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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

In solidarity,

Signatories

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

About Get Ready!

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

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

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

What you will get from the training:

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

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

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

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

Practical details

Dates: 3-6 May, 2024

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

Language: English

Number of participants: 25

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

Costs:

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

Accessibility:

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

Trainers and facilitators

• Svetlana Zakharova, Senior Programmes Officer, ILGA-Europe

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

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

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

Who is invited to apply

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

Get Ready! is meant for your organisation if:

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

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

How to apply

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

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

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

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

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

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

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

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

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

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

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

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

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

Join statement by:

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

Why we launch this call

Last year, ILGA-Europe launched a new programme focused on work done by and for racialised LGBTI communities. With this call, ILGA-Europe continues its commitment to providing funds and support for this part of LGBTI movement that addresses intersectional impacts of injustice, racialisation, racism and supremacy, and specific harms affecting the lives of racialised LGBTI communities across Europe.

Many LGBTI organisations and groups run by racialised LGBTI activists continue to face obstacles in accessing funding while taking on the burden of exposing structural oppressions, building and sustaining the resilience of racialised communities, and filling the gaps in provision of services, care and spaces for racialised LGBTI people.

The work of these groups highlights the structural nature of intersectionality, brings to light many interconnected oppressions and reveals the ways they interact to produce specific harms. By continuing our support for this part of LGBTI movement, ILGA-Europe want to recognise the effort and knowledge it takes to address intersectionality, strengthen organisations run by racialised LGBTI activists, and deepen solidarity with racialised LGBTI communities.

We acknowledge a great value for the wider movement in making the work of racialised LGBTI activists more visible and better supported. We see an opportunity to share the learning from this programme to the wider movement, as we believe that solutions and approaches that include a few will pave the way and point to the solutions for many.

Aim of the program

The aim of this program is to address the intersectional impact of injustice, racialisation, racism and specific harms affecting the lives of racialised LGBTI communities across Europe.

This program will do it by:

• Supporting, strengthening and advancing the work of up to 12 European LGBTI organisations that are led by racialised LGBTI people and work with and for racialised LGBTI communities;
• Creating spaces for the group to exchange and build connections through holding regular partner meetings

Structure of the program

Participation in the program involves TWO components:

• Financial support of a project (up to €25,000 per project for 12 months),

AND

• Regular partner meetings that will bring groups together (on-line) to strategise and share work and experiences (three meetings in 12 months).

Available funding

• We can support up to 12 organisations with grants in the amount of €20,000 to €25,000: up to 10 grants to the EU-based organisations and up to two grants to non-EU based organisations;
• The project has to run for 12 months: from 1 June 2024 until 1 June 2025.

Type of organisations and groups we will support

This call is aimed specifically for registered and non-registered LGBTI-run organisations and initiative groups in Europe that are:

• Led by racialised LGBTI people and
• Working for and with racialised LGBTI communities.

Due to our donor’s limitations, we are able to support only organisations that are:

• Member organisations of ILGA-Europe as of 1 June 2024 (start of the project). If your application for membership is under consideration as of 2 April 2024 (the deadline for this application), you are eligible to apply. There is more information about membership in the Q&A document in the application package.

Non-registered organisations and groups are eligible to apply, but must partner with a registered legal entity that is able to receive funds from ILGA-Europe. This entity cannot be a physical person.

When we speak about racialised LGBTI communities, we are referring to LGBTI communities whose lives – and life experiences – are shaped and limited by racialised profiling, racist structures, policies, treatment and discrimination. Because intersectional oppressions are rooted in the ‘logic’ of a human hierarchy, with Whiteness and patriarchy as supreme, we know that harms will particularly affect people racialised as Black, as well as Indigenous people, people of colour, racialised minorities in Western and Northern Europe (such as Roma, Kurds, Sami people etc.) and in Central and Eastern Europe (such as Crimean Tatars, people from Central Asia and South Caucasus in Russia etc.

Type of projects we are looking to support

We are looking for projects whose primary aim is to address the intersectional impact of injustice, racialisation, racism and specific harms affecting the lives of racialised LGBTI communities across Europe.

We will support projects that offer to do this through one (or several) of the following ways of working:

• Facilitating fairer/better access of racialised LGBTI communities to opportunities, services, spaces and care from which these communities have been historically excluded;
• Forging and advancing collaboration and partnerships with other actors: activist groups (racialised or not; LGBTI or beyond), media, authorities and/or service providers;
• Exploring, reclaiming and enhancing voices and experiences from racialised LGBTI communities to challenge existing structures, change existing practices, mobilise wider support and engage the community;
• Strengthening internal organisational structures, skills and practices to build a sustainable presence for and with(in) the communities and wider civic society space.

Budget criteria

Budgets up to €25,000 per 12 months of the project are eligible. Only costs between 1 June 2024 to 1 June 2025 can be included in the budget. The types of costs covered by this programme are direct project costs and can include:

• Personnel costs
• Travel and event costs (both physical and digital)
• Costs related to obtaining external expertise and/or services associated with the implementation of the project
• Interpretation and translation costs
• Communication activities and campaigns related to the aim of this call, including social media and traditional media fees, production of materials, design, printing
• A fair proportion of administrative costs or core organisational costs which are linked to the implementation of the project (rent, utilities, IT, technology, telecommunications, accounting, administrative fees, fiscal sponsor fees, depreciation of new and existing equipment).

Under this call, there is NO budget percentage limitation to cover personnel and consultancy costs, as long as they are directed towards the objective of the call. This means that you can include as many human resources or external personnel costs as needed, and these costs might represent an important share of your budget.

Organisational capacity building can be included. This means projects can incorporate training, internal learning for staff and/or volunteers and other activities aimed at building the knowledge and skills needed for organisations to meet the broader purpose of this call.

You can look at an example of the prefilled budget we provided in the application package. This can give you a clearer idea what information we need from you to include and in what format for us to be able better assess the financial part of the project. 

Time commitment

We are aware that many LGBTI organisations run by racialised LGBTI people operate on voluntary bases, with limited human, financial and time recourse. Therefore, we want to communicate in advance time commitment needed for this programme apart from implementing the project. This is the time needed to connect to other originations within the programme, communicate with ILGA-Europe and report back.

Participation in the programme comes with the following commitments:

• What:  Three on-line meetings for programme partners to come together, share space and experiences, learn about each other’s work, build connections

When: July 2024 (kick-off), February 2025 (mid-way), and June 2025 (closing)

Time: 1h 30 mins each meeting

• What: Four progress calls with ILGA-Europe to discuss an ongoing work, implementation of the project, needs, challenges, opportunities

When: June, September, January and April

Time: 1h each call

• What: Interim financial report

When:  4 November

Time: as required depending on your capacities and needed support from us

• What: Final financial and narrative reports

When: mid-June 2025.

Time: as required depending on your capacities and needed support from us

We will schedule meetings in advance and in conversation with you.

Full information and guidance on reporting financial and administrative requirements will be provided to successful applicants.

ILGA-Europe staff that will work with you

In this programme you will be closely working with two ILGA-Europe colleagues: Nadzeya Husakouskaya and Antonella Cariello.

