Amid legislative attacks on LGBTI rights in Italy, a new report by the Council of Europe Commissioner for Human Rights, Dunja Mijatović, calls on the Italian government to protect everyone from hate and violence

Since the new Italian government came into power in 2022, it has been toying with the rights of LGBTI people. Draft legislation that would do away with the internationally agreed protection of asylum seekers based on their sexual orientation and/or gender identity has been put forward, as well as guidelines that have led to the deregistration of lesbian mothers in several Italian cities, the drafting of a law to penalise surrogacy conducted abroad with criminal sanctions, and attempts to intimidate teachers supporting trans children in schools.

A new report by the Council of Europe Commissioner for Human Rights, Dunja Mijatović, clearly names the discontinuation of transcriptions of foreign birth certificates of children born from surrogacy or artificial reproduction technology, and the lack of protections for LGBTI people against discrimination and hatred, as human rights violations. It calls on the Italian government to step up protection of LGBTI people and their families, and to protect everyone in Italy from hate and violence.

The country report on Italy, released last week, is based on a visit the Commissioner undertook in June of this year. It addresses the topics of asylum and migration, women’s rights and gender equality, freedom of expression, safety of journalists, protection from hate crime and hate speech based on SOGIESC, and children’s rights.

Attacks on children’s rights

Addressing children’s rights, the Commissioner highlights the recent attacks against rainbow families in Italy. 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 the 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.

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 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 about conception. In her report, the Commissioner confirms that the Italian procedure does not comply with the best interests of the child and reminds 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 calls on Italy to stop deregistering parents, as some prosecutors have started to do in a response to the governmental Decree.

The attacks on rainbow families must be seen in the context of broader attacks by the government on the LGBTI community in Italy and their fundamental rights. Schools have been called upon to no longer accept the gender identity of trans children in education, the draft law proposing to withdraw the possibility to seek asylum based on prosecution based on sexual orientation and gender identity is still on the table, and LGBTI-phobic hate speech, including from politicians, has been on the rise.

Anti-LGBTI speech and hate crime

In the light of the rise in LGBTI-phobic hate and violence, the Commissioner highlights the lack of national level anti-discrimination, anti-hate speech and hate crimes legislation covering sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) grounds and calls on the Italian government to fill this legislative gap. The Commissioner highlights in particular the need to improve awareness of and response to violence against LBTI women.

The Human Rights Commissioner highlights the importance of consistent application of the legal asylum framework concerning the protection of vulnerable persons.  According to us, this clearly also applies to the worrying moves of the Italian government to remove SOGI as protected grounds in the asylum law. Under EU law, Italy has several obligations to provide protection to vulnerable groups, including those based on sexual orientation and gender identity.

The Commissioner’s report is yet another voice of international institutions raising concerns about how the Italian government is failing to protect the human rights of LGBTI people and instead is more and more using LGBTI people as pawns in political games, putting them at risk of violence and discrimination. The attacks by the government are 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 – legal protection that Italy is largely lacking. The lack of legal protections for LGBTI people has resulted in Italy being one of the lowest ranking EU Member States on ILGA-Europe’s Rainbow Map – placing at 22 out of 27 EU member states currently.

Together with Italian LGBTI organisations and activists, ILGA-Europe will continue to call on the Italian government to reconsider its current anti-LGBTI actions and decisions and work to advance legal protection, especially in the area of non-discrimination, family recognition and protection against hatred and violence.

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.

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.

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.

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.

An LGBTI poster vandalised just a few days before the EuroPride in Valletta and an LGBTIphobic attack during Gozo Pride are strong reminders that despite strong legal protections, LGBTI people do not always enjoy full inclusion and safety in Malta. 

Shortly before the official opening ceremony of EuroPride, hosted this year by the Maltese city of Valletta, a poster advertising one of the events was vandalised in broad daylight in Castille Square. A few days into the celebrations, in the hours after the second annual Gozo Pride parade, a group of queer people faced verbal harassment on their way to a local bar. The situation escalated and one of the people in the group was physically assaulted. The attack was condemned by a number of ministers.  

These are not the types of events that you would typically associate with Malta, an EU country renowned for its strong legal protections for LGBTI people. Thanks to the unwavering efforts of local activists and decision-makers committed to safeguarding the rights of LGBTI people, Malta has topped ILGA-Europe’s Rainbow Map for eight consecutive years. With an exemplary legal framework, ranging from marriage equality to legal gender recognition, and some pioneering measures, Malta stands as a trailblazer and a source of inspiration for its neighbours.

