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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BACKGROUND

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

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

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

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

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

We call on the members of the European Parliament to reject the “Prostitution Report”. The criminalisation of any aspect of sex work further compromises vulnerable groups, increases risks of violence, and will not combat human trafficking and forced labor. This proposal isn’t the solution, we need to protect women and all sex workers. Read our joint open letter.

We, the organisations united under the European Coalition on Sex Workers’ Rights and Inclusion, call on all Members of the European Parliament to reject and to vote against the report Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights, 2022/2139(INI).

Our organisations are leading civil society networks and human rights organisations. We have decades of experience and expertise in addressing women’s rights and gender equality, human rights, sexual and reproductive health and rights, HIV, harm reduction, the rights of LGBTI people, digital rights, human trafficking, migration, racial justice and criminal justice. Within these numerous fields of expertise, all 13 organisations have come to the same conclusion: criminalisation of any aspect of sex work, which is proposed by this report, does not protect the rights of women and others engaged in sex work for manifold reasons, and does not help address the very serious issue of human trafficking and forced labour. It is only by adopting a human rights-based approach, decriminalising all aspects of sex work, and meaningfully including sex workers and sex workers’ human rights defenders in decision-making, that people selling sex, including victims of sexual exploitation, can be protected and serious human rights violations against people selling sex experience can be addressed.

We consider the submitted report, which will be put to a vote in plenary on September 14, to be biased and harmful for people selling sex and other vulnerable groups for the following reasons:

• The report calls to punish sex workers’ clients (Para 9, 22, 38) and make it a criminal offence across the EU to solicit, accept or obtain a sexual act from a person in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such a benefit (so-called Nordic model). 
• While proposing the adoption of this model of criminalising the client (introduced, for example in Sweden, France, and the Republic of Ireland), the report ignores the body of evidence^[1] on its negative impacts on human rights of people selling sex. Sex workers report increased precarity and vulnerabilities to violence and infectious diseases (including HIV) and reduced trust in authorities. Sex workers face increased stigma, barriers to accessing services and justice, and increased risks of homelessness in countries where such criminalisation is in force.
• This report ignores the fact that a similar provision is currently under review by the European Court of Human Rights for alleged violations of Articles 2, 3 and 8 of the European Convention on Human Rights in the case of M.A. and 261 others vs France^[2]. On August 31 2023, without ruling on the merits at this stage, the Court declared the application admissible after acknowledging that the applicants were entitled to claim to be victims, within the meaning of Article 34 of the European Convention on Human Rights of the alleged violation of their rights under Articles 2, 3 and 8^[3] and dismissed the Governments’ preliminary objections. The Court, in its decision acknowledges that “the applicants produce evidence tending to show that the clandestinity and isolation induced by this criminalisation increase the risks to which they are exposed” (Para 38).
• The report also denounces the effects of the legalised model (introduced in Germany, the Netherlands, Austria), but fails to consider the latest legal and policy developments such as the full decriminalisation of sex work in Belgium in 2022, which was adopted based on evidence, and recommendations of human rights organisations, UN agencies and meaningful consultation with sex workers, to better protect sex workers’ human rights and more effectively combat human trafficking.
• The report further misinterprets the findings of multiple health studies. The studies  referenced^[4] in Recital K directly contradict the call to punish clients and criminalise the purchase of sex. These calls are also opposed by numerous UN agencies, such as the Joint United Nations Programme on HIV/AIDS (UNAIDS)^[5], the World Health Organization, the UN Population Fund (UNFPA), and the UN Development Program (UNDP).
• The report misinterprets the definition of trafficking in human beings as set out in Article 2 of Directive 2011/36/EU. According to the report, the “consent of a victim of trafficking in human beings to the exploitation, whether intended or actual, shall be irrelevant where it is obtained through the giving or receiving of payments or benefits“. The quote, however, omits the second part of the sentence. The full text reads that the consent of the victim of trafficking is irrelevant “where it is obtained through the giving or receiving of payments or benefits to achieve the consent of a person having control over another person. In other words, for trafficking there must always be a third party involved who exercises one of the coercive or deceptive means for the purpose of exploiting that person. The exchange of sexual services (or any other service) between consenting adults is not trafficking. It becomes trafficking when, simply said, person A gives or receives payments or benefits to obtain the consent of person B who has control over victim C with the aim of exploiting victim C.
• The report makes further claims related to human trafficking which are not based on evidence. For example, it claims that trafficking for sexual exploitation is increasing when the latest available data^[6] published by the European Commission actually show a slight decrease in the number of identified victims of trafficking for sexual exploitation in the EU. It also claims that countries which have criminalised the purchase of sex (such as Sweden, Ireland, and France) are “no longer big markets” for trafficking for sexual exploitation, when this is not the case – the Eurostat data^[7], again, does not support such a conclusion.
• The report further denies a particular group of women (women who sell sex) their right to bodily autonomy (Paragraph 11, Recital C) by rendering void consent to sexual acts which involve payment or receipt of benefits. Criminalising the purchase of sex denies an entire group of people (most of whom are women) the right to make decisions about their lives. Similarly, the March 8 Principles by International Commission of Jurists (ICJ, 2023)^[8] unequivocally opposed such criminalisation due to its detrimental effects on the human rights of people selling sex. This can lead to dangerous assumption that women who sell sex, in fact, cannot be raped.
• The report further calls for the introduction of criminal sanctions against anyone who profits from prostitution (Recital AK). This proposal fails to distinguish between conduct that is exploitative, abusive, or coercive, and activity that is personal, practical, and supportive or for the purposes of safety of people selling sex. This practice leads to the criminalisation of sex workers sharing premises for safety. It is also routinely used to evict people selling sex from their homes and apartments as landlords can be criminalised for ‘profiting from prostitution’. For some EU MS, like Portugal, the proposed definition has been recognized as unconstitutional^[9].

In June, the prestigious health journal The Lancet^[10] called on you to vote against this report as it is based on false or misleading information and would be harmful to the people it claims it wants to protect. Likewise, we, as feminists and women’s rights advocates, human rights defenders, service providers, researchers, and NGOs with decades-long experience, urge you to vote against the report “Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights, 2022/2139(INI).

Brussels, September 5, 2023

Signed by

• Amnesty International
• Equinox Initiative for Racial Justice
• European AIDS Treatment Group
• La Strada International
• ENAR
• The European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)
• Transgender Europe (TGEU)
• Human Rights Watch
• International Planned Parenthood Federation – European Network (IPPF EN)
• PICUM
• Correlation-European Harm Reduction Network (C-EHRN)
• ESWA
• AIDS Action Europe

^[1] Ireland: “We live within a violent system.” Structural violence against sex workers in Ireland – Amnesty International (2022), W922-0152-WPS-Policy-Paper-6-singles.pdf (lse.ac.uk) (2022), What do sex workers think about the French Prostitution Act? (hal.science) (2019), Assessment of impact criminalisation of purchasing sexual services | Department of Justice (justice-ni.gov.uk) (2019), https://www.icj.org/icj-publishes-a-new-set-of-legal-principles-to-address-the-harmful-human-rights-impact-of-unjustified-criminalization-of-individuals-and-entire-communities/ (2023)

^[2] See the preamble of the report: having regard to the ongoing communicated case 63664/19, 64450/19, 24387/20 et al. of the European Court of Human Rights of 12 April 2021, see also the case file: M. A. ET AUTRES c. FRANCE et 4 autres affaires (coe.int)

^[3] See also the Court’s decision on admissibility  M. A. AND OTHERS v. FRANCE (coe.int)

^[4] Platt, L. et al., ‘Associations between sex work laws and sex workers’ health: a systematic review and meta-analysis of quantitative and qualitative studies’, PLOS Medicine, Vol. 15, No 12, 2018.,

Wong, S., ‘Decriminalising sex work would cut HIV infections by a third’, Imperial College London, 24 July 2014.

^[5] HIV and sex work — Human rights fact sheet series 2021 | UNAIDS

^[6] Trafficking in human beings statistics – Statistics Explained (europa.eu)

^[7] Statistics | Eurostat (europa.eu)

^[8]https://www.icj.org/icj-publishes-a-new-set-of-legal-principles-to-address-the-harmful-human-rights-impact-of-unjustified-criminalization-of-individuals-and-entire-communities/

^[9] Profit is not a criminal offence, judges have held that “a person’s decision to engage in prostitution may constitute a full expression of his or her sexual freedom”. And they argue that it is unconstitutional to punish with jail time those who profit from the prostitution of other persons practiced of their own volition. https://www.publico.pt/2023/05/09/sociedade/noticia/movimento-trabalhadores-sexo-elogia-decisao-tribunal-constitucional-2049084

^[10] https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(23)01179-0/fulltext

Despite intense anti-LGBTI attacks in several countries, equality is still advancing across Europe, ILGA-Europe’s annual Rainbow Map and Index shows.

The latest Rainbow Map and Index from Europe’s leading LGBTI organisation, ILGA-Europe, finds that while the public discourse is becoming more polarised and violent, particularly against trans people, political determination to advance LGBTI rights is paying off. The largest gains on the map are for countries that introduced legal gender recognition (LGR) using a self-determination model.

Published on Thursday, May 11, 2023 at the IDAHOT+ Forum in Iceland, ILGA-Europe’s annual Rainbow Europe Map and Index, ranking the legal and policy situation of LGBTI people in 49 European countries, finds that over the past 12 months bans on intersex genital mutilation (IGM) are also bringing countries up in the ranking. Spain jumped six places to number four with its introduction of LGR with self-determination, alongside a ban on IGM, while Finland entered the top ten, again up six places, again with LGR based on self-determination. Greece has also moved up four places with its ban on IGM.

Gender identity and sex characteristics are included in anti-discrimination and/or hate crime legislation, moving Belgium, Iceland and Moldova up the chart alongside Spain.

While the advancement of legislation recognising gender identity marks a major shift forward this year, there is more positive movement on the Rainbow Map and Index, notably:

• Moldova has jumped 14 places because sexual orientation and gender identity have been positively included in legislation covering employment, education, provision of goods and services, health, hate crime and hate speech.

• Slovenia and Switzerland switched positions. Both countries introduced same-sex marriage and joint adoption. Switzerland also allows medically assisted insemination for couples. Croatia too moved up one spot with its introduction of adoption for same-sex couples.