As a Programmes Officer, Nadzeya is the main contact between you and ILGA-Europe. They hold key elements of the programme – communication with partner organisations, organisation of connecting spaces, structure and design of the program, learnings for ILGA-Europe and the wider movement. 

As a Finance and Grant Officer, Antonella oversees and supports financial aspects of the project implementation. She handles any grant management, budget and finance-related questions.

You can read more about both colleagues here.

Key Things to Consider

In selecting proposals, ILGA-Europe will prioritise projects that respond to the framework, aim, objectives, and areas of work of this call, and:

• Clearly communicate how injustice, racialisation, and racism are impacting racialised LGBTI communities in the local contexts (Questions 2.1, 4.1 and 4.2 in Application form)
• Present a well thought-through plan for how the work will be carried out and how it will contribute to positive outcomes for racialised LGBTI communities in the context and the obstacles (practical, political etc) you may face (Section 4 in Application Form and the Budget)
• Have strong ties to the local racialised LGBTI communities and connections to local LGBTI movement (or some parts of it) (Section 2 in Application Form)
• Work towards bridging gaps: in services, within and amongst the communities, with other groups and actors (Questions 4.1, 4.2, 4.3 and 5.1 in Application form)
• Strive to establish connections, collaborations, practices and tools that can live beyond the project’s lifetime (Questions 4.2, 4.3, and 5.1 in Application Form)
• Have a minimal financial capacity and some financial management system in place to implement the project (Section 3 in Application form and the Budget)

Do you have any questions?

• You can read Q&A document in the application package. The Q&A document will be updated on 26 February and 26 March after on-line Q&A sessions.

• You can come to one of the online Q&A sessions we will hold – on 21 February, Wednesday, 17.00-18.00 CET (register) and 21 March, Thursday, 12.00-13.00 CET (register). The questions and answers from these sessions will be included into an updated version of Q&A document for those won’t be able to be present at the sessions.

• While working on the budget, you can look at the example of the prefilled budget we provided in the application package. It illustrates the information that needs to be included in the budget and formats in which to provide it to make financial aspects of the project clear.

• You can e-mail nadzeya@ilga-europe.org and get an answer via e-mail. All answers to the questions received via e-mail will make it to the updated Q&A document as well.

Application deadline and timeline

• Proposals should be submitted using the attached application form and budget template to nadzeya@ilga-europe.org. The last day to submit your application (deadline) is 2 April 2024, Tuesday, 09:00 CEST (morning).

• We will inform all applicants about the outcomes of the selection process via the e-mail provided in the application by 15 May 2024 at the latest.

• Contracts will be signed with successful applicants in May 2024. Successful applicants should be available to respond to requests during that period.

• The timeline for all projects supported in this programme is fixed: Projects are to start on 1 June 2024 and end on 1 June 2025.

Advance planning information for successful applicants:

• Partner meetings will be scheduled for July 2024 (kick-off meeting) and February 2025 (mid-way meeting) as soon as the cohort of partner organisations is selected. The closing on-line meeting will happen in June 2025 and will be scheduled at the beginning of 2025.

• Progress calls with ILGA-Europe in June, September, January and April will be scheduled on a rolling basis.

• A financial interim report will be due on4 November 2024 and the final financial and narrative reports in mid-June 2025.

Application pack

The European Court of Human Rights has issued a judgement against Poland in a case taken by five same-sex couples in the country, seeking to have their relationships legally protected.

Today, in the case of Przybyszewska and Others v. Poland, the European Court of Human Rights (ECHR) ruled that the Polish State is in violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights, having failed to comply with its duty to ensure that the applicants had a specific legal framework providing for the recognition and protection of their same-sex unions.

That failure had resulted in the applicants’ inability to regulate fundamental aspects of their lives and amounted to a breach of their right to respect for their private and family life.

The case was taken to the ECHR in 2017 and 2018 by five same-sex couples in stable relationships who live in the Polish cities of Lodz, Cracow and Warsaw.

Since marriage is the only way to formalise a relationship in Poland, the couples independently decided to marry a few years ago and approached their local civil registry offices in order to carry out the necessary formalities to get married. The authorities refused to marry them, as under Polish law marriage can only be between a man and a woman.

One of the Polish Government’s arguments was that the traditional concept of marriage as a union of a man and a woman constituted Poland’s social and legal heritage, but the Court noted that the present case did not concern same-sex marriage. Member States, it said, are able to determine the exact nature of the legal regime to be made available to same-sex couples, but have significantly less discretion when it comes down to legal recognition and protection in general.

The Court therefore concluded that the Polish legal framework could not be said to provide for the core needs of recognition and protection of same-sex couples in a stable and committed relationship. Same-sex partners are unable to regulate fundamental aspects of their life together, such as those concerning property, maintenance, taxation, and inheritance. Also, in the majority of situations, their relationship holds no weight in dealings with the judicial or administrative authorities.

The Court took note of the applicants’ and third-party interveners’ submissions indicating the increasingly hostile and homophobic attitudes towards sexual minorities displayed by high-ranking politicians from the then ruling party in Poland, including resolutions “counteracting LGBT ideology” passed by some local government bodies in Poland. Hateful statements had also apparently been made by one of the current judges of the Constitutional Court about the LGBTI community.

The case was supported by the Coalition for Civil Unions and Marriage Equality, which includes the NGO’s: Love Does Not Exclude, the Campaign Against Homophobia, the Polish Society for Anti-Discrimination Law, and the Helsinki Foundation for Human Rights.

According to coordinator for the Coalition, attorney Paweł Knut: “As of today, we start living in a new reality in which the roles have reversed. Same-sex couples no longer have to ask to be recognised in court or in an office. Thanks to the Court’s verdict, it is the state that has to start justifying why it has not yet put proper legal protection in place.”

ILGA-Europe were one of nine groups who intervened in the case. According to our Head of Litigation, Arpi Avetisyan: “Today’s judgment from the European Court is a crucial stepping stone in ensuring the rights of same-sex couples in Poland are duly recognised and protected.  No more ‘if’s’ and ‘but’s’ can justify delays in putting in place a framework for legal recognition of rainbow families.”

On Monday this week, Donald Tusk secured the support of the Polish parliament to head a new government, bringing to an end eight years of right wing government under the nationalist Law and Justice (PiS) party.

Mirka Makuchowska of the Polish LGBTI NGO, Campaign Against Homophobia has called on the new prime minister to meet with NGO’s in the light of the ruling. “After eight years of humiliation, a campaign of hatred against LGBT+ people by the government and the state apparatus, a face-to-face meeting with the Prime Minister is badly needed, not least so that Polish women and men can see that there is no longer a better and worse class of citizens, only one nation that we, LGBT+ people, are a part of,” she said.

Welcoming the judgement, one of the litigant couples, Michał and Wojciech, said: “We are hopeful that we may live to see the moment when the state finally acknowledges our 20-year relationship. This is important to us for practical reasons – security in our daily lives – but also for symbolic reasons, so we can finally feel that the state treats us on an equal footing with other citizens. Of course, we hope that the ruling coalition will take the verdict seriously and quickly fulfil the promises they made during the election campaign.”

The Polish government must now report to the Council of Europe Committee of Ministers on the implementation of the judgment.

