The 2018 Rainbow Europe package, launched by ILGA-Europe today, provides real evidence that progress on LGBTI equality law and policy is slowing down in Europe.

The 2018 Rainbow Europe Map and Index reveal that fewer countries are moving up the country ranking; many are stagnating, including countries that are traditionally perceived as equality ‘frontrunners’. ILGA-Europe’s annual benchmarking tool, which ranks 49 countries in Europe on their LGBTI equality laws and policies, reveals a region where advances are not being made at the rate they once were. This lack of sustained progress on LGBTI equality issues should set off alarm bells for policymakers and advocates alike.

“Against a backdrop of backlash on human rights across Europe, how can states possibly think the work on LGBTI equality is finished?” said ILGA-Europe Executive Director Evelyne Paradis. “The incredible achievements of the past decade are at stake. Let’s not make the mistake of thinking that we have achieved equality. There are too many signs that trends like populism and nationalism aren’t political buzzwords – they can have a lasting impact on the lives of LGBTI people in Europe.  There are too many signs around us that many of the recent wins are fragile. So let me say it again – we are nowhere near done.”

Unveiled in Lisbon this morning at an intergovernmental Forum in front of high-level government officials, the Rainbow Europe Map is a stark reminder for national governments and European institutions of how easy it is for complacency to set when it comes to enshrining rights firmly in law. Indeed, while Malta continues to feature at number one spot, other countries that are typically viewed as progressive are not among the Map’s frontrunners – including the Netherlands, who have actually dropped outside the Rainbow Europe top 10.

For ILGA-Europe, this stagnation is a worrying picture considering the current political climate of rising levels of populism, nationalism and civil society scapegoating, which have a particularly high negative impact on more vulnerable groups, like LGBTI people.

Joyce Hamilton, co-chair of ILGA-Europe’s Executive Board commented:  “Our communities unfortunately know all too well how vulnerable we are to undemocratic tendencies. Law and policies are often the last line of defence for LGBTI people so that is why we insist on making sure our countries’ legislation explicitly protects our human rights.

And this goes for everyone within our communities – ensuring full equality for LGBTI people has never and will not stop at marriage equality!  All governments in Europe have to pick up the pace, stick to their commitments and make legal protection a reality for all LGBTI people, particularly trans and intersex people.”

To the politicians in countries with consistently poor Rainbow Europe records and who claim LGBTI equality issues aren’t a priority, ILGA-Europe and our members stand firm:

 “Avoiding your responsibility to work for LGBTI equality is not an option for any political leader or government official in 2018. Now is the time for them to show leadership by fully backing policies that make equality an everyday reality for the people they serve. Across Europe, the only way for policymakers to protect the great LGBTI equality advances of the last two decades is to build on them and commit necessary resources to ensure that the everyday life for LGBTI people is transformed for the better. I

LGA-Europe’s Rainbow Europe package gives policymakers (at every level of the country ranking) very concrete recommendations for where they can start to legislate and make a real impact – and our member organisations throughout the region have even more suggestions. We have all worked hard together for these advances. It’s time now to push hard to make them real for LGBTI communities everywhere.” remarked Brian Sheehan, co-chair of ILGA-Europe’s Executive Board.

• Access Rainbow Europe 2018 here

ILGA-Europe’s annual benchmarking tool, which ranks 49 countries in Europe on their LGBTI equality laws and policies, reveals a region where advances are not being made at the rate they once were. This lack of sustained progress on LGBTI equality issues should set off alarm bells for policymakers and advocates alike.

The 2018 Rainbow Europe Map and Index reveal that fewer countries are moving up the country ranking; many are stagnating, including countries that are traditionally perceived as equality ‘frontrunners’.

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

The Rainbow Europe 2018 individual criteria and the percentage ‘weight’ assigned to them remain exactly the same as the 2017 version, meaning that it is easier than ever before to compare a country’s momentum (or lack thereof!) on LGBTI equality laws.

Legal gender recognition in France and Norway. Civil unions in Italy. A ban on conversion therapy in Malta. These are just some of the major developments that made global headlines in 2016. But these attention-grabbing changes are not happening at the same pace all over Europe. There are clearly risks to progress in countries at both ends of the Rainbow Europe country ranking.

“One of the most common questions ILGA-Europe get asked by national governments is how to improve their ranking on the Rainbow Europe Map – the answer is political backbone. Political leaders need to understand that, if they don’t act now, the LGBTI equality gains we’ve all made together over the past few decades can be rolled back.” remarked ILGA-Europe Executive Director, Evelyne Paradis ahead of the launch. 

