommendations aimed at policymakers, legal professionals, civil society organisations, and other stakeholders, providing a clear roadmap for advancing the human rights of trans and non-binary people. These recommendations cover a wide range of demands activists have had for decades and cover a spectrum of directions, from fundamental reforms in legal recognition procedures, such as the removal of diagnosis and sterilisation requirements, to policy changes aimed at fostering greater inclusivity and respect for gender diversity, such as the call for the inclusion of non-binary gender markers on identity documents.

A dynamic new tool for change

This paper signals a renewed commitment of the COE to protecting the rights of trans and non-binary individuals, however, it is much more than that. It’s also a dynamic tool that provides a roadmap for advocacy efforts for legislative change. The 13 sub-chapters within the paper offer comprehensive analyses and recommendations, serving as robust advocacy tools in themselves, under these helpful headings:

•             Enjoyment of human rights

•             Equality and non-discrimination

•             Gender identity and gender expression conversion practices

•             Legal gender recognition

•             Violence, hate crimes and hate speech

•             Detention

•             Family life

•             Education

•             Sport

•             Employment

•             Poverty and housing

•             Healthcare

•             Sanitation

•             Asylum

Each sub-chapter is equipped with a wealth of references to human rights instruments, various studies, and laws, providing a solid foundation for advocacy work.

Let’s take recommendation No ’8 as an example:

Ensure that national laws prohibit discrimination due to gender identity and gender expression in all decisions relating to family life, including birth registration rules, custody, adoption and access to assisted reproductive technologies. When birth registration systems are gendered, trans people should be registered as parents in accordance with their gender identity, and alternative systems should continue to be explored to reflect the growing diversity of families.

Activists who have work on family rights for trans and non-binary people among their advocacy goals can go to chapter 2.6 in the paper, entitled Family Life. There are three subsections in the chapter: Parenthood, Parental status, and Trans families across borders. Each has references to case law or legal drafts and represents the Commissioner’s selection of arguments and resources that are most beneficiary to the cause.

In total, the paper includes 269 references, linked throughout. This not only demonstrates the depth of research underpinning the Issue Paper but also serves as a testament to its credibility and relevance in advocacy activism.

Powerful trans-inclusive terminology

The Paper also introduces a strong range of trans-inclusive terminology, ranging from “gender fluidity” to “non-binary identities,” thereby contributing to the normalisation and visibility of marginalised experiences. By embedding such terminology within a human rights framework, the paper not only validates the lived experiences of gender minorities but also challenges societal norms and stereotypes.

Consider the term “self-determination”, a concept prominently featured in discussions surrounding Legal Gender Recognition. This term, while commonplace in LGBTI activism discourse, holds profound implications for trans and non-binary individuals seeking autonomy over their gender identity. By unpacking such terminology within the Issue Paper, activists are equipped with the language and concepts necessary to articulate their demands and navigate legal and policy frameworks.

The importance of recognition

While LGBTI activists are intimately familiar with the gaps in trans and non-binary rights, it is of great importance that they are recognised and shed light upon in a forward-thinking paper from a human rights institution of such great influence, giving them further visibility across other movements and audiences. Through its comprehensive research, inclusive terminology, and actionable recommendations the Issue Paper on Human Rights and Gender Identity and Expression has every chance of contributing to our collective action in the advancing human rights of trans and non-binary people.

You can read the Issue Paper on Human Rights and Gender Identity and Expression here

We welcome and celebrate with local activists the news that the Greek parliament has adopted an historic bill introducing marriage equality, granting marriage and adoption rights to same-sex couples, as well as fully recognising marriages that took place in other countries, and family ties of children who were born abroad to same-sex parents.

ILGA-Europe and NELFA welcome the news from yesterday, 15 February 2024, that the Greek Parliament  adopted a bill introducing marriage equality.

This vote reflects the trend in Greek and European societies towards increasing equality for same-sex couples. The new marriage equality law will grant marriage and adoption rights to same-sex couples, as well as fully recognise all marriages and family ties of children who were born abroad to same-sex parents, and comes as a result of clear political leadership from the current Greek government.

