Disaggregated data, which can look deeply into the lived experiences of marginalised people, is a key demand of LGBTI and other human rights groups. With this in mind, over the last year ILGA-Europe have been partnering with a variety of NGOs in the region to analyse the FRA 2019 LGBTI Survey II data and pull out experiences of those experiencing intersectional marginalisation. This work is based on analysis co-commissioned by ILGA-Europe and TGEU.

Over the coming months, watch this space for in-depth briefings on youth, intersex people, religious and ethnic minorities, older LGBTI people, trans people, and others.

This, our briefing on Lesbians was carried out alongside the EuroCentralAsian Lesbian Community EL*C.

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

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

The 2022 Rainbow Europe Map finds that over the past 12 months a new dynamic has appeared to fill in the gaps that exist around LGBTI rights and push standards, giving governments ground to build upon as democracy in Europe faces exceptional challenges.

This year we observe positive movement on the Rainbow Map and Index, notably:

• Denmark has jumped seven places to achieve second spot in the 2022 ranking. The reason for Denmark’s jump is that it is taking the lead in filling in anti-discrimination gaps in current legislation, including the equal treatment law, which covers health, education, employment, goods and services, and the penal code to include sexual orientation, gender identity, gender expression and sex characteristics as aggravating factors in hate crime.
• More countries are pushing forward for equality by giving due recognition and protection for people’s lived realities. Iceland was awarded points because of its legislative recognition of trans parenthood, among other things, while Germany introduced a ban on intersex genital mutilation and France banned so-called ‘conversion therapy’ based on sexual orientation and gender identity.
• After years of being stalled there is positive legislative movement in Greece, Latvia, Lithuania, Serbia, Slovakia, and Slovenia, countering the narrative that there is an East/West divide on LGBTI rights in Europe, providing governments in these countries with strong opportunities to underpin democracy through adoption and implementation.

Unfortunately, it’s not all good news:

• The United Kingdom has suffered a significant drop in ranking, going from 10th to 14th place, losing points as evidence was brought forward this year that the equality body is not, as set out in its mandate, effectively protecting on the grounds of sexual orientation and gender identity. This comes at a time of widespread political and media anti-trans sentiment, while the British government is not moving on long-promised reforms on gender recognition and banning so-called ‘conversion therapy’ for all.
• Amid a rise in official anti-LGBTI sentiment in Bulgaria and Romania, both countries are now not far off the lowest ranking in the EU, which currently belongs to Poland. Romania is losing points due to authorities’ obstruction of freedom of assembly by banning and punishing Pride events. Meanwhile, Hungary moved down three places, mainly because its parliament adopted a number of amendments which directly discriminate against LGBTI people, including a ban on the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” for persons under 18.
• There remains significant gaps in terms of fundamental protection against discrimination and violence in nearly half of the countries. Currently, 20 countries out of 49 still have no protection against hate crime based on sexual orientation, while 28 countries have no protection against violence based on gender identity. 

Executive Summary

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

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

In order to create our country ranking, ILGA-Europe examine the laws and policies in 49 countries using a set of criteria. From May 2022, the number of individual criteria used has risen to 74, divided between seven thematic categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition; intersex bodily integrity; civil society space; and asylum. More information on the list of criteria and their weight on the total score can be found at www.rainbow-europe.org/about 

The 2022 Rainbow Europe also tells the story of an evolving movement. The 14th edition of the Index introduces a brand-new category: “Intersex bodily integrity” and changes in the weight given to different issues it captures. The message is clear: for our movement in Europe, equality and non-discrimination laws, legal gender recognition, bodily integrity, protection from hatred and violence, family rights, and protection of asylum seekers are all interconnected and equally essential for the full enjoyment of human rights for LGBTI people.

Alterations to our criteria make year-on-year comparisons difficult, but certain lessons are clear – countries that are expanding their legislative horizons are moving up in the ranking.

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

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

For the seventh year in a row, Malta continues to occupy the number one spot on the Rainbow Europe Map, with a score of 92%.

With 74 points, Denmark now occupies second place – this is a rise of seven places, mainly fuelled by the amendments to its hate crime and equal treatment legislations. 

Belgium comes third place with a score of 72%.

The three countries at the other end of the Rainbow Europe scale are Azerbaijan (2%), Turkey (4%), and Armenia (8%), exactly the same as the last two years.