Today, Russia’s Supreme Court banned what it called the “international LGBT public movement” as extremist. The LGBTI movement’s activities within Russia were said to “incite social and religious discord” in violation of the country’s anti-extremism laws.

This violently disproportionate decision, which has been classified as a state secret and is therefore not open to scrutiny, makes imprisonment a very real scenario for participating in activism, sharing information about LGBTI people’s human rights, or simply speaking up. It is an attempt to completely shut down any LGBTI organising and instil fear of prosecution and imprisonment among LGBTI people in general, as well as those who support them.

Adding ‘the international LGBT movement’ to a list of over 100 banned ‘extremist’ groups in Russia, it also extends beyond Russia’s borders, opening gates to prosecution of any entity or person at home or abroad involved in LGBTI activism as ‘extremist’.

ILGA-Europe condemns this abhorrent attack on LGBTI people and human rights groups in Russia. This ban is unprecedented in our region and outlaws organisations and individuals who have been withstanding harsh state-led attacks since 2013, both those targeting the rights of LGBTI people and those targeting independent civil society and media.

We stand in solidarity with LGBTI activists in Russia, who have remained resilient and determined in the face of repeated and escalating attacks on their work, lives and freedom. ILGA-Europe has been working to directly support and empower the LGBTI movement in Russia through providing resources, learning, networking and convening opportunities, as well as mobilisation of solidarity networks, for more than 15 years. We are committed to continue doing so while learning about what is needed as the situation evolves.

In our consultations and meetings, Russian activists are saying loud and clear that action is needed now more than words. While organisations will feel the need to comment on today’s decision, we ask those who hold resources to do more than simply condemn. We urge them to recommit to staunchly supporting LGBTI organising in Russia through funding, security assistance, logistical and diplomatic support to relocations of those at risk, and other forms. In doing so, it is paramount to centre the strategies, guidance, knowledge and experience of LGBTI activists and groups that operate in the country and directly engage LGBTI communities in their work.

All over Europe and Central Asia, LGBTI people are used by different political payers to gain the power. Our opponents create and feed harmful and dangerous narratives about us and our struggles. Is it possible to communicate with our target audiences without playing their rules and not feeding into their narratives?

Join this online session to learn how to proactively and effectively communicate while not playing into populist narratives that feed polarisation. You will get the first-hand insights about the strategies used in Hungary, where Háttér Society used the so-called “anti-LGBT Referendum” to talk to their allies and in Spain, where La Intersession successfully campaigned for the rights of trans people and even prepared a guide: How we can change trans narratives collectively.

Speakers: 

• Alberto Abellán, La intersección, Spain 
• Javier Vaquero, La intersección, Spain 
• Luca Dudits, Háttér Society, Hungary

The session will take place online on 13 December at 13:00 CET. You can register to join the event here.

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

Earlier this year, Italy’s Minister of Interior of Meloni’s government announced that registrars should no longer register the children of same-sex couples. The government’s intimidation resulted in a series of administrative and legal attacks against LGBTIQ* families throughout the country. In Padua, at least 33 mothers of 37 children received notification that their child(ren)’s birth certificates, in which two women’s names appeared, were illegitimate. On Tuesday 14 November 2023, the first hearings possibly leading to the retroactive removal of the non-biological mothers’ names from their respective birth certificates, effectively erasing the legal motherhood of the non-biological mothers, took place before the Court of Padua. The public prosecutor’s office and the lawyer of the mothers in question, claim that removing one mother is unconstitutional.

In many cases, the deregistration comes after many years, and the children thus ‘lose’ one mother, and sometimes their family name, from one day to the other. The deregistration of a parent marks a clear breach of human rights, with significant negative impacts on the well-being and day-to-day lives of the parents and the children, and is clearly not in the best interests of the child.

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

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

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

The European Court of Human Rights clearly ruled that states need to establish a mechanism to allow for recognition of the parent–child relationship for non-genetic parents, such as through adoption, and that children should not be blamed for their parents’ decisions, including regarding conception. Children have an undeniable right to the protection of their private and family life. World Children’s Day serves as a reminder of our collective responsibility to ensure every child’s right to a stable and loving family environment. 

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

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

The Council of Europe will, in 2024, conduct a third comprehensive review of the Committee of Ministers Recommendation (2010)5 (CM/Rec(2010)5). The CM/Rec(2010)5 was previously reviewed in 2013 and 2019, with coordinated civil society input those reviews.

This will involve the following steps for the Council of Europe and its Member States:

November 2023	Council of Europe preparation of a questionnaire for Member States
January 2024	Council of Europe pre-fills the questionnaire for Member States based on publicly available information and sends to governments
June 2024	Member States complete the questionnaire and return to CoE
2nd half 2024	CoE reviews materials from Member States and civil society, prepares report for review by the Steering Committee on Anti-discrimination, Diversity, and Inclusion in 2025

Civil society will have access to the unfilled questionnaire as of November 2023, and is encouraged to submit shadow reports based on the questionnaire.

Activities

To ensure strong civil society engagement, ILGA-Europe will support 20 organisations and groups to develop shadow assessments of the questionnaire and submit shadow reports. Additionally, ILGA-Europe will submit the Annual Reviews and Rainbow Maps for the covered time period, and compile a submission of regional specific trends based on the work of the civil society partners in the project.

In early December, ILGA-Europe will host a mandatory kick-off webinar on 13 December 2023 from 14h00 CET to 16h00 CET with all selected participants to talk about the project, the questionnaire, and specific questions for the process. Following this, participants will work independently until the end of February, when they will submit draft completed questionnaires to ILGA-Europe. ILGA-Europe staff will be available to provide 1-on-1 support for organisations and consortia during this period.

On 16 March, all participants will come to Brussels for a mandatory in-person 1-day consultation to discuss their drafts and overall issues with the process, share ideas about where to look for information, and plan their finalisation steps for their submissions. All travel, accommodation, and subsistence costs will be covered by ILGA-Europe for one person per organisation or consortium and do not need to be included in the project budget.

ILGA-Europe staff will remain available for 1-on-1 support following the consultation as participants finalise.

Participants will send their final submissions to ILGA-Europe in May, and will finalise the joint regional submission by the beginning of June. ILGA-Europe will submit all national submissions as well as the regional submission in June.

Timeline

Deadline / timeframe	Action
04 December 2023	Call for interest submissions from civil society applicants due
10 December 2023	ILGA-Europe informs civil society applicants of selections
13 December 2023	Kick-off webinar with civil society participants
From December 2023 to February 2024	Grantees work on the questionnaire independently; ILGA-Europe staff available upon request
28 February 2024	Civil society questionnaire submissions first draft due
16 March 2024	Consultation meeting, Brussels
01 May 2024	Civil society final submissions due

Budget and payment schedule

Civil society partners will be able to apply for up to 3000€ per Member State. Individual organisations and consortia are both encouraged to apply. Should more than one organisation or consortia from the same Member State apply with comparable applications, organisations will be encouraged to create one larger consortium to split the funding and the work for the project. It will not be possible to fund more than one project per country.

Payments will be made in two tranches based on deliverables.

Financial reporting or documentation will not be required, but funding must be treated as project-specific in partners’ accounts, and all money must be spent on the project (e.g. not added to reserves). ILGA-Europe retains auditing rights, and should ILGA-Europe auditors choose, they may require documentation to support expenses within this project.