“At the top of the Map, there is still work to do to make sure LGBTI people can live freely, and at the other end of the ranking, we see LGBTI people are literally living in fear of their lives. Our movement’s work is not over yet…”.

Rollback can start to happen overnight – and politicians across Europe need to wake up to that fact, fast. Some risks are immediately obvious and painful, such as the gross human rights violations in Chechnya – not only for the fear that such actions perpetrate in the local LGBTI community, but also the message of intolerance that this sends to the wider region. Others are not instantly identified as LGBTI-specific scenarios but nonetheless put the achievements of the past decades at risk. 

The latest Rainbow Europe Map, which reflects legal and policy developments, confirms that a few countries are still setting new standards for LGBTI equality and being propelled upward on our country ranking as a result.

Rainbow Europe 2016 showcases the current state of play of the laws, policies and practices that affect LGBTI people in Europe today. This year’s benchmarking exercise shows three distinct patterns: 

1. countries who are demonstrating leadership by introducing standard-setting equality measures; 
2. countries who are now standing still, including some traditionally seen as progressive; 
3. and the countries who are actively targeting LGBTI people with restrictive laws. 

Unfortunately, too few countries fall in this first category. Speaking at the 2016 launch in front of an audience that included ministers from several European countries, civil society groups and Crown Princess Mary of Denmark, Evelyne Paradis remarked “Contrary to popular belief, LGBTI equality is far from being a done deal in Europe. The picture is actually very mixed at the moment:  a lot of the governments that were leading the way on LGBTI equality a few years ago have slowed down their work, especially when it comes to new standards. In ILGA-Europe’s 20th anniversary year, we don’t want to see so many lagging behind. Now is certainly not the time for complacency.”

In the countries at the bottom of our country ranking, LGBTI people and their families are faced with a scenario where their rights are actively being eroded. ILGA-Europe’s latest Rainbow Europe package also contains a stark reminder that Europe is not just damaged by this slowing legislative process. The absence of supportive laws and policies is one thing, the legalisation of oppression is another threat altogether. Regressive laws, targeting both individuals and the work of LGBTI activists and NGOs, are a pernicious and real threat in many European countries. 

Launched in Montenegro, at the 2015 European IDAHOT Forum celebrating International Day Against Homophobia, Transphobia and Biphobia (17 May), the 2015 Rainbow Europe package highlights the complexity of the current situation for LGBTI people in Europe.

Malta’s rise to 3rd in our rating is undoubtedly the most eye-catching story of the 2015 Rainbow Map. This is an improvement of 8 places (11th in 2014) with an overall score of 77% (57% in 2014). These numbers only tell part of the Maltese story – the substantial legislative and constitutional progress over the past 12 months was the platform for this climb into the Map’s top 3. 

At the other end of the spectrum, the difficulties faced by LGBTI activists in Azerbaijan are clear; it lies at the bottom of the 2015 Map with only 5%. Our colour-coded representation of the current legal and policy situation for LGBTI people in Europe ranks 49 countries according to our ultimate benchmark of 100% equality. The fact that no European country has yet reached this magic number, and that the European average is lingering at just 42%, tells European decision makers that there is much work to be done in the coming months.    

Where legal protection of the human rights of LGBTI people is concerned, there is gradual progress in many European countries. However, Europe as a whole is far from guaranteeing full respect of LGBTI people’s human rights.

The Rainbow Europe Map 2014 shows that the European average on the measure of legal protection is still very low – only 36%. The average for EU countries (46%) does not even reach the half-way mark. This said, the gaps between European countries remains enormous and ranges between the top score of 82% (UK) and the bottom score of 6% (Russia). Most worryingly, 34 out of 49 European countries (including 14 EU Member States) are below 50% mark.

Lately, we heard a lot about marriage equality debate in France and the large public demonstrations by the opponents, or the regressive developments in Russia and Ukraine with the introduction of bans on ‘homosexual propaganda’ and further repression against the LGBTI movement.

Is marriage equality the only criteria we should use to measure equality of LGBTI people in a society? Which European country is a champion of LGBTI equality and which countries are in the ‘red zone’? What are the main European trends: both in terms of achievements and shortcomings? Are the European institutions doing enough? Is Europe moving forward or taking steps back?

The Rainbow Europe package will provide the answers to all the above mentioned questions. It will give an overall picture of the current state of play of the human rights of LGBTI people in Europe.