The adoption of this law comes at a time when public acceptance of LGBTI people is on the rise in Greece and across Europe. In fact, an EU survey conducted in 2023 shows that public opinion in Greece as regards same-sex marriage is at an all-time high, marking also the largest increase in approval across all of the EU since the last iteration of the survey in 2019.

The law also follows a number of important legislative steps taken by the current Greek government to improve the access of LGBTI people to their rights and dignity, such as becoming the fifth European country to ban intersex genital mutilation (IGM) in July 2023, lifting the ban on men who have sex with men to donate blood in January 2023 and banning so-called ‘conversion practices’ against LGBTI minors and ‘vulnerable’ LGBTI people in May 2023.

Despite this important step towards equality for LGBTI families, the law does not remove all discrimination as:

• The law does not allow for access to in-vitro fertilisation (IVF) for same-sex couples of two women, meaning that the current discriminatory practice of only single women unable to conceive a child being able to access IVF in a Greek clinic, persists. This should also be made possible for same-sex couples made of two women, who also cannot conceive a child otherwise. Of the 19 EU countries which allow access to IVF for single women, the vast majority of them also allow access to IVF for female couples, coming to a total of 15. This reflects trends across the EU to ensure more equitable access to family and reproductive rights.
• Currently in Greece, altruistic surrogacy is available to opposite-sex couples only, creating a discrimination on the basis of sexual orientation i.e. gay men do not have equal access to the ability to have a child and form a family. The new law has not addressed this.

Greece’s adoption of marriage equality is a hugely important step for the recognition of equality of all couples, and a first step in achieving equality for all parents and people who wish to form a family. We encourage the Greek government to look at the remaining gaps in legislation and to propose measures to bring full equality for rainbow families in Greece.

Join statement by:

• ILGA-Europe
• NELFA – Network of European LGBTIQ* Families Associations

Despite hateful campaigns and attacks on LGBTI rights, more and more people across the EU agree that LGBTI people deserve equal rights and a life free from discrimination, according to a new report. 

Published last month, the latest Eurobarometer report, charting public opinion in the European Union, shows acceptance of LGBTI people is clearly on the rise across all EU countries. The claim of some governments that they represent the will of the majority of their people when discriminating against LGBTI people, does not hold against the findings.

The report also clearly shows that acceptance is significantly higher amongst people who know someone from the LGBTI community personally, counteracting the characterisation of LGBTI people as an abstract threat by some leaders. Being friends with LGBTI people has a large impact on responses to the survey questions.

The results, however, reflect clearly that ongoing attacks on LGBTI rights have had an impact. The report has found that more than half of the general public say there is widespread discrimination in their country on the basis of gender identity (being transgender, 57%) or sexual orientation (54%). Discrimination against intersex people is in the high numbers too, at 47%. Published last month, the report finds that the highest levels of perceived discrimination are on the basis of being Roma (65%), of skin colour (61%,), and of ethnic origin (60%). 

The Eurobarometer survey is carried out every four years, with the last report published in 2019. Public perception of discrimination against trans people has grown by nine percentage points (pp’s) since then, while against intersex people, it is up by eight pp’s. Sexual orientation is up just one pp, however the fact remains that over half of respondents think discrimination on the basis of sexual orientation is widespread.

However, at the same time, a rising number of 69% of EU citizens say that lesbian, gay and bisexual people should have the same rights as heterosexual people, and 64% say that trans people should have the same rights as everyone else. 

When it comes to legal gender recognition, 62% believe that trans people should be able to change their civil documents to match their gender identity. Further, 47% believe that official documents should offer a third option (X or O) for those who do not identify as female or male. Notably, for both of these questions, the percent of respondents agreeing increased (3 pp’s and 1 pp, respectively), but the number disagreeing also increased (2 pp’s and 4 pp’s, respectively). This may indicate that there is increased awareness of the issue in the EU, as in both cases, the number of respondents saying that they did not know decreased by 5 pp’s.