Application

Submit the application pack (below) completed, by Monday, 4 December 2023 at 12:00 PM (noon) CET) to cianan@ilga-europe.org

Today, alongside five other international human rights organisations, we demand that the EU takes specific steps to ensure respect for the human rights of LGBTI people in Turkey in future EU-Turkey relations.

The LGBTI+ community in Türkiye is increasingly the target of discrimination, intimidation and violence, said the European Commission in its 2023 Enlargement Package published last week. It also points out that the activities of LGBTI+ organisations continue to be unduly restricted, LGBTI+ people and human rights defenders continue to be targeted with legal sanctions for participating in Pride events, and LGBTI+ people continue to face hate speech, stigmatisation, and smear campaigns.

According to our assessment and that of LGBTI+ human rights defenders these trends will intensify in the coming months.

After the May 2023 elections, Türkiye has explicitly expressed its desire for the EU to revive its accession process. Beyond the enlargement framework, EU leaders are considering options for engaging with Türkiye in areas of mutual interest, with the High Representative of the European Union for Foreign Affairs and Security Policy and the European Commission preparing a report on the future of EU-Türkiye relations ahead of the 14-15 December European Council. Indeed, in recent weeks, EU officials have also signalled an intention  to intensify dialogue and cooperation with Türkiye, including on issues such as visa facilitation, trade and investment, and migration.  

In light of these developments, we remind the EU and Türkiye that respect for rule of law and human rights must remain at the core of EU-Türkiye relations, regardless of the framework in which they develop. The EU’s accession process is anchored in the respect for fundamental rights, including those of LGBTI+ people, and such respect remains a cornerstone in all areas of the EU’s external action. We therefore call on the EU institutions to ensure that all discussions on EU-Türkiye relations – including the upcoming report due to be presented at the December European Council – take into account the human rights concerns we have outlined below, and that all steps toward engaging with Türkiye are used to promote tangible human rights improvements in the country. 

Hate speech against LGBTI+ people

Discrimination and hate speech which constitute incitement to hostility or violence against LGBTI+ people in Türkiye continued throughout 2023, often by high-level government officials, including the President. The run-up to the elections was marred by a high volume of anti-LGBTI+ statements from politicians, and smear campaigns against LGBTI+ people led by the ruling party. Since the election, pro-government media outlets have continued this alarming pattern of stigmatisation and discrimination.

In both September 2022 and 2023, the “Great Family Platform” organised anti-LGBTI+ marches in which some participants called for the banning of LGBTI+ organisations and events, and which led to commentaries justifying a call for the death penalty against LGBTI+ people. The promotional videos for the marches, in which LGBTI+ people were stigmatised, were approved by the Radio and Television Supreme Council (RTÜK) as public service advertisements. In 2022, the advertisement presented LGBTI+ people as a “virus,” and in 2023, the advertisement targeted so-called “LGBT propaganda.”

Türkiye is a party to many international treaties that prohibit discrimination, including on grounds of sexual orientation and gender identity. Among those most relevant to the violations described are the International Covenant on Civil and Political Rights (ICCPR), the United Nations Convention against Torture (CAT) and the European Convention on Human Rights (ECHR). The Turkish government has an obligation to protect everyone from discrimination, and should not be part of or show complacency towards any statements that could encourage discrimination and target a marginalized group, including LGBTI+ people.

We call on the EU to condemn discriminatory speech against LGBTI+ people and human rights defenders and to persist in urging Türkiye’s government and all its representatives to abstain from making statements that stigmatise and discriminate against LGBTI+ people, as such remarks put them at risk of harassment and violence. The EU should call for a prompt, impartial, thorough and effective investigation into any attacks and other forms of harassment against LGBTI+ people and for perpetrators to be brought to justice.

Freedom of peaceful assembly, in particular Pride events

This year’s Pride season in Türkiye began shortly after the legislative and presidential election, and spanned a number of weeks. A record number of Pride events were planned, despite blanket bans and the threat of police violence and detention of LGBTI+ human rights defenders.

LGBTI+ human rights defenders courageously defied political pressure and bans in order to claim their right to freedom of assembly and expression, but once again faced a number of fundamental rights violations. Across the country, LGBTI+ people and their allies were denied the right to exercise their rights to freedom of expression and peaceful assembly. The police used unnecessary and excessive force against protestors, and arbitrarily detained people participating in the events as well as bystanders.

Police intervened in at least 10 LGBTI+ rights related events and pride marches, detaining at least 224 people, including lawyers, journalists, human rights defenders, and foreign nationals. An opposition MP was also targeted and threatened with detention. At least 5 foreign nationals, including an Iranian LGBTI+ activist with international protection status, were held in removal centres for up to one month, facing deportation. The excessive use of force deployed during the police interventions violates the right to peaceful assembly, which is protected under domestic law and international treaties, including the European Convention on Human Rights.

In 2023, despite the continued anti-LGBTI+ rhetoric, bans and attacks on Pride marches, LGBTI+ human rights defenders continued their resistance with numerous successes, as many Pride events were organised, which once again underscores the strength and resilience of the LGBTI+ movement and people’s commitment to upholding fundamental rights and the rule of law in Türkiye.

However, 2023 was the ninth consecutive year since 2015 that LGBTI+ people have been subjected to blanket bans and restrictions on Pride events.

We call on the EU to demand Türkiye ends all arbitrary and disproportionate restrictions on the right to peaceful assembly, including the use of blanket bans, and protects participants of pride marches and other LGBTI+ events from any potential violence, as stipulated in Türkiye’s national legislation and international legal commitments.

New draft constitution

Earlier in 2023, the government proposed amendments to the Turkish Constitution on Article 41 on “protection of the family and the rights of the child.” The proposed amendment aimed to add to Article 41 that a “union of marriage can only be established between a woman and a man.” This definition of marriage explicitly discriminates against LGBTI+ people. Activists advocating for LGBTI+ rights are also concerned that such discriminatory amendments may pave the way for criminalising same-sex relationships and prohibiting LGBTI+ organisations from operating in the country.

We urge the EU to exert pressure on Türkiye to ensure that any revision of its Constitution includes a strong commitment to upholding the right to non-discrimination, in accordance with the various international treaties to which Türkiye is a party.

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

Two successful European Court cases brought against Russia underline state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence.

ILGA-Europe welcome yesterday’s judgments from the European Court of Human Rights in Romanov and Others v Russia and Lapunov v Russia. Romanov and Others v Russia concerned Russia’s failure to prevent and protect LGBTI community members from homophobic violence during peaceful demonstrations and ensure effective investigation. The applicant in Lapunov v Russia was one of the victims of the “anti-gay purges” that took place in Chechnya in 2016-2017, having been detained and tortured in March 2017.

According to ILGA-Europe’s Head of Litigation, Arpi Avetisyan, “These cases are of great significance for the recognition of the rights of LGBTI people that have suffered by inaction or actual infliction of violence by state agents.

“Importantly, the Court observed that even when investigations were initiated, the homophobic nature of the attacks was rejected by the authorities, therefore could not be considered as effective.”

The Court found that physical and phycological treatment suffered by Mr Lapunov in Chechnya amounted to discriminatory torture under the European Convention of Human Rights. Furthermore, the authorities failed to carry out effective and meaningful investigation to uncover violence based on sexual orientation, despite all the evidence provided.

