On 4 November, Ireland’s Minister for Justice launched a consultation on the development of a scheme to disregard historic convictions of gay and bisexual men. The criminalisation of consensual sexual acts between men in Ireland came into effect prior to the foundation of the State and remained in place until its eventual decriminalisation in 1993. Although anyone may add their feedback, affected persons and representative organisations are particularly being encouraged to provide input on a number of key issues based on their lived experiences. The consultation is open until 9 December.

On 17 November, the Third Committee of the UN General Assembly adopted the resolution presenting the Annual Report of the Human Rights Council without a challenge to the renewal of the mandate of the Independent Expert on protection against violence and discrimination on the basis of Sexual Orientation and Gender Identity (IE SOGI) for a second time. ILGA-Europe joined 1,256 non-governmental organisations from 149 States and territories in all regions supporting a campaign to renew the mandate.

The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, intends to present a thematic report to the 53rd session of the UN Human Rights Council in June 2023 on the right to freedom of religion or belief in relation to sexual orientation and gender identity (SOGI). The Independent Expert invites all interested States, civil society organisations, faith-based institutions, faith leaders, academics, international organisations, national human rights institutions, activists, corporations, and others, to provide written input for his thematic report.

For the first time, the European Court of Human Rights has applied a ruling from the children’s rights perspective in surrogacy cases to same-sex families. In a judgement delivered on 22 November, in the case of ‘D.B. and Others v. Switzerland’, the European Court found that the right to private life (under Article 8 ) of the child born to same-sex couple through surrogacy was violated because of the non-recognition of the intended second parent. At the same time, the Court acknowledged that because surrogacy as a means to start a family is against Swiss public policy, and the parents knew this beforehand, the parents’ rights were not violated.

Kyrgyzstan, Tajikistan and Uzbekistan will be benefiting from the UK DCTS preferences (Developing Countries Trading Scheme) as of 1 January 2023. DCTS preferences are similar to those granted by the EU to countries with a GSP status. While Tajikistan and Uzbekistan benefit from DCTS’ LDC Standard preferences (Least Developed Countries), Kyrgyzstan will be benefitting from DCTS’ Enhanced preferences. The Enhanced preferences of UK DCTS scheme retains the power to suspend a country’s preferences for serious and systematic violations of human rights and labour rights based on 27 international conventions. LGBTI and human rights activists can use this trade scheme as a leverage to enter into dialogue with their governments on improving the human rights situation of LGBTI people in the respective countries.

On 24 November, the Russian Parliament adopted a new law extending the law on so-called “propaganda”. The new legislation bans any advertising, media, books, films, or theatre productions that are deemed to promote homosexuality or gender identity for all ages. These acts are now punishable with fines of up to 400,000 rubles (€6,400) or up to 5 million rubles (€80,000) for legal entities.

On 29 November, ILGA-Europe wrote a letter to the Spanish government regarding proposed amendments to the legal gender recognition reform. “We are concerned by recent reports regarding amendments which would weaken the law and limit access for minors” says the letter. Human rights-based LGR allows access for minors using the same method as adults. ILGA-Europe strongly encourage the rejection of amendments that would limit this access.

RFSL, the Swedish Federation for LGBTQI rights, is currently accepting grant applications to support initiatives, groups and organisations, focusing on the unique needs of bi+ and queer movements from Armenia, Georgia, Moldova and Ukraine. In addition to funding, grantees are offered capacity strengthening, professional development opportunities, advocacy mentorship and assistance in organisational development. Maximum grant amount for the call is 7 300 Euros.
Read more and apply before 8 January.