According to ILGA-Europe’s Executive Director, Evelyne Paradis: “As powerfully evidenced in this year’s Rainbow Map, the rise of anti-LGBTI rhetoric from anti-democratic forces, particularly instrumentalising false anti-trans narratives, is being fought back by politicians in Europe who have the courage to make a stand for the fundamental human rights and equality of every citizen. The map highlights the clear fact that progress for LGBTI people is still possible, and more important than ever, with the need for more leaders to push back on attacks on democracy for all by pushing forward. We commend those politicians who have taken the stance that needs to be taken for the good of everyone in our society, and we encourage more to step up to the plate as across Europe democracy and human rights are under threat from the far-right.”

Katrin Hugendubel, Advocacy Director at ILGA-Europe adds: “Governments, but also other political actors and institutions can and have been making a positive difference this year. A lot of progress relies on the Courts, for instance, at local, national and European level. Poland remains the country in the EU with the lowest ranking at 43rd place, but the country gained points in the index this year because of the courts ensuring that no surgical interventions are needed for legal gender recognition and the equality body extending its work to include intersex people. In a very hostile global climate, we are seeing different actors coming together, and weighing in more actively for LGBTI rights, which is crucial to counter the pushback.”

That pushback can also be seen in the challenge to freedom of assembly amid the rise of anti-democratic forces. Markedly, Serbia, which hosted a seriously compromised EuroPride march after last-minute attempts by the Serbian President and Minister of the Interior to ban the event, went down three places, while Turkey remains almost at the very bottom of the ranking after another year of crack-downs on Pride gatherings, showing that in 2023 the basic right to gather in a public space still cannot be taken for granted.

Released every May since 2009, marking International Day Against Homophobia, Transphobia, Biphobia, and Intersexphobia (IDAHOBIT), the ILGA-Europe Rainbow Map ranks all 49 European countries on a scale between 0% (gross violations of human rights, discrimination) and 100% (respect of human rights, full equality).

Executive summary 2023

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

The Rainbow Map and Index ranks 49 European countries on their respective legal and policy practices for LGBTI people, from 0-100%.

In order to create our country ranking, ILGA-Europe examine the laws and policies in 49 countries using 74 criteria, divided between seven thematic categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition; intersex bodily integrity; civil society space; and asylum. More information on the list of criteria and their weight on the total score can be found at www.rainbow-europe.org/about

Policymakers, researchers and journalists are able to go ‘behind’ the points and see the original information sources that we base our Map and Index ranking on. This additional layer of information is available through our updated Rainbow Europe web module, www.rainbow-europe.org.

The Rainbow Map and Index presents a picture of what the policy landscape is like currently, while our country-specific recommendations attempt to answer the question “what’s next?” These recommendations are intended to encourage policymakers to address the most pressing legal and policy priorities within the framework of our Rainbow Map and Index.

The recommendations were gathered following an online consultation with a wide range of LGBTI organisations in the various countries. As a result, the recommendations are tailored to the needs of activists working on the ground.

• For the eighth year in a row, Malta continues to occupy the number one spot on the Rainbow Europe Map, with a score of 89%.
• With 76 points, Belgium now occupies the second place with a rise of four points due to the inclusion of gender identity and sex characteristics as aggravating factors in the country’s penal code.
• Denmark comes third place with a score of 76 with the rise of two points due to its new equality action plan, which includes specific measures on sexual orientation and gender identity but falls short of inclusion of projects on sex characteristics.
• The three countries at the other end of the Rainbow Europe scale are Azerbaijan (2%), Turkey (4%), and Armenia (9%), exactly the same as the last three years. Among them, only Armenia increased an index point after revoking its ban on blood donations from men who have sex with men.
• Spain, Iceland, Finland, Moldova, Switzerland, and Croatia are the countries with the biggest jump in scores. Spain introduced a comprehensive law that regulates legal gender recognition (LGR) based on self-determination, banned genital mutilations on intersex minors, prohibited so-called “conversion” practices and outlawed discrimination based on sexual orientation, gender identity, and sex characteristics.
• Iceland adopted an equality action plan, included gender identity and sex characteristics in their equality law, and added sex characteristics protection in the penal code. Moldova also amended its equality law and penal code to include sexual orientation and gender identity.
• Finland adopted its Trans Law which regulates LGR based on self-determination.
• Switzerland’s legislation on marriage equality came into effect, which also gave the right to joint adoption and medically assisted insemination for same-sex couples. In Croatia, same-sex couples can now apply for joint adoption and second-parent adoption after a court decision.

For further comment, contact: Ana Muñoz Padrós, ILGA-Europe: ana@ilga-europe.org, +32 493 35 60 55

Tackling hate crimes against LGBTI people requires the cooperation of police authorities, but for different reasons this doesn’t always happen. In this blog, we share some ways in which LGBTI organisations can contribute to combating attacks against the LGBTI community, which are still on the rise across Europe.

In our latest Annual Review of the Human Rights Situation of LGBTI people in Europe and Central Asia, we’ve continued to see a rise in hate attacks against LGBTI people across the region. While this is not a new trend, it’s a concerning one that we’ve been monitoring for some time. Many survivors of these attacks do not report them to the police but instead turn to civil society, an in particular LGBTI organisations for help.

People in LGBTI organisations are trusted by their communities and survivors of hate crimes often feel more comfortable approaching them than the authorities. This is why many LGBTI organisations not only provide support but also collect data and monitor these attacks. However, organisations can only do so much, for this reason cooperation with law enforcement authorities is crucial.

The European Commission has developed a guide for national authorities on how to work collaboratively with civil society organisations in combating hate crime. Civil society organisations play a vital role in understanding the needs of victims, the local context, and the challenges faced by those at risk of hate crime. Partnerships with the police can lead to tailored responses to hate crimes, support operational police work, and help build trust and confidence in authorities.

Here are some actions that LGBTI organisations can take to contribute to police work in combating hate crime:

• Reach out to individuals and groups at risk of hate crime victimisation and raise awareness of their rights, including through schools and educational activities.
• Encourage reporting of hate crimes and empower victims and witnesses to come forward.
• Facilitate reporting on behalf of the victims.
• Participate in and contribute to effective referral arrangements for victims.
• Share methodologies of data collection and patterns of biases.
• Increase the capacities of police and law enforcement authorities through training sessions and practical guidance.
• Assist victims in reporting hate crimes and accessing specialist support, providing emotional support, practical help, information, and accompanying victims to report as their ‘person of trust’.

Cooperating with the police and national authorities is also a way for civil society organisations to hold them accountable for combating hate crimes and fulfilling their obligations to protect and promote the fundamental rights of LGBTI people.

The latest ILGA-Europe Annual Review reported on a deeply worrying rise of violence against LGBTI people in Europe and Central Asia, most of it related to the growing prevalence of hate speech from public figures. Here are the facts in the 34 countries we reported on.

In 2022 there was a stark rise in violence against LGBTI people, not only in numbers but also in the severity of that violence, as reported in the latest edition of our Annual Review of the Human Rights of LGBTI people in Europe and Central Asia. In this blog you will find the main figures and key cases that reflect the situation in every country. Learn more about how LGBTI organisations and activists are boldly responding to anti-LGBTI violence and much more in our full report.

Armenia

In October, two young gay men committed suicide after a photo of them kissing went viral and received endless hate messages. The suicide shook the community. A discussion was broadcast on TV afterwards, featuring anti-LGBT statements.

Pink documented 27 cases of physical and sexual violence, and threats of violence and threats towards LGBT people during 2022, ten of which were committed by family members. These included beatings, stabbings, and other serious attacks. The ten recorded cases of domestic violence on grounds of SOGI were of physical, psychological and economic nature. In most cases, the parents learned about the LGBT identity of the victims, and then beat, harassed, threatened, or locked them up. One case was partner violence. Of the 27 cases of violence, seven were lesbian or bisexual women, 11 were gay or bisexual men, and 12 were trans or non-binary.

Austria

Hate crimes continued to be a serious issue, with over two hundred incidents just in the first three months of the year. The Ministry of Interior’s annual hate crime report documented 376 hate crimes against LGBTIQ people in 2021 although over 80% of the cases may not be reported. SPÖ (Social Democratic Party) also published a report and called for a national strategy against hate, exclusion and discrimination.

Azerbaijan

One of the most prominent LGBTQI+ activists in the country, Avaz Hafizli, was brutally mutilated and murdered by his cousin in February. The police, who previously ignored Hafizli’s requests for protection, wrapped the body in a rug and transported him in a garbage truck.

In August, the court sentenced the perpetrator to nine and a half years in prison but ignored the homophobic motif and the brutality of the murder. Civil society has firmly criticised the meagre judgment, which could have given twice as many years to the killer.

Another human rights activist, Bakhtiyar Hajiyev was kidnapped by masked men and tortured. A man on the metro in Baku threatened to kill LGBT people with a hammer.

On 7 September, a trans woman Emily Hajizade was attacked in Baku Boulevard by the park’s security guards. Emily was also abused by her family, who threatened to kill her. In September too, a trans woman was stabbed several times in Baku’s Narimanov park. She was previously detained and her head was forcibly shaved by the police. The police denied the murder and said they merely detained her. Activists and her family have been unable to find her since.

Bosnia and Herzegovina

Sarajevo Open Centre documented 11 anti-LGBTI hate crimes this year – six were reported to the authorities.

Belgium

The Interfederal Centre for Equal Opportunities (Unia) shared that the number of homophobic hate crimes had been on the rise and continued to grow between 2020-2021.

A study based on 42 testimonies from LGBTQIA+ people was published in May, revealing that underreporting is extremely common in the Brussels region, that the anti-LGBTQIA+ motif of attacks is often unregistered by the police, and investigations rarely yield results.

In August, a study in Flanders found, on the basis of over 400 responses from LGBTQ+ people, that one in four have been subject to threats or physical assault.

Croatia

The Ombudswoman’s annual report found that 2021 marked a sharp increase in anti-LGBT hate crimes. The Ombudswoman affirmed that hate speech by politicians can contribute to such a trend. In July, for instance, three gay men were verbally and physically assaulted in a club.

Estonia

On 9 July, a migrant black trans woman from Jamaica was murdered in her accommodation in downtown Tallinn. Two men were arrested and the investigation is ongoing.