Russian LGBTI organisations, who worked to support both cases before the Court, note that although Russia has left the Council of Europe and is not party to the European Convention since March 2016, it is unlikely to implement these judgments. They are however symbolically important for persecuted people in Russia, as they give hope and a sense of support from the international community. It is crucial that state-sponsored homophobia does not go unnoticed. 

Avetisyan concluded: “These cases are another affirmation by the Court on Council of Europe member state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence, and to ensure timely and effective investigations in such cases.”

ILGA-Europe expresses solidarity and stands with LGBTI organisations and communities in Kyrgyzstan as the country’s President signed into law a discriminatory provision banning dissemination of information about LGBTI people, rights, and identities among minors.

We firmly assert that this specific provision in the new legislation does not protect anybody; instead, it deprives LGBTI children from access to services and support that they need to thrive and puts them at risk of harassment, violence and a generally hostile environment. The damaging effects of similar Russian legislation on the lives of children, as well as on the lived realities of LGBTI people in general, are well-documented.

Information about LGBTI people and identities is listed in the new law on a par with violent or pornographic content, and the adoption and discussion of this law unfolded in parallel with smear campaigns against LGBTI organisations, activists, and communities in Kyrgyzstan. This confirms that the new law is a deliberate attempt to stigmatise LGBTI people and to fuse LGBTI people and identities with abuse of children and exposing children to harm.

Finally, just like previously in Russia, Poland and Hungary, this legislation comes along with other anti-democratic developments, such as the draft law on media and the attempts to outlaw foreign funding, and is a precursor of other attempts to limit the space of independent civil society and media. It sounds an alarm for the entire civil society in Kyrgyzstan and its partner and ally organisations and demands a united front across different parts of the country’s civil society as well as international supporters, funders, and allies.

Together with our members and partners, ILGA-Europe will continue to advocate for the rights of LGBTI people in Kyrgyzstan and will be rallying support and solidarity for LGBTI organisations and their allies in the country.

Now that LGBTI organisations in Kyrgyzstan need to take their time to assess the situation and plan ahead, we encourage all supporters and allies to not rush to action but follow the lead of the LGBTI organisations in the country. It is also a moment for all of us to consider where our positions and resources could be most helpful, immediately and in the long term. Be it documenting the effects of the law on the rights and freedoms of LGBTI people and their allies, advocating for its repeal, offering security support, building solidarity across the civil society, or otherwise supporting different communities to counter the gaps and risks created by this law.

Background

On 15 August, Kyrgyzstan enacted a new law that aims to restrict freedom of expression and access to information about LGBTI people, identities, rights, and lives.

Formally, the law seeks to ban dissemination of harmful information among minors, while labelling as harmful also information that “denounces family and traditional societal values, promotes non-traditional sexual relations and initiates disrespect towards parents or other family members.” This language echoes the ‘anti-propaganda’ laws that are in place in Russia and Hungary.

The law comes into force on 30 August, 15 days after its publication.

The official title of the law is “On introducing amendments to several legal acts of the Kyrgyz Republic”, and it amends the Code of Misdemeanors, the law “On measures to prevent harm to children’s health, physical, intellectual, mental, spiritual and moral development in the Kyrgyz Republic”, and the law “On Mass Media”.

Dissemination of “harmful information” will lead to fines of up to 5,000 soms (around 52 euro) for individuals, and up to 25,000 soms (around 260 euro) for legal entities.

This has been the third attempt to adopt a so-called ‘anti-propaganda’ law in Kyrgyzstan. The first two attempts in 2014 and 2015 did not succeed in writing discrimination against LGBTI people into law.

Attempts to target LGBTI people and the civil society in general are seen by activists in the country as attempts to distract public attention from major issues in Kyrgyzstan such as increasing electricity prices, shortage of irrigational water supplies due to drought across the country, and many other socio-economic problems that the Government of Kyrgyzstan has been struggling to address.

After a detailed recruitment process, the board of ILGA-Europe have announced the organisation’s new Executive Director.

The board of ILGA-Europe have announced that Chaber, a previous Executive Director of the Polish LGBT organisation, KPH (Campaign Against Homophobia), will step into the role from 1 October. They have also worked as ILGA-Europe’s Finance Director for the past five years. Their appointment to lead ILGA-Europe comes after a recruitment process that began in May of this year.

According to Co-chairs Natia Gvianishvili and Yves Aerts Jacobs, “During the recruitment process, the ILGA-Europe Executive Board had the luxury of having several strong candidates, whose time and commitment to the process we appreciate and are grateful for. 

“While the value-alignment and engagement with and care for the communities in Europe and Central Asia was something that the shortlisted candidates definitely had in common, Chaber stood out with their ability to be both visionary and practical in their approach. Chaber showed skills and experiences important for a strong leader and a strong manager. They showed the thinking and ability to navigate difficult political situations, that an organisation like ILGA-Europe might be, and has been, faced with, and proposed solutions that put the movements on the ground at the centre, respecting their safety, agency and integrity as well as being a strong advocate for better resourcing of their work.

“ILGA-Europe is an organisation that has been open to growth and change, but a lot more work needs to be done to support the under-resourced segments of our communities, finding new strategies, holding difficult conversations that will move our collective work forward. The next stages of our work will be outlined in our new Strategic Framework and our expectation is that Chaber, together with the amazing team at ILGA-Europe, will find meaningful and maybe even new and interesting ways of achieving the goals we and our membership set for the organisation.”

Speaking about their appointment, Chaber said, “I am deeply honoured to become the leader of an organisation that is so fundamental to the advancement of equality, freedom, strength and safety of LGBTI movements in Europe and Central Asia. Having been part of the ILGA-Europe team since 2018, and sat on its board for three years before that, I have a deep and nuanced understanding of our role working with and on behalf our 700-plus member organisations, and LGBTI activists across Europe and Central Asia.

‘The LGBTI movement and ILGA-Europe have been central to my life for over a decade, so my message to members as I look forward to becoming its new Executive Director is that of unwavering commitment – we will strengthen our bonds and adapt so we can seize all the moments and opportunities to come.

‘We are all navigating through time of turbulent and transformative change, marked both by the unique challenges and victories of LGBTI communities in the region and the remarkable growth of ILGA-Europe. We must further build our reach, impact and ability to drive change and amplify voices on a regional level, but we also must become surrounded by a diverse, vibrant and well-resourced movement able not only to withstand any opposition, but to adapt, work together, and through that forge sustainable progress. My goal for the coming years as ILGA-Europe’s Executive Director will be just that.”

Congratulating Chaber on their appointment, ILGA-Europe’s outgoing Executive Director, Evelyne Paradis said: “The world around us is in flux, and more than ever, ILGA-Europe’s role is to offer a steady point of reference for the movement as it continues to move forward. Activists also need the ILGA-Europe to be by their side and guide them as they navigate challenging times. In the next few years, the organisation will need to continue to grow, finding the balance between remaining solid and steady, and being dynamic and agile as the world around us changes so quickly.