ILGA-Europe Rainbow Map 2012 reflects the national legal human rights situation of LGBTI people in a simple format. The Rainbow Map ranks all European countries according to their legislation and administrative practices that have direct impact on the human rights situation of LGBTI people

From a legal perspective, the ILGA-Europe Rainbow Map shows that none of the countries in Europe can claim to provide full legal equality for LGBTI people. The five highest scoring countries – out of the maximum of 30 points – are:
• United Kingdom (21 points)
• Germany and Spain (20 points each)
• Sweden (18 points)
• Belgium (17 points)

10 countries are in the negative zone and do not meet the basic requirements of human rights standards:
• Moldova and Russia (-4.5 points each)
• Armenia, Azerbaijan, FYR Macedonia and Ukraine (-4 points each)
• Monaco, San Marino and Turkey (-3 points each)
• Belarus and Liechtenstein (-1 point each)

A simple fact remains: on average, the level of legal equality continues to be very low in most countries.

On 17 May, the International Day against Homophobia and Transphobia is being marked. Every year on this day ILGA-Europe looks at progress made by European countries towards respecting human rights and ensuring full legal equality of lesbian, gay, bisexual and trans people (LGBT) by publishing Rainbow Europe Map and Index.

The main trends observed this year are that:

• None of the countries in Europe can claim to provide for full legal equality for LGBT people. Every country in Europe still has work to do to achieve LGBT equality – even those which scored the highest on the Index (the United Kingdom (12,5 points) or Sweden and Spain (12 points))
• 14 countries (including 1 EU Member State) are in the ‘red zone’: gross violations of human rights and discrimination are taking place
• There are significant variations between countries in Europe: while some have progressed in the past year (e.g. Germany, Portugal), many others are not advancing towards greater recognition of rights (e.g. Cyprus, Italy, Latvia, Malta, Turkey, Ukraine), while in others (e.g. Lithuania, Hungary) we observe the risks of regress
• Many EU Member States are either around or below average when it comes to respecting human rights and ensuring legal equality of LGBT people. This is particularly worrying considering that the overall European average is very poor.

ILGA-Europe’s Rainbow Europe Map and Index rates each European country’s laws and administrative practices according to 24 categories and ranks them on a scale between 17 (highest score: respect of human rights and full legal equality of LGBT people) and -7 (lowest score: gross violations of human rights and discrimination of LGBT people). This is the first time the Map and the Index reflect categories on issues affecting trans people.

The map reflects European countries’ legislation which protects the human rights of and ensures equality for LGB people as well as laws and practices which discriminate against and violates the human rights of LGB people.

The rating places a country on a scale between 10 (maximal positive score) and -4 (minimal negative score) and is an average of possible positive and negative points.

Positive points are awarded to a country which has

• legislation protecting from discrimination on the grounds of sexual orientation,
• recognising same-sex partnership,
• parenting rights of same-sex partners,
• recognising homophobia in hate speech/crime legislation.

The negative points are awarded to the countries which

• have law banning same-sex sexual acts
• have unequal age of consent
• violated the rights of LGB people to peaceful assembly and freedom of association. 

The Map and Index do not reflect the situation for trans and intersex people in Europe. ILGA-Europe is working with Transgender Europe on identifying the categories and data collection which will enable to have such an overview. We expect to produce such map and index on trans and intersex issue in 2011.

Prior to OutGames and its International Human Rights Conference in Copenhagen in the end of this month where ILGA-Europe take part, we published a map of Europe reflecting the legal situation for lesbian, gay and bisexual people.

The ‘Rainbow Europe’ map reflects legal advanced such as protection from discrimination, recognition of  LGB families and parenting rights, inclusion of sexual orientation in hate speech/crime legislation. The map also highlights the ‘darker’ corners of ‘Rainbow Europe’ where there is still criminalisation of consenting same-sex acts, unequal age of consent and there Pride events have been banned during last 10 years.

Summary of the mapped legal situation for lesbian, gay and bisexual people in Europe:

Advances:

• 2 countries’ constitutions refers to sexual orientation in their anti-discrimination provisions
• 13 countries and 1 territory bans sexual orientation discrimination in employment
• 25 countries and 5 territories ban sexual orientation discrimination in employment, access to good and services
• 15 countries refer to sexual orientation in hate speech/crime legislation
• 5 countries allow same-sex partners to marry
• 13 countries and 2 territories allow same-sex partners to register their partnerships
• 13 countries recognise cohabitation of same-sex partners
• 9 countries entitle same-sex partners to apply for joint adoption
• 11 countries allow that same-sex partners can adopt each other biological child of child(ren)
• 10 countries provide fertility treatment for lesbian couples

Spots of discrimination and inequality:

• 2 countries and 3 territories still have unequal age of consent for all sexual acts
• 1 territory still criminalises consenting sexual acts between adult men
• 8 countries banned LGBT public events during the last 10 years