Finland

Pride organisers across Finland said in a survey that vandalism and hate speech were far too common

In the town of Lapua four youngsters detonated a homemade bomb at the other end of a building where a Lapua Pride event was taking place. Lapua Pride also received violent threats in social media. In the town of Mikkeli, a homemade bomb was detonated by two young persons close to where the Pride march was taking place.

The case of high school students in Savonlinna made headlines in August. Several students spoke about suffering anti-LGBT harassment, including death threats, intimidation, being followed home, and being almost run over by cars. The students have been targeted by these attacks for years and had not received support from the school or the police.

France

The Ministry of Interior shared that the number of anti-LGBTI hate crimes rose by 28% between 2020-2021. Between 2016-2021, the number of incidents doubled. 2021 saw a temporary decrease presumably due to the COVID-19 pandemic. The Ministry also highlighted that these numbers are in no way total, as a mere 20% of victims report threats and attacks to the police.

SOS Homophobie found a similar increase this year, noting the high rates of anti-trans insults and violence.

Georgia

Trans women were verbally abused and their home was attacked in May – the police made no arrests. In November, a cisgender woman was killed in Tbilisi. The perpetrator was under the impression that the woman was trans.

Germany

Hate crimes continued to be a serious issue this year, but about 90% of cases continue to go unreported. In Berlin, for instance, anti-LGBTI hate crimes rose by 17% in the past year. Lower Saxony also recorded an increase in homophobic crimes. The fatal attack against a trans man, who tried to stop a man from harassing two women at a Pride march, shook the community.

Greece

The national hate crime monitoring body’s annual report, published in May, found that crimes against LGBTQI+ people continued to be very common in 2021.

Hungary

Several hate crimes were committed this year, with the perpetrators in some cases referring to the 2021 ‘propaganda’ law as being “on their side”.

Iceland

Several hate crimes took place this year and were reported to the police. Anti-LGBTQI+ ‘barking’ grew increasingly common this year.

In August, the rainbow-coloured steps of a church were repeatedly vandalised. Also in August, nine rainbow flags were ripped down in Hellu, another flag in Kópavogur was vandalised, and posters were tagged with nazi symbols.

Samtökin ‘78 received ten reports of anti-LGBTQ harassment following Pride week.

Ireland

Hate crimes against LGBTQI+ people continued to be a serious issue, also affirmed by the government, the police’s annual hate crime statistics, and Dublin City where bias-motivated violence has become a particular concern.

In April, two men were murdered in separate homophobic attacks in the town of Sligo – a 22-yearold man awaits trial. Vigils were held in over 25 cities and towns.

Italy

In the follow-up of the Zan law having failed in 2021, anti-LGBT hate crimes continued (see a list of attacks here and here). Three migrant sex workers, including a trans woman, were murdered in Rome in November. In June, a trans woman who was suspended from her teaching job after socially transitioning committed suicide. A 19-year-old trans girl, Chiara committed suicide in October. Another trans woman, also called Chiara, took her own life in June.

The national observatory on lesbophobia published its report documenting one lesbophobic hate crime per month between 2011 and 2021. Non Una Di Meno’s monitoring work identified 112 lesbophobic and transphobic murders nationwide in 2022.

Latvia

Mozaika documented nine anti-LGBT hate crimes this year. None of the victims reported the cases to the police.

Kyrgystan

Kyrgyz Indigo’s (KI) Urgent Response Group provided legal consultation in 105 cases this year, which included outings and threats (18%), fake dates and blackmail (13%), physical violence (10%), family violence (16%), theft and extortion (10%), and police violence (20%). More than a third of the fake date cases were perpetrated by the police.

Montenegro

The LGBTI Drop-in Centre in Podgorica was vandalised with fascist and anti-LGBTI messages in July. The Prosecutor’s Office launched an investigation and the police have identified the perpetrators. On 21 December, Juventas’ LGBTIQ Centre in Podgorica was attacked. Police responded quickly in identifying the attackers.

Netherlands

The government reported 2,471 anti-LGBTI violence and discrimination cases in 2021, up from 2,336 in 2020 and 2,072 in 2019.

The Social and Cultural Planning Office’s (SCP) study, published in July, found that LGBT people face disproportionate rates of violence, one in three bisexual women has experienced sexual violence in the past five years and 44% have been targeted by online or offline sexual harassment in the past year.

A new report, ‘Invisible in Two Worlds’ found that trans people face domestic violence in great numbers, and that state assistance is inadequate.

North Macedonia

Coalition Margins documented four gender based/ domestic anti-LGBT hate crimes.

Norway

On June 25, a gunman killed two people and wounded more than 20 people outside Oslo’s queer haven and oldest queer bar, the London Pub. The terrorist attack, which was carried out during Pride week and on the night before the Oslo Pride march, shook the community and the country and was widely condemned.

The 2021 hate crimes report of the police found a drastic increase in anti-LGBT hate crimes, from 97 in 2020 to 240 in 2021.

Portugal

Between January and early December this year, ILGA Portugal received a total of 830 requests for contact or immediate support in cases of violence at home, loss of income, and evictions. Of these, 268 came from people who reached out for the first time. 220 cases of domestic violence and assault were reported this year, of which 71 were cases of gender-based violence.

Romania

Four hate crimes were perpetrated over the span of three weeks in the summer – all were reported to the police. Leaflets showing a gay man in a gas chamber and a nazi soldier pressing the gas button were left in MozaiQ’s courtyard in August. Civil society attributed the rise in violence to the tabling of the ‘propaganda’ bill. There was a clear rise in hate crimes during Bucharest Pride – over 20 victims asked ACCEPT for legal advice.

Russia

Hate crimes against LGBTI people, including murder, physical violence and extortion were committed again this year. The authorities failed to classify them as anti-LGBTI hate crimes.

Serbia

In its annual hate crime report, Da se zna! documented the highest number of anti-LGBT incidents since 2017: 83 cases of anti-LGBT hate crimes, hate speech, and discrimination in 2021, marking a 38% increase compared to 2020 (52). The number of hate crime cases sharply increased in August and September following a series of hateful statements by political and religious leaders. EuroPride billboards were vandalised.

The Belgrade Pride Info Centre was again attacked in February and October. For the first time, a politician, Belgrade’s deputy mayor Goran Vesić condemned the violence. None of the perpetrators in the 14 attacks have been prosecuted.

Several people were attacked during, directly after and in the weeks after EuroPride.

Slovakia

On 12 October, two young men Matúš Horváth and Juraj Vankulič were murdered by a gunman outside one of Bratislava’s two queer bars, Tepláreň. The gunman wounded a woman as well and claimed responsibility for the unprecedented white supremacist terrorist attack before killing himself. This was the first terrorist attack in modern Slovak history.

Civil society had warned about the consequences of the growing anti-LGBT political rhetoric and the inadequate response to hate crimes by law enforcement before – many have interpreted the murder as the culmination of the past years.

Slovenia

Legebitra documented four hate crimes and two cases of vandalism.

Spain

The annual report of the Ministry of Interior documented a record number of 466 anti-LGBT hate crimes in 2021 (2020: 277), with one in every four hate crimes targeting LGBT people. This is a 68% increase in one year. Coruña’s Observatory against LGBTI-phobia published its fourth annual report, finding a 71% increase in cases compared to 2021.

Anti-LGBTI murals and graffiti were also common this year. Several rainbow-coloured benches were vandalised in small towns again this year (see here and here).

Sweden

The concept Drag Queen Story Hour, during which drag artists read fairy tales to children in libraries, came under serious attack this year.

Switzerland

Anti-LGBT attacks continued to be an issue, with the number of hate crimes increasing. The joint report by TGNS, LOS, and Pink Cross documented 96 anti-LGBTQ hate crimes in 2021 – 50% more than the previous year. The majority of the incidents took place close to the 2021 referendum and parliamentary action on marriage equality. There was a sharp increase in transphobic hate crimes reported.

Turkey

Kaos GL’s annual monitoring report found that 2021 was one of the most violent years against the community to date, with eight recorded murders but suspects the actual number of murders is higher. The report also highlights the issue of widespread police violence, torture and ill-treatment, and unlawful detention, particularly at demonstrations. It was also reported that 30 per cent of all violations against LGBTI+ were about freedom of assembly and expression.

Ukraine

Nash Mir’s annual report documented 55 hate crimes against LGBT people in 2021. Nash Mir documented more than 75 hate crimes in 2022, the majority of which were in some way connected to military operations. Nash Mir noted that the numbers might be much higher as it was difficult to document cases in occupied territories.

United Kingdom

Hate crimes against LGBT people in the UK have reached dramatic numbers. The UK Home Office’s annual hate crime statistics report highlighted that homophobic hate crimes increased by 41% and transphobic hate crimes by 56%, in England and Wales. This marks the starkest annual increase since 2012. The report attributes the rise in transphobic hate crimes in part to anti-trans media reporting. Galop’s 2022 Hate Crime Report echoed these numbers and the reasons behind them.

In Northern Ireland, there were more hate incidents recorded across each hate motivation strand when compared with the previous twelve months (with the exception of faith/religion incidents) with 15% increase in homophobic and 24% in transphobic incidents. Research carried out by The Rainbow Project in 2021, has shown that 51% of those who had experienced hate crime had not reported it to the Police Services of Northern Ireland. The most common response was that they are still not confident that their complaints will be taken seriously, some unaware that PSNI can take action and were fearful of repercussions.

Galop’s report ‘LGBT+ Experiences of Abuse from Family Members’ highlighted that 29% of LGBT+ people have experienced abuse from family members – 60% attributed this to them being LGBT+. 63% of the victims were under 18 when they first faced violence at home. Galop’s adjoining report warned that support services for LGBT+ victims are rare and insufficient. Galop also published its ‘LGBT+ People & Sexual Violence Report’ on the basis of almost 1,000 LGBT+ survivors. More than half thought that the violence was inflicted upon them due to them being LGBT+ and most reported detrimental consequences on their mental health.

Search for your country chapter in our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia here.

The most striking finding of ILGA-Europe’s Annual Review 2023 is a stark rise in the ferocity of anti-LGBTI hate and violence reported in Europe and Central Asia. But alongside this worrying trend, there are positive developments in areas such as legal gender recognition, public support, intersex human rights and civil society. Here are the key highlights.