“Chaber has truly unique combination skills:  strategic and creative thinking, capacity to bring people along, an enormous ability and dedication to learning, calm and grit, commitment to creating collective spaces that elevate everyone. Beyond everything else, they care so deeply. About activists, about their colleagues, about ILGA-Europe. It is with immense faith and serenity that I’ll be handing over the reins of ILGA-Europe to Chaber.”

The board’s co-chairs concluded: “We look forward as Chaber begins the interesting next chapter in ILGA-Europe’s life, building on legacy of Evelyne Paradis and taking the organisation forward, maintaining its strength and stability, and making its role as a pillar and voice for the movements in Europe and Central Asia even stronger.”

Register here to join us at 12:00 noon CEST, Tuesday 5 September for a Skills Boost session specifically designed for LGBTI activists to prepare for and be more confident in your media appearances.

The session will be beginner-friendly and focus on TV interviews (although most of the learning will be suitable for other public spokesperson scenarios), with examples and testimonies from LGBTI activists from across Europe and Central Asia, in particular:

• The strategy behind participating (or not) in TV interviews and preparing effective messaging.
• Technical tips on different types of TV interviews (live, pre-recorded, studio, online, etc) and what you might need to do differently.
• Dealing with difficult questions, and taking care of yourself/colleagues’ wellbeing.
• Those who do the preparation assignment will have a chance to face a personalised practice interview in a follow-up session on Tuesday 26 September.

The first session of media interview practice for LGBTI activists will take place at 12:00 noon CEST, Tuesday 5 September. Register at this link: https://ilga-europe-org.zoom.us/meeting/register/tZYlcuqgqj0jH9ZQXzRUIJ8g8g1dtrLnxXQa 

The second session of media interview practice for LGBTI activists will take place at 12:00 noon CEST, Tuesday 26 September. Register for the second session at this link: https://ilga-europe-org.zoom.us/meeting/register/tZYtce6oqDkjHdEsRtplFrRsi_hDFemq_iz4 

Alongside the Hungarian LGBT organisation Háttér Society, we have written to the President of the EU, Ursula von der Leyen, alerting her to the recent introduction of a new bill to further curtail the rights of transgender people in Hungary and of the intensification of the enforcement of the so-called “child protection law”. Read the letter below.

Dear President of the European Commission,

We are writing concerning the recent introduction of a new bill in the Hungarian Parliament to further curtail the rights of transgender people in Hungary and of the intensification of the enforcement of the so-called “child protection law”.

On July 13, 2023 two Members of Parliament from the FIDESZ and KDNP parties (both Ministers in the Cabinet of PM Orbán) submitted a new bill in Parliament^[1] to exclude trans women from accessing pension benefits available only for women. The bill was a direct response to a court case in which the Veszprém Regional Court ruled that a transgender woman who had her gender legally recognized in 2013 is to be entered into the pension registration system as a woman and shall be entitled to the “Women 40” pension benefit.^[2] The “Women 40” pension benefit was introduced in 2011, and allows women to retire after 40 years of employment even if they have not reached the general pension age. The court decision relied on a case of the Court of Justice of the European Union from 2006^[3] which found that a transgender women – who in accordance with the conditions laid down by national law – have undergone male-to-female gender reassignment are entitled to retire under the same conditions as women whose gender identity corresponds to their sex at birth. The European Court of Human Rights arrived at the same conclusion.^[4]

The new provisions proposed in the bill would apply to pending and repeat procedures as well. The explanatory memorandum of the bill is not only blatantly transphobic, but it distorts the text of the Fundamental Law to support the legislative agenda: it claims that the Fundamental Law mandates the registration of the sex at birth (or the so-called “biological sex”) only, whereas this rule is actually contained in the Act on Registry Procedures, not in the Fundamental law. It goes further, arguing that such solutions – i.e. that trans women enjoy the pension benefits reserved for women – would be unimaginable even in the most liberal countries.

The new legislation would apply only to a few trans women, since the Hungarian Parliament banned legal gender recognition for trans and intersex people in May 2020. A preliminary ruling was requested by a Hungarian judge on the compatibility of the resulting lack of legal gender recognition with GDPR, the court case is currently pending.^[5]

The Hungarian Parliament is again reacting with brute force to a court decision that goes against their ideological narrative: instead of simply complying with it, the Parliament overrides the judgment of a court by passing amendments that will close the path for similar future decisions. This reactionary law-making defeats the principle of separation powers, and seriously violates the rule of law and the standards deriving from it. Furthermore, the new provision applies to trans women who had their gender legally recognized years, even decades ago in any future pension procedures, as well as in any pension procedures currently pending or being repeated due to court decisions. This is retroactive legislation which also violates the rule of law. The bill would not only go against international human rights standards, but is a clear violation of the case law of the Court of Justice of the European Union.

We ask the Commission to call the attention of the Hungarian Government to the uncontested case law of the Court of Justice of the European Union, and warn the Hungarian Government that the adoption of such a legislation would have serious consequences with regards to the Commission’s assessment of the Government’s commitment to improve the rule of law in Hungary. We also ask the Commission to closely monitor the Parliamentary debate of the legislation, and in case the legislation is adopted, initiate promptly an infringement procedure.

We would also like to call your attention to the intensification of the enforcement of the so-called “child protection law”^[6] in recent months. Act no. LXXIX of 2021 amended several legislations with provisions to ban access of minors to content that “propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality”. Its implementing legislation^[7] was also amended to require that “products intended for children that (…) propagate or portray divergence from self-identity corresponding to sex at birth, sex change or homosexuality shall be only sold separately from other products only in closed packaging.” The Commission launched an infringement procedure concerning the legislation; the case is currently pending before the Court of Justice of the European Union.^[8]

In response to a freedom of information request, the Budapest Government County Office informed Háttér Society in February 2023 that there are 14 investigations pending regarding the enforcement of the above legislations.^[9] Based on media information, Libri-Bookline Zrt. was fined for 1 million HUF (c. 2,700 EUR), and on July 13, 2023 LÍRA Kiskereskedelmi Kft. was fined for 12 million HUF (c. 32,000 EUR).^[10] It is worth noting that Libri-Bookline Zrt. has recently been bought by Mathias Corvinus Collegium, a pro-government educational institution operating as a public interest asset management foundation receiving hundreds of billions of HUFs of public funding. Its president is Balázs Orbán, Political Director of PM Orbán. LÍRA Kft., which received a fine 12 times as high, is an independent chain of bookshops, whose leaders strongly criticized the adoption of the so-called “child protection law”. The imposition of such high fines runs the risk of bankrupting bookshops already under immense market pressure from a government-backed competitor. In the specific case concerning LÍRA Kft. the fine amounts to 56% of the company’s 2022 annual profit after taxation.

The intensified enforcement of the legislation is not limited to commercial activities, but is observable in the field of the media as well. Háttér Society is aware of at least 16 cases where the Media Council reached out to media authorities in other Member States concerning content that portrayed same-sex couples or transgender persons. Furthermore, upon request from the broadcaster M-RTL Zrt., the Media Council decided that a 30 second animated spot of the Budapest Pride Festival cannot be aired as social service advertisement as a substantial part of the spot features a lesbian couple, and thus depicts and propagates homosexuality. A regularly updated report about the enforcement of the so-called “child protection law” is available on the website of Háttér Society. Háttér Society is happy to provide access to English translation of the relevant decisions.