Nevertheless, despite this great work, true equality for LGBTI people has not yet been achieved. These recent events are a reminder that to bridge the gap between law and life, everyone must be part of the journey.

Our Advocacy Director, Katrin Hugendubel, is in Malta to participate in EuroPride. “Despite the country’s robust legal framework, the reality is that discrimination persists,” she says. “While legal protections are a vital ground for equality, they alone cannot ensure that LGBTI people are safe and fully included. Society, with all its complexities, must be brought along, especially in the face of rising anti-human rights forces in the country.”

While Malta has held the number one spot on ILGA-Europe’s Rainbow Map, benchmarking legal frameworks and protections for LGBTI people in European countries, gaps remain in Maltese legislation. The Maltese government is yet to put forward legislation that ensures full protection against discrimination outside employment against, amongst other grounds, sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).

According to Hugendubel: “It is equally relevant to look at the larger picture and remember that championing the rights of LGBTI people means to advocate for human rights in their entirety. This includes the human rights of migrants and reflecting on sexual and reproductive rights, including the rights to abortion. Moreover, Malta’s leadership in this regard, extends beyond the island, serving as an example for other countries.

“In meetings this week, commitments to present a proposal for the Equality Act were renewed, and Malta has done an extraordinary job in protecting LGBTI people. However, the true test is not just arriving at the top but sustaining this leadership, and translating the legal framework into the day to day life of everyone. Malta must stay vigilant in its commitments to ensure the protection of LGBTI people within its borders, but also as a guiding light for all EU countries and beyond.”

You can learn more about Malta in our Annual Review and Rainbow Map.

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 the detention of 241 individuals at 11 Pride events this summer, the Turkish government must understand that respecting the rule of law and fundamental rights, including those of LGBTI people, is a precondition for becoming an EU member state.

EU accession has once again taken centre stage on Turkey’s political agenda. Since his re-election in May 2023, President Erdoğan has reignited EU accession conversations, stagnant for several years. However, amid this renewed pursuit, the attacks on Pride events and potential regressive changes to the constitution underscore the precarious state of human rights in Turkey. Upholding the fundamental rights of all, including LGBTI people, and ensuring the rule of law remain the cornerstones of the EU. Any future discussions regarding closer ties with the EU must hinge on Turkey’s unwavering commitment to safeguarding these principles.

Erdoğan’s crackdown on Pride

Following the presidential election, marred by a high volume of anti-LGBTI statements, the Pride season in Turkey bore witness to both immense courage and hatered stoked by the state. A record number of Pride events were planned this year, and while some took place without obstruction, many encountered police repression and bans.

Authorities violently interrupted 11 LGBTI-themed events and Pride marches, leading to the detention of 241 people, including four children, seven lawyers, five foreigners, journalists, and activists. Particularly shocking was the case of Iranian LGBTI+ activist Elyas Torabibaeskendari, held in a detention centre despite his international protection status and at risk of deportation to his home country, where he could face a death sentence.

Portuguese national Miguel Alvaro, who was on holiday in Turkey during the event, alleges that he was assaulted by police officers due to his assumed appearance as gay, leading to his 20-day detention without explanation. Protestors also reported incidents of reverse handcuffing, manhandling, and prolonged confinement in vehicles without proper ventilation.

According to human rights activists, the use of torture and ill-treatment by the police was more widespread compared to previous years. It is crucial to remember that the excessive use of force by the police violates the right to peaceful assembly, protected under both domestic law and international treaties, such as the European Convention on Human Rights, to which Turkey is a signatory. Despite the pressure, LGBTI activists displayed resilience, with many Pride events going ahead peacefully, exemplifying the strength and determination of the LGBTI movement in Turkey.

Constitutional amendments: A stride backwards in LGBTI equality

Earlier this year, the Turkish Parliament expanded the threat to LGBTI citizen’s rights. Among various draft amendments to the Constitution, one stood out as direct discrimination against LGBTI people. Under the guise of protecting the institution of the family “against the impositions of pervert movements,” the legislature sought to redefine marriage as “the union of a man and a woman,” essentially eliminating the possibility of introducing same-sex marriage in the country. While the proposal was eventually withdrawn in the aftermath of Turkey’s devastating earthquake and later elections, this amendment, incompatible with the principle of non-discrimination enshrined in the EU treaties and the Charter of Fundamental Rights, is anticipated to re-emerge in the upcoming legislative term.