At ILGA-Europe we’ve just published our Annual Review, showcasing the main developments and trends in the human rights Situation for LGBTI people in Europe and Central Asia. Disturbingly, the most striking finding this year is the levels of hate reported in the region. 12 years into this yearly reporting, the present edition finds that anti-LGBTI violence in 2022 was more targeted and extreme than ever in the history of our reporting.

Our Annual Review aims to paint a clear picture of the reality from the ground for our communities. It documents individual cases and events, as well as legislative, social and political advancements and regressions, and new available data. All reporting is based on the work of LGBTI activists in each country featured in these pages, as well as on our own work.

While the review points to the devastating consequences of the instrumentalisation of LGBTI people, mostly for political gain, there have been other developments in the direction of human rights and protection of LGBTI people.

We have not seen this severity of the violence before

For years, ILGA-Europe has been documenting the rise in hate while activists across the region have shown how anti-LGBTI speech, both online and by political and religious leaders, translates into violence harming people.

This phenomenon is across the board in this year’s Annual Review. For example, in France, the Ministry of Interior reported a 28% rise in hate crimes between 2020 and 2021. In Switzerland, LGBTI organisations reported a 50% increase between 2020 and 2021. Spain reported a 68% increase in 2021, while in England and Wales transphobic incidents rose by 56%.

There are also more reports than ever before of LGBTI people taking their lives, a clear sign how discrimination, hate speech and harassment are impacting mental health. In Italy, three trans women took their lives. Two of them were teenagers, the third woman was a teacher, who was suspended from school because she had socially transitioned. In Armenia, a young gay couple committed suicide after suffering harassment when a photo of them kissing went viral. These are just a few examples.

Sexual education is increasingly compromised

Education is a growing battleground in the resistance to LGBTI people and rights. In Hungary, as result of law banning LGBT content, teachers reported a fear of bringing sexual orientation, gender identity and other topics to the classrooms. In the Netherlands, 36 orthodox schools require anti-LGBTI declarations from pupils and parents, and the new Italian Prime Minister, Giorgia Meloni has publicly advocated for a ban on sex education in schools and the exclusion of LGBT people in children’s books.

Russia expanded its ‘propaganda law’ to prohibit positive and neutral information about LGBT people and “gender reassignment” to minors and adults. There was an alarming number of ‘propaganda’ charges or threats in educational establishments in the country. All in all, progression on sexual education is being challenged.

Public support for LGBTI people is growing

In parallel, the report finds growing support among societies for LGBTI people, also in countries where we might not expect it. For example, most Hungarians don’t consider ‘homosexual propaganda’ an important issue. In Poland, two thirds of the population support marriage equality and 60% support the abolition of anti-LGBT resolutions in the country.

What’s more, many politicians across Europe have shown their support throughout 2022. Many reacted with horror to the killings in Oslo and Bratislava and the European Parliament has publicly condemned the violations of LGBTI rights. We need more governments standing strong against hate in the media and online and more progress in advancing laws against hate crimes that protect LGBTI people.

There are more legal gender recognition laws that include self-determination

In the face of enormous backlash on trans people, and a number of forces trying to stop legal gender recognition (LGR), some countries made progress in 2022 and others showed a will to ensure a model of LGR based on self-determination.

Scotland, Finland and Spain were the best examples; by adopting LGR laws that include self-determination, these countries are showing a clear way forward for other governments.

Same-sex partnership is back on the agenda

After stagnating for a number of years, same-sex partnership recognition is on the rise again. Andorra adopted legislation to ensure heterosexual marriage and the recognition of same-sex civil partnerships guarantee the same set of rights. In Latvia, following a Supreme court decision ruling that same-sex couples should be given civil status, same-sex couples were recognised in court cases. Slovenia and Switzerland adopted marriage equality, including positive changes regarding adoption rights. Other countries took steps forward the adoption of laws that recognise same-sex partnerships.

While intersex human rights are rightfully taking a space in the agenda

There is also a growing awareness of intersex human rights across Europe. While Greece adopted a ban on non-vital medical interventions on children, the European Commission conducted surveys and interviews for the first EU study on the lives of intersex people and their parents (expected to be published this summer). The Council of Europe is preparing a Recommendation on intersex human rights while the Chair of European Commission against Racism and Intolerance and PACE General Rapporteur for the rights of LGBTI people shared supportive statements.

Behind every positive development, there are LGBTI activists doing hard work

LGBTI organisations and activists across our region are key to all the advances on LGBTI people’s rights and the support to their communities during 2022.

Despite difficult circumstances, more and more Prides are being organised, support for the most vulnerable in the community is provided and work with institutions and policy makers continues advancing LGBTI people rights.

More and more organisations report covering for gaps in service provision, and providing services where the community does not feel safe to access mainstreaming services, for example when it comes to shelter.

The most remarkable support was that of the LGBTI community in Ukraine through LGBTI organisations, as well as the support by activists across Europe for Ukrainian LGBTI refugees.

LGBTI activists are the central players in countries where progress has been made, as we’ve seen in Spain and Finland, where huge effort went into successfully keeping self-determined legal gender recognition on the right political track, despite fierce opposition.

The Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia is published every February, as part of our Rainbow Europe package. We thank all those across 54 countries who worked with us to make sure our reporting was accurate.

Find out what’s been happening in your country here.

12 years into annually reporting on the human rights situation of LGBTI people, Europe’s leading LGBTI equality organisation finds that pervasive hate speech across the region has led to life or death consequences.

Launched today in Brussels, ILGA-Europe’s Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia finds that 2022 was the most violent year for LGBTI people across the region in the past decade, both through planned, ferocious attacks and through suicides in the wake of rising and widespread hate speech from politicians, religious leaders, right-wing organisations and media pundits.

This is the 12th edition of ILGA-Europe’s report, which has charted the growing phenomenon of anti-LGBTI speech, as antipathy for LGBTI people has been driven and then exploited for political gain. It finds that as a result, attacks on LGBTI people with a conscious and deliberate will to kill and injure have increased to unprecedented levels, including two terror attacks outside LGBTI bars in Norway and Slovakia, which combined killed four people and maimed 22. There are reports of more murders and many suicides of LGBTI people across Europe, and not only in countries that are seen to be more regressive.

According to ILGA-Europe’s Executive Director, Evelyne Paradis: “At ILGA-Europe, we have been saying for years now that hate speech in all its forms translates into actual physical violence. This year, we have seen that violence become increasingly planned and deadly, leaving LGBTI people feeling unsafe in countries across Europe. We have seen proof that anti-LGBTI hate speech is not just the words of marginal leaders or would-be autocrats, but a real problem with dire consequences for people and communities. This phenomenon is not only in countries where hate speech is rife, but also in countries where it is widely believed that LGBTI people are progressively accepted.”

The report finds that while hate speech and its consequences have reached critical levels, national and local courts are reacting and prosecutions are on the rise in several countries. But according to Paradis, reaction is not enough.

“While we are getting better at dealing with outcomes, the focus has to be on stopping hate speech in all its forms. Across Europe, many politicians have reacted with horror to the killings of LGBTI people this year, and while clear expressions of solidarity are always needed, it does not address the foundation of the problem, which is the proliferation of using hatred against LGBTI people for political gain. Our leaders need to find ways to proactively fight the rise of hate speech, rather than finding themselves in the position of reacting to its consequences.”

It is not all bad news. There has been much progress reported in several countries, with the Review consistently finding that it is activists and their communities who are driving positive social change and managing to push legal protection forward, despite organised opposition.

According to Katrin Hugendubel, Advocacy Director with ILGA-Europe: “LGBTI activists are the central players in countries where progress has been made, as we’ve seen in Spain and Finland, where huge effort went into successfully keeping self-determined legal gender recognition on the right political track, despite fierce opposition. This is true of every issue that affects LGBTI communities across the region, showing that LGBTI people and organisations remain empowered and continue to make change happen.”

The 12th ILGA-Europe Annual Review is available here, alongside all the previous Annual Reports, charting the phenomenon of rising anti-LGBTI hate speech in Europe and Central Asia, and its consequences.

According to Paradis: “These successive reports tell a story of cause and effect that is not going to go away or diminish until politicians and policy makers understand that they have to get ahead of the problem. In the current climate, progressive leaders must find effective ways to tackle hate speech in all its forms, instead of finding themselves on the back foot, expressing sympathy for the families of the needlessly murdered, or those who have taken their own lives, while hatred continues to be fostered and exploited.”

For further comment, contact: Ana Muñoz Padrós, ILGA-Europe: ana@ilga-europe.org, +32 493 35 60 55

If we want to protect the human rights of sex workers, consensual sex work must be decriminalised. Read why and endorse our letter below

When we talk about consensual sex work, we’re talking about adults voluntarily choosing to engage in sex work. This means that they are not being forced or coerced into the work, and are free to leave at any time. They have agency and control over their own bodies, and are able to negotiate the terms and conditions of their work.

To be clear, consensual sex work is not trafficking or exploitation. Trafficking is a serious human rights violation, and an extremely worrying reality across Europe, Central Asia and beyond. Consensual sex work involves a sex worker making a choice about their own livelihood and remaining in control of that choice.

Decriminalisation of consensual sex work is important because it allows for the protection of people engaged in sex work. It allows a safer and more regulated environment where their rights to personal autonomy, privacy and other fundamental rights can be better protected.

Many LGBTI people engage in sex work, some because they want to, some because discrimination and other structural exclusion due to social injustice leave them with little option. The experiences of LGBTI people in the sex work industry can be particularly challenging, due to the intersection of stigma related to both their SOGIESC and their profession. Combatting social injustices, discrimination and stigma is key to all of ILGA-Europe’s work; additionally, people need to be protected, regardless of their reasons to engage in sex work.

What happens when sex work is criminalised?

Research shows that criminalisation of any aspect of sex work has proven to be ineffective. Instead of protecting sex workers, it pushes them further to the edges of our societies in their working and daily lives. For example, in the parts of Europe where sex work is criminalised, sex workers working together are regularly prosecuted for brothel-keeping, even though it’s by working together that they can stay safe. Sex workers who have kids risk losing custody of their children, those who are migrants risk losing their residence permits, and all risk homelessness when authorities force landlords to evict them. Instead of protecting sex workers, criminalising policies impede their access to homes, services, safety and justice, while at the same time propelling stigma, violence and discrimination against them.