We ask the Commission to continue closely monitoring the enforcement of the legislation, apply for an interim measure at the Court to suspend the enforcement of the law, clarify with the Hungarian government that the not only the so-called “child protection” law, but also its implementing government decree violates the Charter horizontal enabling conditions, and increase the rate of funding withheld with reference to these legal developments.

We look forward to hearing from you. Sincerely,

Evelyne Paradis, Executive Director, ILGA-Europe

Hella Zsirka, Executive Board Member, Háttér Society

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^[1] Bill no. T/4659

^[2] Case no. 101.K.701.331/2022/7.

^[3] Sarah Margaret Richards v Secretary of State for Work and Pensions, Case no. C-423/04. The case is founded on the interpretation of Article 4(1) of Council Directive 79/7/EEC of 19 December 1978.

^[4] Christine Goodwin v. the United Kingdom, Application no. 28957/95.

^[5] Deldits-case, Case no. C-247/23

^[6] Act no. LXXIX of 2021

^[7] Government Decree 210/2009. (IX.29.) on the conditions governing commercial activities

^[8] Case no. 769/22

^[9] Letter no. BP/2200/01194-2/2023

^[10] Decision no. BP/2200/03940-5/2023

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ILGA-Europe issue this public statement to express our support to and solidarity with trans and gender diverse people in Russia in the light of the recent legislative developments that severely infringe upon their human rights.

A proposed bill, passed in the third reading at the Russian Duma on July 14[1], introduces a comprehensive ban on trans-specific healthcare and legal gender recognition, effectively limiting individuals’ autonomy over their own bodies and identities.

We firmly assert that such legislation flagrantly violates fundamental human rights standards and principles.

ILGA-Europe firmly believe in the inherent dignity and equal rights of all individuals, regardless of their gender identity or expression. International human rights standards, including the Universal Declaration of Human Rights, emphasise that everyone has the right to self-determination, privacy, and the highest attainable standard of physical and mental health. Denying trans and gender diverse individuals access to trans-specific healthcare and legal gender recognition blatantly disregards the international human rights framework.

We stand in solidarity with the trans and gender diverse community in Russia, whose rights and wellbeing are under attack. The denial of trans-specific healthcare, including hormone therapy and surgeries, not only disregards the human rights of trans and gender diverse people but also perpetuates discrimination, stigmatisation, and marginalisation. It is essential to recognise that trans-specific healthcare is a critical component of comprehensive healthcare, promoting the well-being, mental health, and social integration of trans and gender diverse people.

Furthermore, the bill invalidates all certificates of legal gender recognition for individuals who have undergone transition-related surgery but not yet changed the gender marker in their passport. This is a violation of their right to privacy, places trans people in legal limbo, and creates unnecessary burdens on trans people, forcing them to disclose their private and medical history and exposing them to discrimination, harassment and violence.

Additionally, the prohibition on adoption and guardianship for trans and gender diverse people is a denial of their right to form a family and care for children in need. This discriminatory provision perpetuates harmful stereotypes and prejudices against trans and gender diverse parents.

This bill not only violates the rights of trans and gender-diverse people but also raises concerns about the wellbeing and bodily autonomy of intersex children and people, particularly in relation to intersex genital mutilation. International human rights bodies have repeatedly classified non-vital or cosmetic medical interventions against intersex infants and children without the child’s full personal, informed consent, otherwise known as “intersex genital mutilation” or “IGM”, as constituting cruel, inhuman, or degrading treatment or harmful practices. These practices violate the principles of bodily autonomy, non-discrimination, and the best interests of the child. They have been recognised as human rights violations that require urgent action and protection for intersex people. 

The bill will now be voted in the Federation Council on July 19 and then needs to be signed by the President to come into force.

We stand united and in solidarity with our allies and partner organisations in demanding justice, equality, and dignity for trans, gender-diverse and intersex people in Russia. We will continue to advocate tirelessly for the full recognition of their human rights, including bodily autonomy, access to comprehensive healthcare, legal gender recognition based on self-determination, and the right to form families of trans and gender diverse people in Russia.

---

[1] http://duma.gov.ru/news/57524/

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Have a look at ILGA-Europe’s zine of ‘speculative futures’ interviews, set in the year 2040, with powerful LGBTI activists from across the region.

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.

In a ruling released today, the European Court of Human Rights (ECHR) found that Romania violated Article 8 (right to respect for private and family right) of the European Convention on Human Rights.

21 same-sex couples lodged over two dozen complaints to the ECHR between 2019 and 2020 arguing that, because Romania does not recognise any type of same-sex union, it was impossible for them to legally safeguard their relationships. The couples, born between 1967 and 1996, were all of Romanian nationality and currently live in various parts of the country.

The couples turned to the European court since local authorities had refused their demands. After living together for different lengths of time, the couples gave notice to the local registry offices of their intention to marry. All requests were rejected because according to the Romanian Civil code “marriage is concluded between a man and a woman” and same-sex marriage is prohibited.

In its ruling, the ECHR reiterated that Council of Europe member states are required to provide a legal framework that protects and recognises same-sex relationships. It also referred to a previous judgment Fedotova and Others  v. Russia and remarked that states have some discretion on the form of recognition.

The court concluded its decision by noting that “none of the arguments put forward by the [Romanian] Government to justify the restriction on legal unions to heterosexual marriage could outweigh the applicants’ interest in having their relationships recognised.”

The 21 couples had declared that they were unable to access numerous rights available for married couples such as protections in property or inheritance, and other obstacles all same-sex couples in Romania face. ILGA-Europe provided third-party submissions jointly with FIDH, NELFA and ECSOL.

This May, Romania, ranked 41^st on ILGA-Europe’s annual Rainbow Map and Index. Close to its fifth anniversary, Romania has not yet implemented the landmark judgment issued by the CJEU recognising the freedom of movement of same-sex spouses in the EU.

What is this programme about and why are we launching it?

ILGA-Europe invites applications from LGBTI organisations and groups in Poland that see a concrete opportunity to propel their agendas and the work of the LGBTI movement in the country, and have a clear practical idea how to seize this opportunity but have been lacking dedicated resources and support to take action.

LGBTI rights and the situation of the LGBTI movement and community in Poland have been a matter of concern in recent times. The rise of anti-LGBTI forces and growing anti-democratic sentiments have created a climate of conflict and uncertainty, with a significant impact on the state of LGBTI rights and organising in Europe and Central Asia. The ongoing war in Ukraine has further complicated the situation, posing new challenges and threats to the LGBTI community in the region.

We believe that even in the most difficult contexts, there are still opportunities to make positive change – only that change might look different. For example, maybe you identified and established communication with someone involved with your local authorities but you lack dedicated resources to pursue this further; maybe a recent or upcoming event creates an opportunity to mobilise allies or join forces with other movements; or perhaps there is momentum in the community that can be seized to implement a solid strategy to grow the movement.

With this programme, we hope to give organisations the tools and support they need to seize the windows of opportunity they see and to pursue their goals effectively.

We will bring together six LGBTI organisations and groups in Poland with focused, opportunity-based change projects over a period of 18 months and will support their work through a combination of project funding, coordination and learning.