Increasing support also for same-sex marriage

72% of respondents say that same sex marriage should be allowed throughout Europe; up three pp’s since 2019. In Hungary and Poland, which have seen much anti-LGBTI rhetoric since the last Eurobarometer report, 42% and 50% of respondents agree with same sex marriage, respectively, showing the resilience of the public’s perspective even in the face of intense political anti-LGBTI pressure. The notable exceptions here are Bulgaria and Romania. Just 17% of Bulgarians agree with same sex marriage and 25% of Romanians.

Support for inclusive education

Most respondents think school lessons and material should include information about sexual orientation (71%) and the existence of multiple gender identities (68%). In 2019, 71% also said that sexual orientation should be included in curricula; so despite the heavy public attacks on inclusive education, support is stable.

In Hungary, the numbers of people agreeing with the inclusion of sexual orientation and gender identities (SOGI) in education have even gone up. There’s an increase of two pp’s in those who agree with inclusion of sexual orientation and a striking eight pp’s in those who agree with education on multiple gender identities.

Levels of comfort

The Eurobarometer survey asks respondents about their levels of comfort with LGBTI people in their lives, including with relationships their adult children are in, as colleagues, and in the highest elected positions.

The numbers in this regard are high. 59% of European citizens, for instance, would be totally comfortable if one of their children was in a love relationship with someone of the same sex, while 48% would be comfortable if their offspring were in love relationships with trans or intersex persons (the Eurobarometer survey puts both trans and intersex together in this series of questions). Lesbian, gay and/or bisexual government leaders would be “totally comfortable” for 68% of respondents (up 4 pp from 2019), while 58% would be happy to have a trans or intersex person in the highest elected position.

A clear message

The overall findings of this Eurobarometer survey are that despite a surge over the past few years in anti-LGBTI hate speech and violence, and negative media reporting particularly in relation to trans people, most Europeans are far more accepting of lesbian, gay, bisexual, transgender and intersex people than it would appear on the surface, and that governments who are introducing legislation that discriminates against LGBTI people are not in accordance with the will of the citizens of their countries. As a measure of attitudes in the EU, it shows that governments should be introducing more protections, while making sure that legislation already in place is fully implemented.

This year marked the end of Evelyne Paradis’ tenure as Executive Director of ILGA-Europe. Here Evelyne shares five fundamental things she’s learned over almost 20 years in the job about how the LGBTI movement can continue and grow as powerful agents of change

Over the past 18 years, I’ve had the privilege to hold a very unique vantage point on the LGBTI activist movement in our region, the journey of human rights for LGBTI people in the political framework, and how this work has been funded. Here are some reflections that seem particularly relevant to me at this particular moment in time.

As we watch the further rise of far-right, anti-democratic forces, there are many reasons to worry that the work for human rights is unravelling, including a backsliding in places where we thought many LGBTI human rights protections had been secured.

While we find ourselves in a very complex and dim situation right now, one of the unique beauties of having been with ILGA-Europe for almost two decades is that the longevity of those 18 years allows me to see just how much positive change has happened and how far we have actually come.

There have been enormous leaps forward in legal protection of the human rights of LGBTI people; remarkable shifts in public attitudes supporting LGBTI people across the region; an empowering surge of visibility of LGBTI people across parts of society; a multitude of free and affirming Pride marches and other public events taking place every year; a growing diverse and impactful LGBTI movement driving change in every country; and a significant increase in political support for LGBTI human rights and equality across Europe.

Our movement has so much to be proud of, and we continue to be more empowered, resourced and supported as we continue to move forward.

None of the progress happened overnight, nor happened easily. It is first and foremost thanks to the fierce perseverance, unwavering commitment, dedication of time and self of countless past and present activists. It is also about how activists, groups and organisations have been doing the work over the years.

Looking back at this progress, I’m looking forward with the knowledge of what has been core to the change over the years, and how that can be both recognised and harnessed so that this movement can continue to make change happen. Here are my five fundamental understandings:

1. Real change is most often a result of long-term, sustained and collective efforts, including a lot of invisible work

In our social media driven world, it can be tempting to go for fast wins that make for attention grabbing stories, to focus on where immediate opportunities for change lie, to think that a single person, group or organisation can make change happen on their own.

But looking at the bigger picture, at how wins were secured and change has actually come into being, none of this thinking holds.