5 reasons why the European Parliament must protect sex workers

Policy makers must listen to the voices of sex workers, including LGBTI sex workers, in the development of policies that affect them. Particularly now, when the members of the European Parliament are discussing the proposal on Violence against women and domestic violence, they must reject any attempts to criminalise any aspects of consensual sex work among adults. Criminalisation is not the solution.  

Here are a handful clear and fair reasons for the EU policy makers should ensure protection of rights of sex workers:

Respect for human rights

Criminalising consensual sex work is a violation of the human rights of sex workers, including their rights to privacy, security, and freedom from discrimination provided in the Charter of Fundamental Rights. The EU is committed to protecting human rights, and criminalising consensual sex work is contradictory to this principle. 

Gender equality

The EU is committed to promoting gender equality, while criminalising consensual sex work disproportionately affects women and other marginalised groups, including LGBTI people.

Public health

Criminalising consensual sex work can make it more difficult for sex workers to access healthcare and other services, which can put them at greater risk of health problems

Right to self-determination

Criminalising consensual sex work is an infringement on the right of sex workers to make decisions about their own bodies and livelihoods.

negative Effectiveness

There is a lack of evidence that criminalising consensual sex work is effective in reducing the number of sex workers or in improving their safety. Some studies have shown that criminalisation can actually increase risks of violence for sex workers.

If you represent a civil society organisation, you can endorse our letter, prepared along with the members of the Coalition on Sex Workers’ Rights and Inclusion, here.

This year, for the first time, Estonia and Switzerland reported the murders of trans people. In total, the last twelve months saw 327 reported murders of trans and gender-diverse people in the world as a result of anti-trans violence, according to TGEU’s Trans Murder Monitoring. Although TGEU has been collecting information since 2008, most trans murders still go under-reported.

Sabrina Houston and Cristina Blackstar were both migrant, black and trans. They were both stabbed to death in their own homes earlier this year. They are two of the 327 reported murdered trans and gender-diverse people across the globe, according to the latest Trans Murder Monitoring report, published by TGEU in advance of Trans Day of Remembrance.

Trans Day of Remembrance (TDoR) is marked each November 20 to commemorate trans people whose lives were lost as a result of anti-trans violence. Sabrina and Cristina had their lives cut short in two countries that have not reported victims before: Sabrina was murdered in Taillin, Estonia and Cristina in Lausanne, Switzerland.

As with 96% of reported victims, Sabrina and Cristina were trans women or femmes. They were also racialised, as were 65% of the cases with data on race and ethnicity. Coming from Jamaica and Brazil respectively, Sabrina and Cristina were migrants, as were 36% of the trans people reported murdered in Europe. France, Georgia, Germany, Italy, the Netherlands, Sweden, Turkey and the United Kingdom are the other European countries which have reported victims too. In total, 14 victims were reported in the region, same as last year. With 222 cases, Latin America and the Caribbean continues to be the region reporting most of murders of trans people. No victims were recorded in Central Asia.

More key figures:

• Half of murdered trans people whose occupation is known were sex workers;
• 35% of the murders took place on the street and 27% in their own residence;
• Most of the victims who were murdered were between 31 and 40 years old.

Altogether, the data continues to indicate a worrying global trend when it comes to the intersections of misogyny, racism, xenophobia, and hatred against sex workers, with most victims being Black and migrant trans women of colour, and trans sex workers. According to TGEU, these numbers are just a small glimpse into the reality on the ground. Most cases continue to go un-reported and, when reported, receive very little attention. “The Trans Murder Monitoring exists not only to highlight the horrific murders of trans people worldwide,” says Lukas Berredo from TGEU “but also to show the need to ensure that the voices of the most marginalised in our communities are heard and amplified.

Hundreds of trans and gender-diverse people are killed each year around the world as a result of transphobic violence. The murders of Sabrina and Cristina come at a time when anti-trans and trans-exclusionary rhetoric is on the rise in European countries. Decision makers must take a stance against anti-trans forces and in defence of human rights, so that everyone can enjoy their life in equality, freedom and safety.

In this two-part episode of The Frontline podcast, presented by Belinda Dear, we’re looking at the new wave of accession to the European Union and what it will mean for LGBTI people.

With the recent news that Ukraine and Moldova are now candidates to the EU, the topic of EU accession is on the radar again, while Western Balkan countries such as Serbia, North Macedonia and Montenegro have been going through the process for some years now, and Turkey not acceded since its application in 1987.

With the current state of LGBTI rights in Central Europe, highlighted most recently by the Serbian government’s anti-democratic instrumentalising of LGBTI people in an effort to try to stop EuroPride in Belgrade, how does this kind of backsliding play into the accession process? And what about countries like Ukraine, where LGBTI rights have barely been on the governmental agenda? What are the opportunities to be gained by candidacy for joining the EU?

To discuss these questions and more, we’re joined by former member of European Parliament, Marije Cornelissen, who has worked extensively on the accession process, Lenny Emson from Kyiv Pride in Ukraine, Anastasia Danilova from GENDERDOC-M in Moldova, and Danijel Kalezić, who worked for years as the Executive Director of Queer Montenegro, but has now become the Co-director of ERA, the LGBTI Equal Rights Association for the Western Balkans and Turkey . We’re also joined by our Advocacy Director, Katrin Hugendubel to talk about ILGA-Europe’s deep and long-term experience of working on accession countries, which has been happening for 25 years now.

Listen below or click here to listen and subscribe to The Frontline on your favourite podcast platform.

The cousin of LGBTI activist Avaz Hafizli has been jailed for his horrific murder, which came on foot of protests against hateful Instagram posts by the Instagram star, Sevinj Huseynova, who called for the physical ‘removal’ of sexual minorities and trans people from Azerbaijan. The trial was a travesty of justice, according to activists.

On 22 February 2022, the Azeri LGBTQ+ activist and journalist, Avaz Hafizli was brutally murdered by his cousin, 24-year-old Amrulla Gulaliyev. Local LGBTI activists in Azerbaijan believe the murder was motivated by homophobic bias and to protect the “honour” of the family.

The case has been investigated and last month Gulaliyev was sentenced to nine years and six months by Baku Court of Grave Crimes. During the investigation the additional details of the murder were not considered, namely the brutal circumstances of the killing and sexual mutilation of Avaz’ corpse. LGBTI activists were also barred from the court. Gulaliyev was sentenced without any consideration of a biased motive, which would have carried with it double the length of sentence.

ILGA-Europe believe that Azerbaijan failed to fulfil its human rights obligation to prompt, thorough, impartial, and independent investigation to hold responsible person to account for “honour killing” and hate crime as it did not take aggravating circumstances into account when determining sentence.

Avaz’s murder came in the wake of Instagram posts last year by Azerbaijani social media influencer, Sevinj Huseynova, who called for the physical ‘removal’ of sexual minorities and trans people from Azerbaijan in a video that was watched by thousands.

Here is a timeline in the lead-up to Avaz’ murder and the conviction of his cousin, and why it is an example of a stacked system against LGBTI people and the activist movement in Azerbaijan.

July 7, 2021

Azeri Instagram star, Sevinj Huseynova shared a video on her Instagram account in which she humiliated LGBTIs, especially trans women, and encouraged hatred and hostility towards them. 

July 9, 2021

A group of trans women made an official appeal to the 17th police station and demanded that Sevinj Huseynova be brought to justice. Despite the appeal, no legal action was taken against Huseynova. 

July 16, 2021

Three people were attacked due to their gender in their private house in Khirdalan settlement, Absheron region, and one of them was injured with three stab wounds.

August 13, 2021

Four LGBTI people were attacked in one of the buildings located on Heydar Aliyev Avenue in Khirdalan settlement. One of them was injured.

August 23, 2021

The burned body of Nuray, a trans woman targeted by Sevinj Huseynova, was found by locals in the Buta settlement of Garadagh district.

August 25, 2021

A group of trans women gathered in front of the Garadagh District Police Department and held a protest regarding the murder of the trans woman Nuray. Later, they gathered in front of the Ombudsman’s office and put forward demands. Avaz Hafizli was one of the organisers of the protest. He was vocal in criticising the police for not taking any action against Huseynova, and about the attacks in the wake of Huseynova’s Instagram video.

September 5, 2021

Avaz Hafizli attempted suicide after he was personally threatened and insulted by Sevinj Huseynova.

September 8, 2021

Avaz chained himself to the fences of the Prosecutor General’s, as protest against Huseynova threatening and insulting him and his family. Despite Avaz Hafizli’s official appeal to the prosecutor’s office, no action was taken.

September 10, 2021

Avaz held a one-person rally in the centre of Baku to protest the transphobic and homophobic hate speech by Huseynova. He held up a sign reading “LGBT rights, human rights” and chanted “down with homophobia.” Avaz expressed dissatisfaction with the failure of state agencies to respond to Huseynova’s threatening calls.

February 22, 2022

Avaz was murdered by his cousin, 24-year-old Amrulla Gulaliyev. The murder was conducted in a gruesome fashion, followed by mutilations of Avaz’ body after his death. Gulaliyev was subsequently arrested, and was charged only with the Article 120.1 of Criminal Code – Deliberate murder. 

June 20, 2022

The preliminary hearing was held by the judge of Baku Court of Grave Crimes, Ali Mammadov.

July 18, 2022

Having been postponed on July 4, the second hearing was held. Hearings are open to the public, however civil society representatives were not allowed to attend.

Avaz’ brother represented him in the court and said he did not have any complaints against the perpetrator, his cousin. The court then asked Avaz’ mother to represent him. She said she would have to think about it.

There were some contradictions in perpetrator’s statements to police and his testimony in court. He originally told investigators that he had planned the murder three months before the event itself, however during the hearing he denied this. He said that had he and Avaz had been living in the same house for many years, and that only in 2022 did he decide to murder Avaz because of the moral ethics of society.  

After repeated requests from LGBTI activists to attend the hearings, only three were allowed with the argument that ‘there are limited places’. However when the activists entered the court room there was sufficient space to have accommodated all the requests of activists to attend.

July 29, 2022

The three activists managed to attend the concluding hearing, at which Amrulla Gulaliyev was sentenced to nine years and six months in prison.

It is unclear to civil society whether the court’s decision will be appealed, as there is no contact with Avaz’ mother, who is his legal representative in this case.

