A letter sent today (27 January) to the Croatian Presidency by ILGA-Europe and the Equal Rights Association (ERA) stresses that opening accession talks with North Macedonia and Albania is critical in protecting LGBTI rights.

“The blockage of accession talks with North Macedonia and Albania negatively impacts LGBTI rights in the region.” This is the main message of a letter sent today to the Croatian Presidency by ILGA-Europe and ERA, the LGBTI Equal Rights Association for Western Balkans and Turkey, and signed by ILGA-Europe’s member organisations from North Macedonia and Albania.

In October last year, the European Council failed to approve the opening of accession talks with the Western Balkans, after France refused to begin negotiations with both Albania and North Macedonia, while Denmark and the Netherlands expressed reservations about setting a date for opening negotiations with Albania.

Activists across the region have identified the decision not to open accession talks with the Western Balkans as yet another sign that the accession process is not credible – that the EU requires Albania and North Macedonia to make concessions as agreed, yet does not hold its end of the bargain.

According to ILGA-Europe’s LGBTI Enlargement Review 2019, the EU accession process has been, and continues to be, a driving force for change in the recognition of the human rights of LGBTI people throughout the region. Year on year the human rights of LGBTI people continue to feature notably in the reports, assessing progress to date and setting out recommendations for the authorities to implement in the future.

According to Katrin Hugendubel, Advocacy Director at ILGA-Europe: “The accession process has been a game-changer in the region as regards LGBTI rights. The blockage of talks has dramatically damaged the EU’s credibility and countries in the region are losing the will to comply with the human rights standards set by the EU as a prerequisite for accession.”

“LGBTI organisations and activists in the Western Balkans have expressed great worries and concerns about these developments. The progress the countries in the Western Balkans have made over the last years when it comes to the protection of the rights of LGBTI people is still fragile, and support from European institutions is still key. Reopening the accession talks needs to be a priority to ensure the EU can remain a supportive voice and driver for fundamental rights in the region,” Hugendubel continued.

The main recipient of the letter is the Croatian Foreign Minister, Gordan Grli?. It has also been sent to European Commissioner for European Neighborhood Policy and Enlargement Negotiations, Olivér Várhelyi and the High Representative of the European Union, Josep Borell Fontelles, as well as representatives from relevant Embassies and Permanent Representations.

According to the letter, “failure by the European Council to move forward with accession talks, despite all the important advances [in LGBTI rights] in the Western Balkans, risks that not only the governments of North Macedonia and Albania will turn away from the enlargement process, but that throughout the region the trust in the process is lost and governments no longer stand by their commitments to uphold human rights, including those of LGBTI people, as a value to be protected and improved.”

The letter has been sent to coincide with the beginning of the Croatian Presidency, and after Mr. Grli? stated in a European Parliament Foreign Affairs Committee meeting that the Presidency would to its best to begin accession talks with North Macedonia and Albania during the first half of this year.

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The letter reads as follows: 

It has been over 16 years since the European Union and Western Balkan countries agreed in Thessaloniki on the shared values of democracy, rule of law, respect for human and minority rights, solidarity and a market economy, which constitute the very foundations of the European Union. The EU reiterated its unequivocal support to the European perspective of the Western Balkan countries and clearly stated that the future of the Balkans is within the European Union. The process and the prospects it offered were to serve as the anchor for reform in the Western Balkans through a shared agenda, and commitment to its implementation from all sides, all the way to their future accession, in the same way the accession process has done in Central and Eastern Europe.

The EU accession process has been an important driver and support for reconciliation of the region that went through a turbulent decade of wars, ethnic conflicts and economic and societal crisis and a leading path towards the respect of human rights and the rule of law for everyone. 

Within this period, legislative steps were taken to better protect the rights of LGBTI people, as EU integration served as an anchor for reforms in the region. We saw a time of real advances for human rights for all, including the protection of the fundamental rights of LGBTI people and an acknowledgement that LGBTI people are part of Western Balkan societies. The accession process has amplified the voices of local LGBTI activists and initiatives, helping drive forward their crucial work in protecting LGBTI rights and democratic societies. Most of the countries have developed LGBT National Action Plans which have created, or envisaged legal provisions for LGBTI people to be protected from discrimination and violence and to be treated equally, for example introducing recognition of same-sex partnership, and ensuring legal gender recognition procedures that will allow people to have personal documents based on self-determination. These reforms in the framework of the EU accession process of Western Balkan countries are ongoing, and advances on achieving equality for LGBTI persons are still fragile and should not be taken for granted. For example, implementation of LGBT National Action Plans still need to be properly implemented across the region, and in December, notably after the refusal of accession negotiations and contrary to European Commission advice, Albania took steps backwards when it comes to respect of freedom of speech by approving controversial anti-defamation laws.