LGBTI people’s rights are at the core of the EU

Amidst the curtailment of LGBTI freedoms and deeply concerning legislative proposals, the journey to Turkey’s EU accession demands a resolute commitment from all sides to protect the fundamental rights of LGBTI people. LGBTI people’s rights are not negotiable and Turkey’s road to becoming a member of the EU must be based on the Union’s founding values.

Every year since 2009, ILGA-Europe’s Rainbow Map has been ranking the 49 countries that make up Europe based on the legal and policy situations of LGBTI people.

While during this time there has been much movement at the top of the map, with Spain, Finland, Greece and Moldova making big jumps this year, the countries at the bottom have largely been the same since the very first map, namely Russia, Armenia, Turkey, and at the very bottom Azerbaijan.

In this episode of our podcast, The Frontline, we ask the question, if a country stays at the bottom of the Rainbow Map ranking, does it mean there’s no queer activism happening there? In countries where advocacy is not possible, and where daily life for LGBTI people is often extremely challenging, what’s happening in the work towards LGBTI rights and equality? And is this mostly invisible activism bringing about change for LGBTI people in the countries where it seems life is getting worse rather than better?

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

^[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

A month after the Turkish elections, for which the winner,Recep Tayyip Erdoğan scapegoated LGBTI people, activists and allies have been rallying at Pride marches across the country. In this blog, we present an up-to-date account of the latest events, as reported by LGBTI activists on the ground in Turkey.

LGBTI activists in Turkey are determined to stand up for human rights. The government, led by President Erdoğan, has been intensifying its systematic attacks on LGBTI individuals since 2015, when Istanbul Pride march was banned for the first time. A month after the re-election of Erdoğan on a ticket that instrumentalised LGBTI people as an enemy, it is Pride season once more in Turkey.

Hate speech, prohibitions, and systematic attacks by Turkish authorities on Pride events have been ongoing ever since that first ban. In 2019, 19 activists were charged with unlawful assembly for participating in a peaceful Pride March at METU University. After a trial that was delayed several times, the METU 19 were eventually acquitted in 2021.

Following his re-election as President of Turkey for another five years, Erdoğan again directed his hostility towards the LGBTI community, targeting LGBTI+ people throughout his campaign and the previous nine years in office. During the election campaign, the ruling bloc expanded its coalition with the New Welfare Party and HÜDAPAR, which are known for their anti-LGBTI+ stance and the ruling party signed a protocol with the New Welfare Party which has been demanding the closure of LGBTI+ associations.

Instead of being discouraged by these daunting events, or the fear of increased pressure from the government, LGBTI activists are working harder than ever to ensure their right to assemble and to be seen. As risks and repression grow, activists on the ground are closely monitoring this Pride season. We will continue to develop this list as news comes in.

Saturday, June 2 – Bilkent University Pride, Ankara: No intervention or arrests occurred.

Friday, June 9 – METU Pride, Ankara: Police intervened and made 15 arrests, but all were released by 03:00.

Sunday, June 12 – Sabancı University of Istanbul: Peaceful event with no arrests or police intervention.

Sunday, June 12 – Cins Klüp: The LGBTI+ student community at Sabancı University, one of the most prestigious universities in Turkey, organised a Pride march on campus despite attempts by the private security unit to prevent it.

June 16-18 – Aydın LGBTI+ Pride Week: No march, only events were held.

Sunday, June 18 – Adana Colors of Resistance organised an event for trans visibility day called “Trans visibility in the struggle of LGBTI+ rights”.

Sunday, June 18 – Trans Pride Istanbul: The newly appointed Istanbul Governor, Davut Gül, had previously targeted Trans Pride and the LGBTI+ Pride March, issuing a threatening message on Twitter with an emphasis on “family”. Although no official ban was issued by the Governorate, the police blocked the Taksim area with barricades on Sunday morning. The police attacked those gathered in the Harbiye district of Beyoğlu and also targeted press workers who were documenting the events. Despite these challenges, activists delivered their press statement and marched for the 9th Trans Pride.

Sunday, June 25 – Istanbul Pride: The march took place without police intervention, but the police intervened after the march had concluded and the number of detainees has reached 64, including foreign nationals in danger of deportation. Relevant UN agencies, LGBTI+ and refugee organizations are following the process.