Why this case is important for the Azeri movement and every LGBTI person in Azerbaijan

Over decades of monitoring by local activists, incidents of hate speech and hate crime in Azerbaijan have been numerous and severe. The state has taken no action to tackle homophobia at societal level, while existing legal mechanisms have not been implemented to protect LGBTI people from hate speech or attacks.

But this case shows how both the state and the family as institutions fail LGBTI people. While activists have gained sufficient legal knowledge and formed partnerships to offer legal support, they cannot intervene in cases where the family are both the perpetrators and the legal representatives of the victim at the same time.

The Azeri state’s efforts to silence the truth about this anti-LGBTI honour killing by not allowing the activists to access court hearings also adds to the impunity for such grave acts against this LGBTI people, who remain the most unprotected and vulnerable group in the face of homophobia in Azerbaijan.

LGBTI people in the context of the war in Ukraine, like everyone, have many reasons to stay in Ukraine or to leave the country. Like their fellow citizens, LGBTI people are staying, supporting each other, providing mutual aid, and fighting against the Russian invasion. LGBTI people, however, face additional barriers to fleeing the country, including structural homo- and transphobia, which can occur in many contexts.

Working alongside ILGA-Europe, the UN has published recommendations For humanitarian actors working with LGBTI people affected by the war in Ukraine.

In all wars, LGBTI people have the same basic needs as everyone else, however, because of their real or perceived sexual orientation, gender identity and/or sex characteristics, they are at higher risk of exclusion and violence.

As ILGA-Europe’s Executive Director Evelyne Paradis explained in our previous blog: “Humanitarian crises affect everybody, however, some communities sometimes need a targeted response because of pre-existing vulnerabilities. These particular vulnerabilities make people feel unsafe when dealing with humanitarian organisations providing safe shelter, basic necessities food and medical aid. Not knowing if they will be treated without discrimination, simply welcomed and be taken care of, is a barrier for people in accessing humanitarian support.”

This is why ILGA-Europe have worked together with the UN, via its Protection Cluster Ukraine, on a list of recommendations for humanitarian actors and service providers working with people affected by the war in Ukraine, so they can better understand and address the risks faced by LGBTI people staying or fleeing the country.

Here are the core recommendations:

Ensure inclusive programming, advocacy and responses

• Collect data that is disaggregated by sex, gender, age and disability as well as data relating to specific protection needs, risks and barriers LGBTI people face.
• Map presence and reach out to LGBTI organisations to learn about their work.
• Establish specific LGBTI reception measures, such as gender-neutral options on registration forms or special hours and days for LGBTI people to register.
• Encourage the active participation of LGBTI individuals in programmes and activities.
• Link specialised LGBTI centres and shelters to the humanitarian aid system.
• Include staff from different genders and backgrounds
• Address barriers for LGBTI people to access social services and programmes
• Include funding opportunities for LGBTI-led organisation in your resource mobilization actions.
• Raise awareness of the situation of LGBTI people affected by the war
• Advocate for non-discriminatory provision of services to LGBTI people by humanitarian actors, civil society organisations, governments and others.

Create safe spaces

• Ensure that staff working in Ukraine are sensitive to the concerns and needs of LGBTI people.
• Respect individual preferences and privacy.
• Communicate through your staff members that your organisation is a safe space
• Seek out and create safe, confidential and effective referral systems and partnerships.
• Advocate for inclusive treatment by medical and healthcare professionals
• Facilitate links between LGBTI people in Ukraine and the wider LGBTI community
• Allow trans, intersex and non-binary people to choose the housing option, scattered-site housing or communal, they believe is safest for them.

Ensure accountability to the affected population

• Consult with LGBTI people on how they want to participate
• Ensure that LGBTI individuals are well informed about their rights
• Ensure that there is two-way communication with LGBTI people via their preferred channels.
• Provide a space where LGBTI people can meet safely
• Engage LGBTI people in gender-based violence prevention and response.

The ongoing war in Ukraine has resulted in the need for immediate action to address the needs both of a significant population of Ukrainians fleeing the armed conflict, as well as for those who are staying in Ukraine. LGBTI people are often amongst vulnerable groups in crisis situations and specific attention is needed to ensure that they are safe, have safe refuge and that some fundamental basic needs are being met – ensuring they are not left behind.

It’s March 31, Trans Day of Visibility. To mark this day, at ILGA-Europe we want to commend the amazing work trans-led organisations are doing as the war in Ukraine continues, and tell you about the current needs of trans communities staying or leaving the country.

After over a month of war, Putin’s invasion of Ukraine has devastated several cities and caused the displacement of almost four million people and counting. Trans people are among those affected: there are trans women who have tried to leave but couldn’t due to the male gender marker in their passports, and trans people who want to stay but are at risk of violence in regular shelters, and all are exposed to potential shortages or difficulties in accessing medicines and hormones on both sides of the border.

Trans-led groups and organisations are responding to the humanitarian crisis by doing an incredible job to support trans people in Ukraine and neighbouring countries. Here are some of the current needs of trans people from Ukraine and how trans-led organisations are responding:

Trans people staying in Ukraine or leaving — what are their needs?

• Many trans people in Ukraine do not have identification documents with gender markers matching their gender identity. So trans women often still have a male gender marker. In this situation, many of those who have tried to flee have been refused to pass internal check-points and to leave the country as due to their identity documents, they fall under the martial law and military mobilisation of men between 18–60. Trans women need a pathway to be able to leave the country along with other women, including those who have a male gender marker in their documents.
• Trans people and other LGBTI communities who are staying in Ukraine because they want to, or because they cannot leave, are at risk of discrimination and violence in regular shelters. The few existing LGBTI shelters have very little capacity.
• Necessary hormones and medicines for trans and intersex people, as well as HIV/AIDS medication are, like other supplies, running out in Ukraine. Humanitarian aid packages generally do not include these medicines, and trans, intersex, and LGBTI civil society groups in neighbouring countries are working hard to fill this gap in the short-term. It is imperative that medicines are available for trans communities in Ukraine and for refugees in arrival countries.
• When trans refugees arrive in neighbouring and other reception countries, many may experience delays and inconsistencies in access to healthcare, which could lead to an interruption in their care. This can be potentially devastating. Governments in reception countries must enable access to healthcare for refugees and ensure that trans and intersex people already taking medicines can continue care without interruption.

Many trans-led organisations are doing amazing work to help and support their community members from Ukraine. Have a look:

In Europe, TGEU is monitoring the situation, providing frequent updates and resources, as well as how best to provide support, guidance for trans people from Ukraine, and visuals for social media channels, here.

In Ukraine and Slovakia, Trans*Generation is providing legal consultation and connections to trans people who want to cross the border, as well as information about visas abroad, hormones and medication and financial assistance to trans people staying and leaving Ukraine. Find out more here.

In Hungary, Transvanilla is supporting trans refugees crossing the border by providing transport, accomodation, translation and accompaniment in administrative procedures. Learn more about Transvanilla here.

In Poland, intersex organisation Fundacja Interakcja is supporting trans and intersex refugees. Learn more here.

In ILGA-Europe’s latest Annual Review, we’ve reported anti-LGBTI hate crime in almost every country we represent. From Finland to Turkmenistan, a wave of violence, fuelled by the rise of anti-LGBTI rhetoric from politicians and other leaders in 2021, has arisen. Read on to find out what happened in your country.

This week, on February 22, we marked the European Day for Victims of Crime. Our Annual Review of the Human Rights Situation of LGBTI people in Europe and Central Asia, published earlier this month, shows a staggering rise of anti-LGBTI rhetoric from politicians and other leaders, fuelling a wave of anti-LGBTI hate crime and verbal violence reported in almost every country. Scroll down through our A-to-Z, to see what’s happening in your country, or read the whole shocking blog, country by country. Either way, our Annual Report shows the urgent need clear laws against LGBTI-phobic hate, together with proper social and support services for victims.

Albania

A trans person was assaulted by ten young men in Tirana in June

Armenia

In December, Pink, a community-based LGBT organisation, held a camp that was attended by 25 LGBT people and was held at a hotel. The organisers and participants were verbally harassed and threatened by other guests of the hotel.

Austria

An increased number of hate crimes took place this year. The NGO SoHo collected those between January — July 2021. For instance, a group of young people were assaulted in Vorarlberg, and the victims were hospitalised with serious injuries. Rainbow flags and other symbols were vandalised.

Azerbaijan

Hate crimes against the LGBTI+ community continued to be a serious issue this year. In May and June, a series of attacks took place in Baku against trans people (see here, here), gay men (see here, here), and a gay couple. Ten incidents were reported to the police, but the response has been poor.

Belgium

A presumed homophobic murder by three minors shook Belgium in March. The victim David Polfliet was a gay man, who was lured on a date via a dating app and was later found dead in a park in Beveren. Prime Minister Alexander De Croo flew a rainbow flag from his residence the next day.

Bosnia and Herzegovina

CSOs documented four cases of domestic and family violence against LGBTI people in 2020 and two in 2021.

Bulgaria

The first-ever Bourgas Pride was held on 15 May, marking the first Pride march to take place outside the capital. The 40 participants were attacked by hundreds of extremists who threw eggs, stones, and smoke bombs at them and burnt a rainbow flag. Both the LGBTI community centre, Rainbow Hub, and the LGBTI-inclusive space, The Steps were vandalised several times. The attacks culminated on 30 October when the presidential candidate and neo-fascist party leader, Boyan Rasate stormed into Rainbow Hub with ten others, punched a staff member in the face, and destroyed furniture and electronics.

Cyprus

Pressured by homophobic bullies at a party to binge drink beyond his tolerance, a teen fainted and was left to choke to death in February. Three of the peers received 18 months of suspended sentence for involuntary manslaughter.

Northern Cyprus

One of the billboards featured in QCA’s awareness raising campaign ‘My right’ was vandalised in the Trikomo — Iskele region in December.

Croatia

In Zagreb, six of 20 rainbow flags raised to mark the beginning of the Pride Month, were torn down, stolen, or burnt. For the first time in 10 years, several participants of Zagreb Pride were attacked by extremists, who verbally assaulted, hit, beat, and spat on them. The attacks mostly targeted young gay men and lesbian women.

Czechia

A gay couple suffered a homophobic attack in the centre of Prague for holding hands in public.

Denmark

“Live and Let Live” published 1,000 accounts of antiLGBTQI hate crimes and speech.