This call for applications is part of a bigger programme that ILGA-Europe launched earlier this year. This programme aims to support and lift up the work of LGBTI organisations that pursue change in hostile and/or rapidly changing environments and focuses on six countries in Central and Eastern Europe, including Poland.

It builds up on the long-term commitment and work of ILGA-Europe to support the parts of our movement operating in high-risk and challenging contexts. Where relevant, we will support connections, mutual support and learning between partner organisations across different countries participating in this programme.

We expect that the strategies and tactics explored by partners in this programme will in the future support and inform the work of the wider LGBTI movement in Europe and Central Asia in navigating challenging and high-risk environments while staying true to our missions.

What is the aim of the programme?

The programme is aimed at:

• Enabling focused, concrete and practical change initiatives that will advance the LGBTI equality agenda and movement in Poland
• Strengthening connections and mutual support and learning between LGBTI organisations working in high-risk, challenging or rapidly changing contexts

What does the programme entail?

The programme includes:

• Funding to LGBTI organisations in Poland based on an opportunity funding framework: we expect to make six grants to LGBTI organisations of 18,000 Euro each for a duration of 18 months in the fixed period of 1 September, 2023 – 28 February, 2025
• Learning, coordination and other capacity development activities to support partner organisations in pursuing their goals
• Sub-regional and regional experience sharing to amplify relevant experiences across the wider movement and to facilitate mutual support, where relevant

Who is this programme for?

This programme is for any LGBTI group or organisation in Poland that:

• Is connected to the LGBTI community and the rest of the LGBTI movement in Poland,
• Has identified concrete and practical opportunities to create change in the current context
• Has a clear idea how to address this opportunity but has been lacking support and resources to implement this vision

What can be supported?

This programme is not restricted to specific thematic priorities or types of strategies and activities; we want to offer support to issues, strategies and activities that Polish organisations themselves see as the most important and impactful right now.

Organisations can apply based on the thematic priorities, agendas, and needs that are relevant to them and their context, while situating the work and outcomes supported by the grant in the following framework consisting of five strategic directions:

1. Empowered and inclusive LGBTI communities
2. Strong, resourced, skilled, accountable and sustainable LGBTI organisations
3. Social acceptance and inclusion of diversity related to sexual orientation, gender identity, gender expression and sex characteristics in societies
4. A legal and policy framework which protects and promotes human rights and equality of LGBTI persons at local and national levels
5. Fair, just and equal societies and economies

When applying, you will need to indicate the strategic direction(s) that your work will contribute to.For further information about these strategic directions, please see ILGA-Europe’s Strategic Framework.

The programme can support a wide range of strategies and activities, including advocacy, campaigning, alliance-building, movement development and (informal) education.

The key considerations in selecting partners in the programme will be:

• Whether the proposed project is based on a strong and insightful analysis of an opportunity to advance the movement’s agenda right now
• Whether the proposed project offers a clear action plan and convincing vision of change, rooted in the wider context in the country and LGBTI movement’s work
• Whether the organisation has knowledge and capacity to bring this vision and plan into action

How to apply?

• To apply please submit your application and budget by Sunday, 25 June 2023, 23:59 (CEST/ Brussels)
• Applications are to be sent to both ruslana@ilga-europe.org and seka@ilga-europe.org
• Please use the application form and budget template for this call, both available below
• We expect to inform all applicants about the outcomes of the call during the first week of August
• We expect the projects to start on 1 September, 2023 and be completed by 28 February, 2025. Final reports will be due on 31 March, 2025

How will we be working together?

• This programme is designed as a close cooperation between ILGA-Europe and grantee partners that combines funding with learning, coordination and capacity development activities.

• Learning, coordination and capacity development activities are an integral part of the programme, which relies on active participation of partners in both planning and implementation. It will be designed by ILGA-Europe in consultation with grantee partners to direct this support where it is most needed. We will rely on grantee partners to inform this work and to show initiative in identifying relevant interest and needs of their organisations.

• During the programme, we will be regularly in touch through quarterly calls. These conversations are to discuss your work, project progress, opportunities, threats, learning and other support ideas and needs, and the state of expenditures, as well as for us to discuss our updates and plans with you. These conversations are also important for us as an opportunity to learn from the experience of our grantee partners and to timely identify important connections to the work and realities of others in the broader LGBTI movement.

• We also hope that partners will be open to contributing to regional and sub-regional learning and coordination spaces, where relevant, so that diverse strategies and experiences are amplified and feed into the work of the wider movement.

• You will need to report on the grant twice: interim narrative and financial reports halfway through the project and final narrative and financial reports one month after project completion.

Financial management of the grant

• This is a project grant. Only the costs that are linked to the implementation of the goals and activities of the call and your approved project are eligible. The grant needs to be spent and the costs need to be incurred in the project period, i.e. 1 September 2023 – 28 February, 2025. All costs need to be documented (contracts, payslips, timesheets, invoices, proofs of payment and similar documents).

• To manage this grant, your organisation needs to have an accounting and financial management system in place that allows to track income and expenditures per project/ funder. You will be asked to report in Excel and support your expenditures with records: contracts, procurement documents, invoices, timesheets, proof of payment, documentation of exchange rates.

• This funding is sourced from the EVZ Foundation and the Global Equality Fund, so your expenses and overall financial management system will need to be compliant with the source funders’ regulations. ILGA-Europe will provide clear guidance on how to ensure this.

• You will need to track your costs on a regular basis, and be able to generate the following information and reporting on your grant’s finances:
  • During quarterly calls we will discuss the state of your expenditures
  • Interim financial reporting will occur halfway through the project.  The interim financial report will be an Excel sheet with a list of expenses and the supporting documentation for these expenditures.
  • Final financial reporting will occur at the end of the project period. You will have to have spent 100% of that year’s budget, submit the list of expenditures and the supporting documentation for all the expenses.

ANY QUESTIONS?

All answers were returned via email and are published on this page, in order to support equal access to information among all applicants.

First session

This will be a beginner-friendly 60-minute session focusing on creating simple graphics using data from the freshly launched ILGA-Europe 2023 Rainbow Map and Index. You will:

• Get inspiration from other data visualisations and designers on LGBTI issues
• Be introduced to the new 2023 Rainbow Map & Index and how to find a story relevant to your work among the data
• Receive templates and a step-by-step demonstration of how to create a graphic using the free design tool Canva.
• Have a chance to submit your own draft graphic and get personalised feedback at a follow-up session

Join our next Skills Boost about data visualisation for LGBTI communication on Thursday 25 May, 12 noon CEST by registering here.

second session

At the second session on data visualisation, you can receive individual feedback to every exercise sent to sho@ilga-europe.org before 5 June. There will be more time for questions, discussions and peer-learning, so join us even if you are not doing “homework”.

Exercise: In the end of the previous session, we asked you to create a draft data graphic for yourself and send to sho@ilga-europe.org by Monday, 5 June. Please send high-resolution original version (if you use Canva, you can send a ‘collaboration link’ so we can directly suggest edits).

Tell us in the email (very briefly):

• What story you want to tell/point you want to make with it
• If there is more you would like to improve about it with our help
• Permission for ILGA-Europe to share it on our social media channels (when it is ready)

Join the session on Tuesday 6 June, 12 noon CEST by registering here.