The United Kingdom is the country with the most dramatic drop in its score, losing 11% points in relation to the equality body mandate’s ineffective and non-systematic work on sexual orientation and gender identity and equality action plan not being renewed or implemented.

Portugal has also dropped by 5% points due to the expiration of the government’s action plan.

Denmark, Iceland, France, Greece, and Latvia are the countries with the biggest jump in scores. Iceland amended its children’s law to allow gender-neutral registration for parents, a step that recognises trans parenthood. Iceland also received points in relation to ILGA-Europe’s new category “intersex bodily integrity.” 

France improved its implementation of the equality action plan, passed a ban on conversion therapies, lifted bans on blood donation, and adopted a law on medically assisted insemination. Greece also lifted bans on blood donations and adopted a new equality action plan. Latvia amended its criminal code in a way that the courts apllies it to protect sexual oreintation as an aggravating factor. 

It goes without saying, that even without the perturbations of COVID-19, both financial and organisational, the year was a period of complex work to secure diverse funding required to cover the work carried out throughout the region. With several grants coming to an end both in 2020 and 2021, including some being the sole sources of funding for important elements of ILGA-Europe’s workplan, extreme efforts were put in since the beginning of the pandemic to mobilise sufficient funding for the growing and diversifying needs of the LGBTI movement in Europe and Central Asia.

The ongoing crisis in Ukraine has resulted in need for immediate action to address the needs both of a significant population of Ukrainians fleeing the fighting as well as for those who are staying in Ukraine. Within both of these populations, trans and intersex people can be found, and their unique healthcare needs must be taken into account in the humanitarian responses. The purpose of this briefing is to describe the medical needs most common among trans and intersex people, including the medications that they will need, and to document emerging issues in Ukraine and surrounding countries on these issues.

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

The ongoing war in Ukraine has resulted in need for immediate action to address the needs both of a significant population of Ukrainians fleeing the armed conflict as well as for those who are staying in Ukraine.

LGBTI people are often amongst vulnerable groups in crisis situations and specific attention is needed to ensure that they have the same opportunities and support as other forcibly displaced persons, to exercise the full range of their human rights without discrimination, including access to asylum procedures and humanitarian programmes.

The purpose of this briefing is to describe specific needs of LGBTI people, who remain in Ukraine and who are on the move and LGBTI human rights defenders and organisations.

LGBTI Enlargement Review 2021

Even with the rise of Euroscepticism in the Western Balkans and Turkey, the EU accession process continues to be a driving force for change in the recognition of the human rights of LGBTI+ people. The annual enlargement report process is a key moment to remind governments of the criteria that need to be met and point out where advancement, especially regarding the protection of LGBTI people, is still falling behind the requirements. The recommendations regarding the human rights of LGBTI+ people are key tools supporting LGBTI+ organisations in the region to engage with their governments and hold them accountable to the commitments made.

To ensure an accurate representation of the developments regarding the human rights of LGBTI+ people, ILGA-Europe and ERA, together with member organisations in EU enlargement countries, have compiled this submission to the Progress Reports of the European Commission.

This report reflects developments in recognising and respecting the human rights of LGBTI+ people in each enlargement country from January to December 2021. In addition to outlining key developments and challenges on the road to LGBTI equality, the report also highlights gaps in legislation and policy for the protection and advancing of the human rights of LGBTI+ people and the priorities which authorities in each country should tackle in the coming year, as identified by LGBTI+ activists in the respective countries.

ILGA-Europe has in partnership with national organisations provided the European Commission with detailed documentation on human rights violations against LGBTI people in all candidate and potential candidate countries throughout the year which is included in the submissions to the Progress Reports.

2023

2021

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

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

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

Expert contributions were provided by organisations PROUD (Czech Republic), LGBT komiteen (Denmark), Inter-LGBT (France), Háttér Társaság (Hungary), KPH & Atlas of Hate (Poland), ACCEPT (Romania), and Legebrita (Slovenia).

The developments encompassed in the submission point to systematic attacks on the fundamental rights of LGBTI people enabled by the weakening of rule of law and democratic structures. We have not included all fundamental rights violations against LGBTI people, or all restrictions experienced by LGBTI civil society in the respective countries, only those which are relevant to the respective headings of the consultation, where there is a clear link to rule of law.