Sunday, June 25 – Izmir Pride: A ban was announced the night before the march. There was violent police intervention, resulting in the detention of approximately 50 individuals. Protesters were handcuffed behind their backs, manhandled, and kept in detention cars without fresh air for an extended period.

On Sunday 9 July – Eskişehir Pride: Police blockaded the Hasan Polatkan Cultural Center, where the march was to take place. Stating that the Governorate of Eskişehir had issued a ban on 14 June, the police announced that they would not allow the march to go ahead. Those who had gathered for the march asked for time to disperse. The police intervened harshly and detained 18 people, two of whom are lawyers. The detainees were released on the same day.

3-9 July – Adana for LGBTI+ Pride Week: The police intervened during a press statement organised for Pride Week. 18 people, including HDP Provincial Co-Chair, Helin Kaya, were beaten and detained. Green Left Party Mersin MP Perihan Koca was beaten and reverse handcuffed. The detainees were released by midnight.

It is not just Pride marches that face repression and obstruction. LGBTI-themed gatherings and events are also facing similar treatment.

In June, the second Aegean Pride Picnic, organised by LGBTI students at Ege University in Izmir, received open threats from Turkish Youth Union (TGB), the youth branch of the Patriotic Party, Grand Family Platform (Büyük Aile Platformu), TÜGVA and the New Welfare Party and was eventually postponed after the police stated that they could not ensure the safety of LGBTI+ students. When the organisers attempted to read a public statement in front of the Izmir Bar Association, a professional organisation of lawyers defending human rights, the police attacked activists and assaulted lawyers. Despite these challenges, the activists managed to read their statement.

The Pride Picnic of Direnişin Renkleri (The Colors of Resistance), a local student initiative at Izmir Democracy University, had planned their own Pride Picnic on June 13. However, hours before the event, the police initiated a blockade both on the university campus and in the picnic area. The police threatened LGBTI+ students and detained two students by beating them. The detained students were taken to Balçova Police Headquarters but were later released after providing their statements.

On June 14, the Patriotic Party and its youth branch, Turkish Youth Union (TGB), targeted an LGBTI+ Pride Month event scheduled to take place at the Ankara Bar Association. A group of ten people gathered before a gender equality panel and insulted those attending. The police did not intervene, and the event proceeded despite the provocation.

On June 15, the Eskişehir Governorate banned all kinds of LGBTI+ themed public events across the city for a month, citing “public morality”.

Also on June 15, the ‘Tea & Talk’ event for English speakers in Istanbul, organised by Lambda Istanbul,  one of the oldest LGBTI+ associations in Türkiye and held in various café’s for years, was banned by the Kadıköy District Governorate. The ban was communicated to the café where the event was supposed to take place. According to the Kadıköy District Governorate, it is “inappropriate” for LGBTI+ individuals to sit in a café, drink tea and engage in conversation.

The concerts of singers Melike Şahin and Mabel Matiz in Bursa and Denizli, respectively, were cancelled due to their LGBTI+ supportive award speeches and celebration pride at the stage at the Elle Style Awards. Denizli’s municipality cancelled Mabel Matiz’s concert without providing any reason. Melike Şahin is known for her support to LGBTI+ movement while Mabel Matiz is an openly queer singer.

As a human rights organisation, ILGA-Europe are deeply concerned about the ongoing challenges faced by LGBTI activists and the repression of LGBTI events in Turkey.

During a recent study visit organised by ILGA-Europe, activists discussed the protection of LGBTI rights in Turkey at different EU institutions. We will continue to follow Prides in Turkey in close contact with activists and to mobilise international support to ensure the freedom of assembly and all human rights of LGBTI people in the country.  

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

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

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

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

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

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

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

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

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

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

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

Executive summary 2023

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

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

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

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

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

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

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

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

Half-way through, the evaluation of LGBTI organisations is positive, but also pointing clearly to where more is needed to ensure the implementation of the strategy in all areas of EU competence and to fully live up to the commitments the EC proudly adopted with the strategy. 

With this briefing, ILGA-Europe wants to highlight five key aspects of our evaluation of the first two years of implementation and set out recommendations to ensure strong implementation of the full strategy by 2024.

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

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

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

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

We have not seen this severity of the violence before

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

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

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

Sexual education is increasingly compromised

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

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

Public support for LGBTI people is growing

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

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

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

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

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

Same-sex partnership is back on the agenda

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What happens when sex work is criminalised?