Estonia

On July 2, Vikervelo, a cycling race supporting the LGBT+ community and an equal society, took place in Tallinn. When the organiser biked around just before the event, he was attacked by two men who also tore off a rainbow flag.

Finland

In July, several participants of a party organised by Seta Jyväskylä were physically assaulted by a man who said he “hated homosexuals”. A rainbow star a rainbow star sign in Turku was vandalised a few hours after it was painted. Rainbow flags were stolen in Lahti and Oulu, and vandalised in Järvenpää.

France

A gay man was murdered in April, a lesbian couple in August, and a trans migrant sex worker woman in September. At least six trans people are known to have committed suicide due to transphobic harassment.

Georgia

Several LGBT people were physically assaulted. Trans women were attacked in June and in September. In April, a trans minor was verbally and physically assaulted. Two gay men were also verbally assaulted and received death threats. Several lesbian women and couples were assaulted or threatened in April.

Germany

The Ministry of Interior’s annual report found a 39% increase in anti-LGBT hate crimes in 2020 compared to the previous year.

Greece

The Racist Violence Case Record Network’s annual report documented 30 anti-LGBT hate crimes in 2020. Several anti-LGBT attacks, verbal and physical, were carried out on the day of the Athens and Thessaloniki Pride Parades, during and after the marches.

Hungary

Several hate crimes were committed this year (see here, here, here, and here).

Ireland

Several rainbow flags and LGBTQI hubs were vandalised including in Dublin, Carlow, Cork, Waterford, and other towns. In April, leading trans activist was notified by the Gardaí of a threat to their life by far right aggressors. In September, a non-binary person was physically and verbally assaulted in Galway, a week after Pride events.

Italy

In March, police in Catania beat up several sex workers, some of them trans women and migrants, following numerous raids earlier. A trans sex worker was assaulted in August in Pompeii. Young lesbian girls were assaulted in Rome by teenagers. A graphic video spread of a gay couple who were assaulted in the metro in Rome in February. A young lesbian was kicked out of her home by her family and received death threats from them after coming out. An 18-year-old committed suicide due to constant bullying and a 12-year-old was beaten up on his way home in Perugia.

Kazakhstan

A blogger posted a video of himself burning rainbow coloured pop-it toys.

Kyrgyzstan

Kyrgyz Indigo, a public association that supports LGBTI community, documented several cases this year where LGBT people reported being lured on a fake date by undercover police, facing threats and extortion; cases of conversion therapy; physical assault; threats; and forced outing.

Latvia

Civil society reports that over 300 anti-LGBT posts were removed from social media platforms this year. Three individuals were found guilty of hate speech and incitement against LGBT people online. “No LGBT Zone” stickers appeared in the spring, in Riga and other cities.

Lithuania

In March, rainbow graffiti in an underground passage in Vilnius was painted over with the colours of the national flag. On 31 May, a day before Pride month, a rainbow crossing was painted over and destroyed in Vilnius.

Malta

In July for instance, news articles circulated about homophobic bouncers in a club.

Moldova

Several hate crimes took place this year and several LGBT people reported domestic violence cases to civil society. A young lesbian woman was subjected to an attempted rape by her co-worker who wanted to “correct her sexual orientation”.

Montenegro

Trans, intersex and gender diverse people, who had to move back to their families due to the COVID-19 pandemic, continued reporting feeling isolated and being targeted by violence by family members or partners. The victims did not want to file formal complaints.

Netherlands

Hate crimes continued to be a serious issue, and included vandalism (see here and here), death threats, arson attacks, and physical assault. The government reported 2,336 anti-LGBTI violence and discrimination cases in 2020, up from 2,072 in 2019.

North Macedonia

Coalition Margins documented eight anti-LGBT hate crimes, five of which were domestic violence incidents.

Norway

The 2020 hate crimes report of the police showed a decrease in anti-LGBTI hate crimes from 122 to 97 cases, for the first time since 2016. The police suspect one reason may be the COVID-19 pandemic.

Poland

In February, a gay couple holding hands was attacked in Warsaw: the aggressor stabbed one of them with a knife shouting “don’t do this in front of the kids!” In March, an LGBT+ sports team was attacked in Gdansk by a violent group. Two people were hospitalised. Rainbow flags were vandalised on Independence Day.

Portugal

98 cases of domestic violence and assault have been reported this year, of which 50 are cases of gender-based violence.

Romania

In December 2020, a Roma trans woman was forcibly pulled off a bus, knocked to the ground, immobilised, knocked to the ground, immobilised, handcuffed and shoved in a police car. The victim claims that she was beaten continuously until they reached the precinct, where several police officers joined in the abuse, including taking pictures of her while she was humiliated.

Russia

Hate crimes against LGBTI people, including murder, physical violence and extortion were committed again this year (see for instance here and here). The authorities failed to classify them as anti-LGBTI hate crimes.

San Marino

In July, a well-known radio DJ of San Marino spoke publicly about a homophobic attack he suffered in neighbouring Italian town, Pesaro, 50 kilometres away from San Marino. A group threw fruit at him and a friend on the street.

Serbia

On 17 September, Belgrade Pride’s location was vandalised by a far-right group. The police detained the suspects. On 23 December, the Pride Info Centre was vandalised with graffiti and pictures of Ratko Mladic. Inscriptions read “Ratko Mladic Serbian Hero” and the Belgrade Pride — EuroPride 2022 logos were crossed out. This is the 11th time the Pride Info Centre has been vandalised, and so far there have been no prosecutions.

Slovakia

In July, teenagers verbally harassed and then beat up two men they perceived as gay, in Bratislava.

Slovenia

Legebitra documented six and TransAkcija three hate crimes this year, through their online platforms.

Spain

A young gay man, Samuel Luiz was brutally murdered by a group of seven in A Coruña in July. The homophobic murder sparked demonstrations and public outcry across the country, some of which were met with police violence. Following the murder, the office of the HIV Committee of A Coruña was attacked during the local Pride celebrations. The anti-LGBTI murals and graffiti were also common this year. Several benches painted with the LGBTI flag colours were vandalised in small villages.

Sweden

The 2020 national hate crime statistics report found that the police documented 471 anti-LGBTI hate crimes last year.

Switzerland

On the eve of IDAHOBIT on 17 May, 100 rainbow posters were torn down in the city of Buchs.

Tajikistan

Civil society reports that violence against LGBTQI+ people continues to be carried out on a daily basis. Life for Tajik LGBTQI+ people remained unsafe, even in cases where they had left the country.

Turkey

Countless hate crimes took place against LGBTI people again this year. Trans women were assaulted in the street in March and July. A group of LGBTI+ activists were severely assaulted in March in Newroz. In July, several gay men were attacked by violent groups — one person was stabbed.

Turkmenistan

Article 135 of the Penal Code, criminalising consensual same-sex relations between men, which has allowed for arrest, intimidation, extortion, blackmail, and violence against members of the LGBT community, including by the authorities, continues to be in place.

Ukraine

Anti-LGBT hate speech and hate crimes continued to be a severe issue this year. Nash Mir’s annual report documented 80 hate crimes against LGBT people in 2020. In July, Nash Mir’s study also found that in 27% of anti-LGBT hate crimes the police called to the scene did nothing and in 38% of cases they did not record the crime or start an investigation.

United Kingdom

Hate crimes remained a serious issue. The UK Home Office annual hate crime statistics report highlighted that homophobic hate crimes increased by 7% and transphobic hate crimes by 3%, in England and Wales. Media reported that the increase of hate crimes based on sexual orientation was higher, 12%.

Uzbekistan

On 28 March, a large group of men violently assaulted people they perceived to be LGBT and attacked a blogger who spoke in favour of equal rights for LGBT. LGBTQ+ Uzbeks reported going into hiding, as mobs kept cruising the streets and questioning people about their sexual orientation.

A report from the leading LGBTI organisation in Europe finds that amid a rise in official anti-LGBTI rhetoric fueling a wave of hate crime in every country in Europe, there is a growing institutional resolve to tackle hatred and exclusion.

Published today, February 15, 2022, ILGA-Europe’s Annual Review of the Human Rights Situation of LGBTI people in Europe and Central Asia finds that while there was a staggering rise in 2021 of anti-LGBTI rhetoric from politicians and other leaders, fuelling a wave of violence, with anti-LGBTI hate crime reported in every country, the response to this has been an allied determination in many countries, and at the European level, to tackle hatred and exclusion of LGBTI people.

Politicians in countries across Europe, not just in the usually reported Hungary and Poland, have continued to demonise LGBTI people over the past year, leading to a stark rise in anti-LGBTI attacks, burning of rainbow flags, and targeting of young LGBTI people in particular. A particular low point of the year came on June 15, with Hungary’s introduction of legislation which introduced a ban on the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” for persons under 18.

Reported violence against LGBTI people in this context across Europe was rife. Germany, for instance, had a 39% increase in anti-LGBTI hate crime, while a new app in France, where users can report anti-LGBTI hate crimes, collected reports of 3,896 incidents in its first year. In the second year of the COVID-19 pandemic, domestic violence against LGBTI family members continued to take place widely. There were murders, assaults, corrective rapes, and anti-LGBTI police brutality. In many countries where police brutality took place, the police were not held accountable.

Anti-gender and anti-trans rhetoric have remained widespread, often targeting youth in particular. The narrative pitching trans rights against women’s rights also continued apace this year, and in this context there was stagnation in legal gender recognition (LGR) reform in many countries.

According to Executive Director of ILGA-Europe, Evelyne Paradis: “The spread of anti-LGBTI and trans exclusionary rhetoric outlined in this report has a very real negative impact on people’s lives. In country after country, we see how it negatively impacts people’s mental health and their sense of safety, their access to employment and the overall ability to progress much needed legal protection. At this moment in time, it is essential we remind politicians, media, academics  –  and sadly even some civil society actors – that real people’s lives are at stake in every country across the region, because of the political scapegoating of LGBTI people.”

In the context of this political scapegoating, national human rights institutions (NHRIs) and courts in many countries have begun to strengthen their work to protect the rights of LGBTI people. The European Court of Human Rights delivered several positive judgments this year, on hate crimes, freedom of assembly, LGR and family rights.

By far the strongest commitment to LGBTI human rights from European Union level came when the European Commission (EC) in July opened landmark infringement procedures against both Hungary and Poland. The European Parliament also adopted its resolution on LGBTIQ rights in the EU, strongly supporting the EC’s objective to propose legislation in several areas of protecting LGBTI rights, and condemning where member states have not been respecting EU law as regards LGBTI rights.