Notably the submission covers the following topics:

• Political interference or bias in court cases related to LGBTI rights, in particular where independence of the judiciary is under attack;
• Anti-LGBTI bias, smear campaigns and censorship of LGBTI content, in particular where media freedom is under attack;
• Funding restrictions or discriminatory distribution of public or EU funds, affecting LGBTI organisations;
• Arbitrary application of Covid-19 regulations to attempt to restrict the freedom of assembly of LGBTI people;
• Covid-19 emergency measures affecting the process of preparing and enacting laws (exclusion of LGBTI CSOs in consultation phases or even fast-track adoption of legislation directly attacking LGBTI people);
• Non-implementation of CJEU or ECtHR judgements which would improve the lives of LGBTI people;
• Judicial harassment of LGBTI activists (in particular SLAPPs);
• Insufficient follow-up of anti-LGBTI hate crime cases;
• Anti-LGBTI discriminatory speech from political and religious leaders affecting public perception of LGBTI CSOs and creating an unsafe climate for LGBTI human rights defenders (in some cases leading to attacks on CSO offices, employees and volunteers).

In the financial year 2021 ILGA-Europe obtained and recognised €3,322,339 in revenues, which is approximately a 6% increase from the 2020 revenues. The share of unrestricted funding increased significantly over the past years (reaching over €500k in 2021), while the amount of available core funds was increased or at least maintained through the period. The European Commission operating grant remained at just under €1.2M (incl. 20% co-funding) – slightly less resources were used in 2020 due to COVID-19. The share of project funding, while still high (over €1.3M in 2021), was decreased by over 15% in terms of budget share, allowing for the work to be more tailored and responsive to needs, and for resources to be allocated more flexibly to emerging trends and activities, especially in re-granting.

The total of expenditures registered in financial year 2021 amounted to €3,152,160, outlined in the chart below.

The most significant cost category was ILGA-Europe’s re-granting. Overall, 60 new grants were awarded in 2021, for a total amount of €749,885. While these figures are lower than the new grants issued in 2020, the total number and value of active grants that ILGA-Europe managed within the year 2021 was significantly higher – 139 (for a total of €1,742,102), compared to 115 (for a total of €1,377,403) in 2020. What is important to note, is that as of 2020, when ILGA-Europe began raising sufficient amounts of unrestricted donations and sponsorships to cover activity costs beyond standard budget and co-funding gaps, our own funds have been allocated to re-granting in order to widen the scope of organisations funded. In 2021, nearly €200,000 of our donation funds were used for supporting subgrantees – that is over 25% of our total re-granting budget for the year.

The independent audit of the year was carried out in January 2022 and found no issues. A year-end result of €170,180 was recognised, primarily sourced from unrestricted funds and extraordinary income. With this, ILGA-Europe’s reserves stand at €428,476.

The first ever EU LGBTIQ Equality Strategy, adopted in November 2020, is a major step in the EU’s overall commitment and detailed efforts to ensure the fundamental rights of LGBTIQ people and fight discrimination. Many people welcomed the strategy, including ILGA-Europe, who noted in their press release that it marks a ‘qualitative shift from the European Commission towards playing its full role to defend and protect LGBTI rights in times of real backlash’.

It is an important part of the Union of Equality, set out by European Commission President Ursula von der Leyen. The strategies and structures put in place in the 2019-2024 European Commission to mainstream equality and tackle discrimination and inequality are key, not least in a time when the Covid-19 pandemic has further shed light on poverty and exclusion across the EU, and inequalities have been exacerbated.

With this briefing, ILGA-Europe wants to set out five key points that have become clear in the first year of implementation of the EU LGBTIQ Equality Strategy. We have collected feedback from LGBTI organisations and activists from across Europe and organised a dedicated call to discuss our respective assessment of the first year of implementation with key European LGBTI networks, such as TGEU, OII Europe, IGLYO, and EL*C. In addition, the assessment was discussed in a meeting with DG Justice in September 2021 and the key points where shared following the meeting.

Over the past number of years, LGBTI people have come under increasing attack from ruling politicians, religious leaders and other public figures in Poland. This has come in the form of dangerous and false framing of LGBTI people as a threat to children, and as a threat to Christianity.

We have created and will be updating this abbreviated timeline of what’s been happening over the past two years with the rise of official homophobia and transphobia.