From my experience, here are key ingredients to our collective successes:

It’s been about holding the longer-term vision and being dedicated to planting seeds for longer-term change, while attending to the more immediate needs emerging from communities

It’s been about investing in the too often invisible and very time-intensive, yet essential work of building alliances and relationships based on trust and mutual respect across movements

It’s been about creating safe and inclusive spaces where communities build their own strengths and become true agents of change about their own lives

It’s been about consciously making time to learn from each other and to challenge ourselves and our thinking, and remaining open to new learning from within and outside our movement

It’s been about finding ways for all of us to play our part, from local, national, regional and global, knowing that it’s when we bring it all together that we achieve most change

It’s been about seeing the value of different strategies and knowing we all have a role, whether it is speaking with politicians and policy-makers, providing direct services, organising public action, and so much more.

It’s been about placing humanity at the core of our actions, especially in times of turmoil, and making sure the work is about real change in the day-to-day lives of real people.

2. We must embrace and harness the power of our diversity

Diversity is at the core of what makes this movement strong. It is about diversity of lived experiences, of identities, of positions in the world. It’s about diversity of strategies, of ways of organising and of ideas.

Our diversity is a richness. It’s what makes the movement dynamic and creative. It’s what allows us to learn and to grow by having a range of perspectives and insights. It’s what makes us more accountable and ultimately more inclusive as we hear, engage with and create spaces for the wide range of voices to have equal share in our communities and societies.

Most of us recognise this, and yet, in our practices and actions, we too easily overlook, brush aside, ignore diversity in experiences, in ideas and opinions, in privileges. That’s because embracing diversity is not always easy. We all know how quickly our differences can become sources of tensions rather than bringing us together.

That’s why for our diversity to be a real strength, it requires everyone in the movement to be committed to learning and to having conversations, some of them challenging and uncomfortable. It requires that each of us question our own points of resistance to diverse perspectives and realities, and work on how we each contribute to connecting across our differences.

Even though it may not always feel like it, this movement has shown it can have those difficult conversations. What I have seen over my years at ILGA-Europe is that when we embrace those differences, and when we create conditions to address any tension expressed in a safe and constructive manner, when we are open to being shaken to our core, that’s also where learning and growth happens. And we need to continue to learn if we are to move ever closer to our vision of truly equitable spaces in communities, movements and societies.

I do hope that activists in our movement will have full trust in their ability to have these harder yet necessary conversations collectively. What I’ve seen over all these years is that people care deeply about continuing to learn about each other’s different realities, and to explore what is the best and better way of doing the work. And that at the end of the day, kindness and care prevail.

3. Trusting and supporting others to change is essential to our work

We have to trust that people can learn and do change. I say this with great confidence because none of the achievements of the past decades would have been possible if politicians, allies across our societies, the communities in which we live, had not changed.

This said, trusting that people can learn and change requires from us that we can take a big leap of faith and that we are patient. There is no denying that it is often such a hard thing to do. Especially because it asks of us that we accept that people will make mistakes along the way, and that if they are to learn from those mistakes, it often means that we are the ones taking on a responsibility in supporting them to do so.

It is hard because it also requires us to have the humility to recognise that learning and changing is hard for everyone, including ourselves. None of us like to change. In fact, very few of us change our minds easily, especially on what we hold most dear in our lives. We have to acknowledge this about ourselves so we can see this and accept it in others. As difficult as this is to do, this is also where we can connect as human beings and bring people along.

4. We have every right to ask with confidence for the resources we need

As I offer these reflections, I want every activist to know that I see and have seen, just like the whole ILGA-Europe team has, that there is a huge pressure on everyone in this moment. While profound and lasting change has happened over the past two decades, we cannot deny that this moment in time is difficult.

As activists, you truly deserve to have adequate means, both in money and people, and to receive truly meaningful support from people and institutions who have resources to accompany you.

LGBTI groups and organisations, big and small, are carrying a very heavy load. They are continuing to adapt their actions to make progress despite the increasing number of obstacles, and they are taking on many new tasks in addition to work they’ve been doing for years already, finding ways to continue to be there for their communities in sometimes very high-risk and conflict-ridden contexts, all the while continuing to care for each other and still show up for other movements.