Said Katrin Hugendubel, Advocacy Director at ILGA-Europe, “This report narrates an unparalleled year in Europe, with regional and national institutions and courts taking their obligations to the human rights of LGBTI people with utmost gravity amid the now crystal clear escalation of the instrumentalisation of hatred against LGBTI people for political gain and expanded power. The advance of using hatred of any minority as an instrument of political gain, which we have seen throughout history, must be addressed and halted with allied determination across the region.”

It is also clear from this report that state-sponsored anti-LGBTI rhetoric and legislation is not matched by public opinion. Support for LGBTI people has never been stronger. In Hungary, for instance, a representative poll commissioned by Amnesty International Hungary and Háttér Society and conducted by polling agency Medián between 13 and 19 July 2021, found that 73% of Hungarians reject the government’s false claim that gay and lesbian people abuse or harm children.

A clear majority of Hungarian society (74,5%) believe that transgender people should be able to change their gender and name in their official document, while 59% support same-sex marriage. Hardly any Serbians know trans people, but 60% think they should be protected from discrimination. 68% of Romanians think all families, including rainbow families, should be protected, while 40% of Bulgarians would support a party that is pro-LGBTI.

According to Soudeh Rad, co-chair of the ILGA-Europe board: “While these numbers and outcomes of similar polls are promising as heartwarming illustrations of the strength and impact of the work carried out by civil society and the LGBTI movement at global, regional, and local levels, we must not forget the struggles activists across Europe and Central Asia face in realising a world where everyone can enjoy their human right to  fully be themselves.”

Check out our Annual Review 2022.

Navigate the Annual Review chapters by country, institution or theme at our Rainbow Europe module!

For further comment, please contact ILGA-Europe’s Communications and Media Officer Ana Muñoz Padrós at ana@ilga-europe.org or +32 493356055.

The Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe and Central Asia between January-December 2021.  

The Annual Review is ILGA-Europe’s annual publication documenting legal, political and social developments in 54 countries and 4 European institutions over the past calendar year. It is a unique report tracking key positive and negative trends in relation to LGBTI equality and human rights in Europe and Central Asia.

This year’s review finds that behind the smokescreen of anti-LGBTI rhetoric in Europe, there’s a groundswell of allied determination to tackle hatred. 

When we talk about safety for LGBTI people, we mean ensuring that they’re fully protected from a range of threats to their wellbeing.

These include bias-motivated speech (both online and offline), bias-motivated violence and gender-based violence. Besides, safety also means that LGBTI victims of crime or violence receive adequate support – and that LGBTI people in asylum are never left behind.

Here is how we work with each of these focus areas:

Bias-motivated speech

At ILGA-Europe, we work to ensure that LGBTI people are protected from bias-motivated speech and anti-LGBTI speech based on Sexual Orientation, Gender Identity and Expression and Sex Characteristics (SOGIESC) – both offline and online. At the same time, striking a balance with freedom of speech and expression is critical. 

Specifically, we work against bias-motivated speech by advancing protections against it in national, regional and international standards. Moreover, we strengthen legal and non-legal measures at national, regional and international levels that will help us combat anti-LGBTI hate speech and disinformation. 

Another part of our work has to do with raising awareness. We work to inform different stakeholders about bias-motivated speech or its specific elements – like protection gaps, LGBTI-specific challenges, underreporting and failures to investigate incidents.

Besides, ILGA-Europe works with strategic litigation, provides support to our members and networks with other civil society organistations working on the issue – like European Digital Rights (EDRi), Access Now, European Network Against Racism (ENAR) and the European Disability Forum (EDF). 

Bias-motivated violence

At ILGA-Europe, we work towards fully protecting LGBTI people from bias-motivated violence – and to ensure that LGBTI victims receive the support they need without discrimination. We do this in a number of ways.

First of all, we work to strengthen legal and non-legal measures at national, regional and international levels to combat violence against LGBTI people that’s motivated by bias. People with diverse sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) need to be fully included in all laws protecting against hate and providing safety and support for victims.

We also strive to ensure that different stakeholders are aware of the issue and its specific elements – like the underreporting of crimes against LGBTI people, the lack of specialised support services for LGBTI victims and discrimination in criminal justice. Implementation guidelines and trainings, both for police forces and for the judiciary are key in tackling underreporting. 

Last but not least, we work with strategic litigation, support our members across our region and work with other like-minded civil society organisations – like the European Network Against Racism (ENAR), the Platform for International Cooperation on Undocumented Migrants (PICUM), Victim Support Europe (VSE) and others.

Gender-based violence

It is crucial to understand that LGBTI people are at great risk of gender-based violence (GBV) and domestic violence. The reason? LGBTI people are often seen as transgressing societal norms of gender and gender expression – especially in contexts where binary gender stereotypes are the rule and norm. Also, especially young LGBTI people can face hostility and violence in family settings, but to non-acceptance of their sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).

As a result, addressing gender stereotypes and gender-based violence goes hand-in-hand with focusing on the intersections between gender and SOGIESC. Only then can we address all the implications and impacts of harmful norms – and draw out their root causes.

At ILGA-Europe, we strive to ensure that all forms of GBV and domestic violence against LGBTI people are recognised and addressed by all stakeholders at all levels. We do this in a number of ways.

First, we work to help members, stakeholders and decision-makers understand how GBV and domestic violence also effect LGBTI people and how laws and policies need to be inclusive of SOGIESC. We work to ensure that LGBTI people are protected from all forms of GBV in national, regional and international standards.

Last but not least, we support our members and network with other civil society organisations working against GBV and domestic violence.

Asylum

LGBTI asylum seekers in the region deserve safety and fair treatment. At ILGA-Europe, we particularly focus on making this a reality. Specifically, we work to advance protection for LGBTI asylum seekers in the EU and ensure they’re treated fairly on national, regional and international levels. We also strive to strengthen legal and non-legal measures to combat discrimination against LGBTI asylum in host countries.

Besides, we work to raise awareness amongst different stakeholders about SOGIESC asylum. Last but not least, we strategically litigate to advance protection for asylum seekers, support our members and network with other civil society organisations working on the issue. 

It’s important to note that we do NOT support individual asylum applications. We do not have the resources and expertise to work on individual cases and emergencies: assisting individual asylum seekers requires a deep knowledge of national asylum law, which varies greatly from country to country.

• Join our SOGIESC Asylum Mailing List to discuss strategies, share relevant developments, materials and good practices, and to connect those working on issues around sexual orientation, gender identity, gender expression and sex characteristic (SOGIESC) in the context of international protection in Europe.

Police and law enforcement

Our work with police and law enforcement is focused on ensuring that, as the front line of the criminal justice system and the first point of contact for many LGBTI people, they are aware of the particular challenges the LGBTI community faces. That way, police and law enforcement can effectively identify and investigate crimes without prejudice; in particular, hate crimes against LGBTI people.

Specifically, ILGA-Europe collaborates with The European Union Agency for Law Enforcement Training (CEPOL), the Fundamental Rights Agency (FRA) and the High Level Group on combating hate speech and hate crime. We also work to raise awareness around the relationship between policing and LGBTI people – covering issues like structural discrimination and underreporting.

We also strategically litigate to change police and law enforcement practices, support our members and network with other civil society organisations working with police and law enforcement.

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A survey of LGBTI organisations across Europe and Central Asia finds they face significant challenges in the face of growing anti-LGBTI forces, and the ongoing COVID-19 crisis.

A report launched today by Europe’s leading LGBTI organisation, ILGA-Europe indicates that LGBTI activists are struggling to resource their work amid a number of challenging factors.

The report, entitled, “Funding To Meet Changing Realities – LGBTI Organisations on the State of Funding in Europe and Central Asia, Survey 2021”, based on survey responses from 300 LGBTI organisations across Europe and Central Asia finds that:

• About one third of LGBTI organisations operate on yearly budgets under 20,000 Euro, whilst engaging in a wide variety of activities to simultaneously serve their communities and advance laws and policies to protect LGBTI people’s human rights
• Amidst the COVID-19 pandemic, organisations across the region stepped up to fill the gaps by providing services to LGBTI people that should have been provided by public authorities
• Every second LGBTI organisation in the region experiences stress and burnout due to not being able to meet the needs of LGBTI people coming in for help

Overall, 84.9% of organisations say that they have been faced with burnout issues. The most common cause of stress and burnout across was not being able to meet the needs of LGBTI people coming in for help (49.7%), responding to COVID-19 (46.1%) and having to respond to external threats from right wing, anti-LGBTI or “anti-gender” groups or individuals (43.6%).

The report further assesses challenges that LGBTI organisations face and maps the diversity of work done and communities served by organisations. About three-quarters of LGBTI organisations identified a lack of funding for the activities that are most important to their organisation as a barrier to implementing projects. They often do the most important work for them without funding, or without dedicated funding.

The report also indicates that the despite mounting workloads, burnout and growing threats and attacks, LGBTI organisations continue to widen their work, focusing on a variety of highly vulnerable groups within the LGBTI community, such as migrants, young people, and trans and gender and non-conforming people, and are in dire need of additional resources to ensure that they can strengthen these efforts.

Amongst the good news is that LGBTI organisations across the regions have grown the proportion of their own resources to support their work, for instance by getting more donations from companies and private donors.

Launching the report, ILGA-Europe Programmes, Director Björn van Roozendaal said: “Behind the rich data contained in this report there is a powerful story of LGBTI activists who amidst growing opposition, rising oppression and an unfolding pandemic have continued to stand up for their communities, reached out to those who are most affected and continued to undertake new work and build partnerships to meet today’s challenges. But resources continue to be scarce. The stark findings of this report should be a call to action to anyone who can and wants to support or step-up their commitment to support LGBTI organisations.”

Further information:

The report Funding To Meet Changing Realities – LGBTI Organisations on the State of Funding in Europe and Central Asia, Survey 2021 is written by Erin Howe and Somjen Frazer from Strength in Numbers Consulting Group for ILGA-Europe. It is based on a survey to which nearly 300 LGBTI organisations responded, as well as interviews with 21 activists.

For further comment, contact: Ana Muñoz Padrós, ILGA-Europe: ana@ilga-europe.org, +32 493 35 60 55