In March 2021, a coalition of European networks working on LGBTI rights and including ILGA-Europe, EL*C, TGEU, OII Europe and EGLSF submitted to the Parliamentary Assembly of the Council of Europe a briefing note on violence and discrimination against LBTI women in sport.

Priorities and access to resources

ILGA-Europe wanted to learn more about the LGBTI movements’ priorities in the rapidly-changing political, social and cultural environment we all find ourselves in. We were particularly curious to understand more about how your work is being resourced.

The Funding for LGBTI Activism report distils the survey responses of 287 LGBTI organisations into one publication, written by Erin Howe and Somjen Frazer from Strength in Numbers for ILGA-Europe.

Put simply, this report shows where funding is needed and signposts ways for funders to fund LGBTI activists in an ever-more strategic and sustainable way.

The 2021 Rainbow Europe Map reveals widespread and almost complete stagnation on human rights of LGBTI people.

Among the key findings from this year’s Rainbow Europe are:

• Against a background of hardly any positive change at all, countries such as Albania, Finland and Portugal have moved up in the ranking, but only because of very small changes implemented.
• Despite clear commitments on rainbow family recognition, not one country has moved on partnership or parenthood recognition.
• After reporting positive changes in bodily integrity or legal gender recognition for many years, there is no change this year for intersex and trans rights apart from Iceland.
• On a positive note, some countries (Bosnia and Herzegovina, North Macedonia) now have points on freedom of assembly, reflecting improvements of safety for public LGBTI events.
• For the sixth year in a row, Malta continues to occupy the number one spot on the Rainbow Europe Map, while Belgium comes second place for the fourth time, and Luxembourg occupies the third spot on the ranking for the third year in a row. 
• The three countries at the bottom end of the Rainbow Europe Map are Azerbaijan, Turkey, and Armenia, exactly the same as last year. 
• For the second year in a row, Poland continues to occupy the lowest ranking in the EU.
• Ukraine has gone down four places from 36 to 40, due to the expiration of its government’s action plan, while Georgia has gone down two places, from 30 to 32, due to the lack of clear procedure for legal gender recognition and the risky situation of LGBTI human rights defenders in the country.
• Malta, North Macedonia, and Bosnia & Herzegovina are the three countries with the biggest jump in scores. Malta added sex characteristics under protected grounds in the Refugees Act and published new policy guidelines for LGBTI asylum claims, while in both North Macedonia and Bosnia & Herzegovina freedom of assembly has been improving. 

Executive Summary

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

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

In order to create our country ranking, ILGA-Europe examine the laws and policies in 49 countries using a set of criteria. From May 2021, the number of individual criteria used has risen to 71, divided between six thematic categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition and bodily integrity; civil society space; and asylum. More information on the list of criteria and their weight on the total score can be found at www.rainbow-europe.org/about 

Rainbow Europe 2021 categories and the percentage ‘weight’ assigned to them remain exactly the same as the 2020 version. ILGA-Europe started assessing two new indicators: “Non-binary recognition” and “Legal gender recognition procedures exist for minors”. They are included under the category of legal gender recognition and bodily integrity; and the percentage ‘weight’ has been altered to accommodate these two new criteria.

Alterations to our criteria make year-on-year comparisons difficult, but certain lessons are clear – countries that are expanding their legislative horizons are moving up in the ranking.

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

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

In April 2021, ILGA-Europe in association with the LGBTIQ Youth Homelessness organisation True Colors United, and the Silberman Center for Sexuality and Gender (SCSG) at Hunter College published a report based on a survey exploring the experiences of LGBTIQ focused organisations in Europe in working on the issue of LGBTI youth homelessness. It points to a large prevalence of LGBTI youth homelessness across Europe, with over 60% of LGBTIQ organisations surveyed saying they have worked with young people who have experienced homelessness.

A comparative report from European Federation of National Organisations Working with the Homeless (FEANTSA) also finds that over 60% of homeless services organisations have dealt with young LGBTIQ people experiencing homelessness but often without any training or support. Nearly three-quarters (72%) of respondents indicated that no national policy exists specifically addressing the issue of LGBTI youth homelessness and over half of respondents (59%) reported a lack of governmental support for programmes that focus on LGBTI youth homelessness, including nearly half (47%) reporting a lack of funding support for such programmes.