In many places, activists are not only carrying the LGBTI work, they are at the forefront of fights for gender equality, sexual and reproductive rights, democracy and social justice, and they are delivering humanitarian aid.

This work is not only about LGBTI rights and equality, but is about the survival of democracy, so you should know you can be confident and clear in saying to donors and institutions who have means to support you: “This is what we need from you, and this is how we need you to show up for us”.

5. We must share power, elevate each other, and invest in collective strength

Thinking back to what ILGA-Europe look liked when I started, it might look profoundly different. From a team of six to one of 25, a budget that is six times what it was, a membership that more than triple in size, ILGA-Europe has grown so much over those years.

And yet, to me, ILGA-Europe has not changed in what matters most. Beyond the growth markers in the organisation, such as staff numbers and annual budget, far-reaching political reach and impact, we have stayed true to our core values, the values that I arrived into, the values and vision of how to do movement work that came from the many people who paved the way.

The strength of ILGA-Europe comes from the core belief that it is only by working together, by sharing power and by elevating each other that we achieve the change we want to see in our world. When an organisation is built around nurturing the best in all of us and bringing it all together so that everyone can contribute and feel part of a shared purpose, therein lies true strength.  

I have been asked what I thought my legacy with ILGA-Europe would be. If there’s a legacy to be had, I’d like it to be this: that ILGA-Europe will continue to strive, to innovate, to meet the moment, and get even more beautiful as time continues. To show that it is never about one person but about what is built collectively over time.

LGBTI activists from new EU enlargement countries, Ukraine, Moldova and Georgia have gathered in Brussels to call on EU representatives to live up to the promise that comes with the accession process

Today, LGBTI activists from Ukraine, Moldova and Georgia met with EU representatives in Brussels to explain serious challenges facing lesbian, gay, bisexual, transgender and intersex (LGBTI) people in their countries, and urge European institutions and Member States to live up to the hope they have given in granting all three countries prospects of becoming members of the EU.

In the wake of Russia’s invasion of Ukraine, the EU has made enlargement a priority in the eastern neighbourhood region, recently opening the path for Ukraine, Moldova and Georgia to join the EU. Ukraine and Moldova were granted candidate status by the EU Council in June 2022, and just last month the European Commission advised that Georgia should also receive candidate status at the upcoming December Council.

The prospect of joining the EU is an important motivation for governments to make reforms on advancement of rule of law and protection of fundamental rights. It is especially important in this context that the EU insists that the protection of LGBTI people’s human rights are a core part of those requirements, as governments are often falling behind the requirements. Recommendations from the EU regarding the human rights of LGBTI people are key tools supporting LGBTI organisations to engage with their governments and hold them accountable to the commitments made.

In all three countries hate crime and hate speech against LGBTI people remains a serious issue. While both Moldova and Georgia have legislation protecting against hate crime on the grounds of sexual orientation and gender identity, hate crimes are consistently not registered and prosecuted. Ukraine still needs to adopt such legislation, which is currently being debated in parliament. Despite the international obligations of these countries to provide a legal framework for the recognition of same-sex couples, none of them have adopted such legislation. The inequality this creates is particularly highlighted in Ukraine at this time, where the lack of rights of same-sex partners of soldiers wounded or killed are laid bare. International standards as regards legal gender recognition are that the procedure should be quick, transparent and accessible without abusive requirements. Currently all three countries fail to live up to this for different reasons.

Says Rina Rybalko from Gender Stream, Ukraine: “We believe that Ukraine being an EU candidate country shows bilateral willingness to cooperate and integrate, especially in terms of common values, human rights standards and opportunities. This is an important step towards strengthening democratic values and supporting civil society in Ukraine, where freedom, diversity and human rights are a priority.”

Leo Zbancă from GENDERDOC-M in Moldova says: ”The LGBTI community in Moldova faces risks due to growing anti-LGBTI narratives promoted by pro-Russian forces. We see Moldova’s move to join the EU as vital for protecting LGBTI rights and ensuring the dignity and safety of the community.”

According to Mariam Kvaratskhelia from Tbilisi Pride: “Georgia should be granted candidate status and should move further on the EU integration path without sacrificing LGBTI rights and equality, which is unfortunately what the government is currently doing.”