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

5 reasons why the European Parliament must protect sex workers

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

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

Respect for human rights

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

Gender equality

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

Public health

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

Right to self-determination

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

negative Effectiveness

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

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

In our submission to the European Commission’s annual Rule of Law report, we’ve identified key trends in the systematic attacks on the rights of LGBTI people across EU member states, and what can be done to counteract them.

Do you know about the EU’s Rule of Law mechanism? It can be used to ensure EU institutions react strongly against LGBTI rights violations across its member states. In the EU, rule of law means that all members of a society, including governments and members of parliaments, are equally subject to the law, under the control of independent and impartial courts.

The rule of law is important because it has a direct impact on the life of every citizen of the EU, and it ensures that laws protecting fundamental rights and democracy are respected by everyone, and can be enjoyed by everyone. It is a fundamental value upon which the EU is based.

Over the past few years it has become increasingly clear that many government-led violations of LGBTI rights in EU member states, go hand-in-hand with an undermining of the rule of law. In ILGA-Europe’s submission to this year’s EU Rule of Law Report, we’ve reported on the systematic attacks on the fundamental rights of LGBTI people across the EU, which have been enabled by the weakening of rule of law and democratic structures in several member states.

ILGA-Europe, with the input of various national-level LGBTI organisations, has submitted written input to inform the 2023 annual report, in order to ensure the violations of LGBTI rights linked to rule of law deterioration are recognised by EU institutions, and are addressed in their follow-up with member states. Here are the trends which we have highlighted to the EC:

Anti-LGBTI bias

In countries where the freedom of the judiciary is weakened, we have been witnessing political interference or bias in court cases related to LGBTI rights. For example, in Poland, the Ministry of Justice uses its powers to repeatedly appeal verdicts that were in favour of LGBTI defendants.

Also, in countries where media freedom is under attack, we are seeing more prevalence of anti-LGBTI bias, smear campaigns and even censorship of LGBTI content.

Harassment and intimidation of LGBTI human rights defenders

Across the EU, hate speech by politicians was a serious issue during 2022, creating an unsafe environment for LGBTI human rights defenders and often related to a rise in hate crime and hate speech against LGBTI people more broadly. LGBTI human rights defenders are still targeted by strategic litigation against public participation (SLAPP) cases, which aim to intimidate activists and journalists to prevent them publishing information about attacks on LGBTI rights. In addition, we saw in Poland that the prosecutor’s office used tactics to intimidate not only LGBTI people ahead of court cases but also judges presiding over cases related to LGBTI rights.

Anti-LGBTI legislation

Legislation aimed at rolling back the rights of LGBTI people continued to be tabled in 2022. The most well-known example of such legislation is the anti-paedophilia legislation adopted by Hungary in June 2021, which includes provisions which ban the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” for persons under 18, and applies these to a number of regulations related to child protection, family, education, media and advertisement.

The European Commission started infringement proceedings against Hungary due to this law in July 2021, taking it to the Court of Justice of the European Union (CJEU) in July 2022. A similar law has since been tabled in Slovakia and Romania, while Poland has drafted a number of laws restricting rights of LGBTI people and currently in Bulgaria draft legislation aims to restrict the functioning of civil society in general.

Judgments are not implemented

Judgments of the Court of Justice of the EU (CJEU) or the European Court of Human Rights (ECtHR) continued to not be implemented last year. The most notable of these is the Coman case from 2018, on freedom of movement for same-sex spouses. Due to its non-implementation in Romania, the country where the case started, it has been taken to the ECtHR. An official complaint was also submitted to the European Commission, with a similar case.

Hate crimes are not investigated

Hate crimes against LGBTI people often are still not sufficiently investigated. A number of EU countries still do not have hate crime legislation with sexual orientation, gender identity or sex characteristics as aggravating grounds. In some countries which do have such legal protection, it is often not implemented properly by police, prosecutors or even Ombudspersons.

So, what can be done?

The EU has a number of tools at its disposal to ensure the respect of the rule of law in all EU countries. The European Commission (EC), the executive arm of the EU, is responsible for guaranteeing the respect of rule of law.

The EU can take specific steps against violations of LGBTI rights in member states, that is if they go against EU legislation and/or if they are rule of law violations. Instruments the EC can use in such cases include so-called infringement procedures, as we see against Hungary and Poland at the moment, triggering Article 7 of the Treaty of the EU, to suspend certain rights from a member state, as well as cuts in EU funding based on rule of law violations.