The accession process comes with hope in candidate countries that the prospect of EU membership will help secure a better life for LGBTI people through the implementation of EU law and standards. However, the road to EU accession can be long, and hope and ambition can turn into disillusionment and disengagement if reforms are not seen through and the efforts of people and governments are not supported and awarded by the EU.

According to Executive Co-director at ERA, Danijel Kalezić from Montenegro, which became a candidate country in 2010: “In the last 15 years in the Western Balkans, we saw how the EU enlargement process can highly contribute to the legal protection and advancement of human rights for LGBTI communities. Unfortunately, we have also seen how a lack of direct and visible political support from the EU to grassroots movements in crucial moments can result in providing a space for anti-democratic movements to stop progress achieved and push the backsliding that is currently ongoing in our region.”

The meetings between activists and EU representatives in Brussels this week were facilitated by ILGA-Europe, the largest umbrella organisation for the LGBTI movement in Europe. According to ILGA-Europe’s Advocacy Director, Katrin Hugendubel, “These meetings are essential because we need to ensure that all EU institutions engaged in the enlargement process understand what is at stake – the huge potential to work for better respect of LGBTI people’s human rights through the process, but also the big risk of backlash in case the EU is not following through the accession promises.

“We see in the Western Balkans after years of active engagement on advancing human rights and fulfilling accession conditions, people are now disillusioned and the influence and leverage of the EU is quickly diminishing. Tensions in the region are high and the influence of other global forces is very real and worrying. In Georgia, Moldova and Ukraine, people want to move towards the EU and democratic reforms are undertaken to do so. The EU needs to support these efforts and stand clear on its promise of accession.”

Today, November 20, we celebrate UN World Children’s Day, and feel compelled to draw attention to the recent developments in Italy where some children no longer have their parents recognised.

Earlier this year, Italy’s Minister of Interior of Meloni’s government announced that registrars should no longer register the children of same-sex couples. The government’s intimidation resulted in a series of administrative and legal attacks against LGBTIQ* families throughout the country. 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. On Tuesday 14 November 2023, the first hearings possibly leading to the retroactive removal of the non-biological mothers’ names from their respective birth certificates, effectively erasing the legal motherhood of the non-biological mothers, took place before the Court of Padua. The public prosecutor’s office and the lawyer of the mothers in question, claim that removing one mother is unconstitutional.

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. The deregistration of a parent marks a clear breach of human rights, with significant negative impacts on the well-being and day-to-day lives of the parents and the children, and is clearly not in the best interests of the child.

These attacks are possible due to the fact that Italy lacks a national law ensuring recognition at birth or through the adoption of the children of same-sex couples. A few courageous mayors have in the past agreed to register the birth certificates of children with two mothers or transcribe the birth certificates of children with two fathers to ensure the children are not exposed to discrimination. The order to deregister one of the parents ultimately amounts to orphanage by decree, instigated by the prosecution and in line with the Meloni government’s clear stance of not recognising the parental rights of LGBTIQ* individuals.

This is a reminder that only legal protections such as adoption rights for same-sex couples can ensure that the fundamental rights and the best interest of all children to have their parents recognised are guaranteed.

These attacks on rainbow families are happening in the context of broader attacks on the LGBTIQ* community in Italy and their fundamental rights by the government. Similar to the guidelines to deregister parents, schools have been called upon to no longer accept the gender identity of trans children in education, and a draft law proposes to withdraw the possibility of seeking asylum based on prosecution based on sexual orientation and gender identity. LGBTIQ*-phobic hate speech, also from politicians, has been on the rise. The Meloni government is proposing to criminalise surrogacy arrangements made by Italian couples abroad, another move that might leave children without parents and thereby extremely vulnerable. 

The European Court of Human Rights clearly ruled that 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 regarding conception. Children have an undeniable right to the protection of their private and family life. World Children’s Day serves as a reminder of our collective responsibility to ensure every child’s right to a stable and loving family environment. 