The EU annual rule of law report highlights breaches of EU and national law, including erosion of democratic standards. Based on this report, the EU institutions talk with EU countries, as well as national parliaments, civil society and other stakeholders in order to address concerns and avoid deterioration.

We hope that our remarks are heard and that the EC will integrate them in its annual Rule of Law Report. LGBTI rights are human rights and must be protected the same way rule of law should be respected in every EU country. 

The submission covers developments in eight EU Member States as regards rule of law developments in the countries which have had an impact on the fundamental rights of LGBTI people and their democratic participation, with a focus on the past year (2022).

We have kept our inputs relevant to the content asked for by the consultation, and therefore we have not included all fundamental rights violations against LGBTI people, or all restrictions experienced by LGBTI civil society in the respective countries. We have only included them where there is a clear link to the issues of rule of law contained in the consultation.

Notably the submission covers the following topics:

• Manipulation of judicial processes to attempt to erode the human rights of LGBTI people and their access to justice;
• Politicians attempting to discredit and delegitimise the rulings of courts that uphold the rights of LGBTI people;
• Harassment and intimidation of LGBTI human rights defenders by law enforcement/prosecution services;
• Smear campaigns and negative narratives against LGBTI people, particularly where independence of media is threatened;
• SLAPPs against activists or journalists reporting on topics of public interest related to LGBTI;
• Censorship of LGBTI content;
• Tabling and adoption of laws aiming to reduce fundamental rights of LGBTI people;
• Tabling of laws aimed at restricting the functioning of civil society organistions;
• Arbitrary application of Covid-19 regulations to attempt to restrict the freedom of assembly of LGBTI people;
• Continued non-implementation of CJEU or ECtHR judgements which would improve the lives of LGBTI people;
• 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;
• Insufficient implementation of legal protection (e.g. protection against hate crime) for LGBTI people by responsible services, sometimes including Ombudspersons.

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

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

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

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

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

All at ILGA-Europe send our support and solidarity to the organisers of EuroPride and Belgrade Pride, the LGBTI community in Serbia and the Balkans, who have demonstrated such courage and resilience today.

According to Evelyne Paradis, who will be in attendance at the march in Belgrade at 5pm, “The fact that a gathering is taking place after all of this should not be mistaken as the Serbian government upholding its obligations on the right to freedom of assembly.

“They have done everything in their power until the very last minute to obstruct, to discourage, and to intimidate the organisers.

“Beyond the Pride march itself, the risks of increased vulnerability to violence and hatred are very real for citizens in Belgrade and beyond, following repeated anti-LGBTI statements by political and religious leaders in Serbia.

“The unfolding of events since President Vucic announced he would ban EuroPride is a clear case of instrumentalising LGBTI people for political purposes; using LGBTIs as pawns in larger political games, as far-right, anti-democratic forces gain ground with support of external influence.

 “I am proud to march with every participant in Belgrade, as we exercise our right to be in this public space, and our inalienable human right to freedom of assembly.”

Today, the Serbian police announced an official ban on the route of the EuroPride march in Belgrade this coming Saturday.

On August 28, the Serbian President Aleksander Vučić announced that the EuroPride march in Belgrade planned for September 17 would not go ahead. Today, the Serbian police instead announced a ban on the route for the parade, which had already been agreed between the organisers of Pride and the Serbian authorities.

In response to the ban, our Executive Director, Evelyne Paradis, said, “ILGA-Europe strongly condemns the ban of the EuroPride route announced by the Serbian police, and is deeply concerned by the persisting attempts by the Serbian authorities to prevent the Pride March from going ahead, and taking place safely. Not only is the Serbian government clearly failing to respect its obligations under human rights law to ensure freedom of assembly for all citizens, they also fuel anti-LGBTI rhetoric which puts LGBTI people and community at increased risk of violence.

“We call on the Serbian government to ensure that everyone who wants to join the March on Saturday 17^th September in Belgrade is fully able to exercise their right to freedom of assembly, and that they are fully protected both during the march itself and on the streets of Belgrade in its aftermath.

“I will be there to march alongside Belgrade Pride organisations who have already been working for a long time to organise a safe and peaceful EuroPride march this weekend.”

For further comment, please reach out to our press and media officer ana@ilga-europe.org