We condemn the recent attacks on rainbow families and urge the Italian government to reconsider the current anti-LGBTIQ* actions and decisions. All families need to be recognised and respected, without discrimination, in order to protect the best interest of the child and make sure they are not exposed to discrimination.

• NELFA – Network of European LGBTIQ* Families Associations
• Famiglie Arcobaleno, ItalyArcigay Nazionale, Italy
• ILGA-Europe
• EL*C – Eurocentralasian Lesbian* Community
• Društvo kulturno, informacijsko in svetovalno središče
• Legebitra, Slovenia
• Familles-arc-en-ciel/Regenbogenfamilien/famiglie_arcobaleno/famiglias_a’artg, Switzerland
• Sateenkaariperheet ry / Rainbow Families Association Finland 
• ILGA World

Today at a conference in Ljubljana, organised by Europe’s leading LGBTI organisation, ILGA-Europe, Slovenia’s State Secretary at the Ministry of Labour, Dan Juvan, committed to the next steps in preparing the National Strategy for the Equality of LGBTIQ+ Persons. 

Today, October 27, marks a significant step forward in the journey toward equality and inclusion for the LGBTIQ+ community in Slovenia.

At a press conference during the ILGA-Europe Annual Conference in Ljubljana, which brings together hundreds of LGBTI activists from 54 countries in Europe and Central Asia, Slovenia’s State Secretary at the Ministry of Labour, Dan Juvan (MDDSZEM), further committed to the preparation and publication of the country’s first national strategy for LGBTIQ+ persons.

“Homophobic and transphobic violence exists and remains; individuals do not feel safe. That is why I am here, representing the ministry and the Levica party, to commit ourselves to addressing this issue. In the end, it is crucial that we discuss specific policies and measures to identify problems and find solutions,” State Secretary Juvan said.

This further commitment comes after the Ministry of Labour, Family, Social Affairs, and Equal Opportunities was directed by the Parliamentary Commission for Petitions, Human Rights, and Equal Opportunities last July to prepare and adopt the National Strategy for the Equality of LGBTIQ+ Persons in Slovenia in 2024.

Slovenia has made progress in safeguarding LGBTI rights, but challenges persist, particularly in areas concerning legal protection, education, healthcare, and overall social security. The urgent need for a comprehensive National Strategy for the Equality of LGBTIQ+ Persons in Slovenia is underscored by the rise in anti-LGBTIQ+ rhetoric and physical violence against LGBTIQ+ people in the country.

Over the next 14 months, the Slovenian government has committed to engaging in extensive consultations with civil society representatives and relevant institutions across various sectors. These consultations will form the foundation of our National LGBTIQ+ strategy and action plan, ensuring that it is effective and reflective of the diverse needs of the community.

Also in attendance at the press conference was Head of the Slovenian Equality Body, Miha Lobnik.

“In Slovenia, we have committed to implementing systematic anti-discrimination policies,” Lobnik said. “However, we lack a central focal point that systematically addresses minority issues, aligning with both national and EU commissions’ expectations.

“The government must take responsibility for systematically and effectively addressing minority concerns. Today’s discussion was a chance to focus on this area. I have called on governments twice before, and now this government faces the challenge of actually following through. A clear plan and concrete steps are crucial.

According to Katja Štefanec of Ljubljana Pride Association: “We recognise the crucial roles of both our Ministry of Education and Ministry of Labour in this process and are actively seeking cross-sectoral cooperation with various stakeholders, as we aim to enhance the impact of the strategy across diverse areas of influence and change-making efforts.

“We look ahead to 2024 with big expectations and will work closely with those responsible for the creation of a create a strategy that will enhance the protection of LGBTIQ people’s human rights in Slovenia and create a more inclusive, accepting society for all.”

ILGA-Europe’s Advocacy Director, Katrin Hugendubel added: “Over the past few years, we have seen a stark rise in the levels and severity of anti-LGBTI hate and violence across Europe. In this context and at this moment in time, we very much welcome the political commitment of the Slovenian government to develop a national action plan to tackle LGBTIQ+ discrimination by the end of 2024. We echo the call of national LGBTIQ+ organisations that they are involved in the development of the plan over the next 12 months. Their close involvement is essential, as they know the realities of the needs of the community this plan will address.”