The decision not to open accession talks with Albania and North Macedonia despite their clear efforts and advances, damages the credibility of the accession process throughout the region, a process which has been fundamental in improving the legal rights and social acceptance of LGBTI people. Albania and North Macedonia have made significant steps and, like other Western Balkan countries, have demonstrated that the rule of law and respect for human and minority rights constitute the very foundations of these two countries. North Macedonia adopted many missing laws to protect the rights of LGBTI people in the past 24 months, confirming the very essence of European values regarding fundamental rights by explicitly including sexual orientation and gender identity in its anti-discrimination, education, media and hate crime legislation. Albania adopted a number of laws protecting LGBTI people from discrimination in employment and education, and hate crime laws inclusive of sexual orientation and gender identity. ERA gathered over 200 human rights defenders in the Albanian capital of Tirana for its regional LGBTI conference this November, when the very first lesbian* march was also held in the city’s streets, without incident. North Macedonia held the first Pride Parade in June 2019, and the Ministry of Labour and Social Policy organized its first National Conference on Advancement of LGBTI Rights also in June 2019.

The failure by the European Council to move forward with accession talks, despite all these important advances, risks that not only the governments of North Macedonia and Albania will turn away from the enlargement process, but that throughout the region the trust in the process is lost and governments no longer stand by their commitments to uphold human rights, including those of LGBTI people, as a value to be protected and improved.

With no clear support from the EU and by stopping the EU integration process, LGBTI communities and activists in the Western Balkans are once again at risk of increased marginalisation and of being left behind, while LGBTI movements will have even less support and space for development.

As throughout Europe, also in the Western Balkans, we are witnessing the continuous rise of populism, political and religious extremism, and the emergence of powerful forces against women’s rights, sexual and reproductive rights, and LGBTI rights. These forces are attempting to restrict and threaten the rights and freedoms of LGBTI people. With LGBTI communities and activists still living in the fragile and yet to be fully reformed Western Balkans, facing a large number of human rights challenges, we have to state our deepest regrets and high concerns for the European Council’s historic error of refusing to start accession talks with North Macedonia and Albania.

The strong and devoted presence of the EU in the Western Balkans is crucial for the overall improvement of the position of marginalised groups such as LGBTI people and its absence can severely damage the newly gained and still fragile progress of the past decade and a half. The LGBTI movement across the region, including in Albania and North Macedonia, always protected the cause of EU integration and its values whenever this was questioned. We also recognise that the EU became the strongest ally of LGBTI civil society in the region, and bravely fought and is still fighting for the advancement of rights for every LGBTI individual. 

Therefore, we call on you, in your position as an ally to the cause of EU integration and the consolidation of rule of law and fundamental rights in the region, to raise awareness about the wide-spread consequences of this situation, and to do everything in your power to ensure that the start of accession talks is unblocked and to reiterate the European perspective of all Western Balkan countries.

Today, the European Court of Human Rights found Lithuania’s failure to investigate online hateful comments against a gay couple to violate their rights to private and family life as well as being discriminatory on the ground of sexual orientation.

The landmark case of Beizaras and Levickas v. Lithuania originated after one of the applicants posted a photograph of him kissing his male partner on his Facebook page, which led to hundreds of online hate comments. Some were about LGBT people in general, while others personally threatened the couple. The applicants alleged that they had been discriminated on the ground of sexual orientation, on account of the public authorities’ refusal to launch a pre-trial investigation into hateful comments left on the first applicant’s Facebook page. They also argued that the Lithuanian authorities’ refusal to launch a pre-trial investigation had left them without the possibility of legal redress.

In a unanimous judgment, the Court found violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights, taken in conjunction with Article 8 (right to respect for private and family life), and Article 13 (right to an effective remedy).

The Court reiterated the authorities’ positive obligation under Article 8 to effectively investigate whether the comments regarding the applicants’ sexual orientation constituted incitement to hatred and violence. The Court considered that the failure to discharge such obligation was due to the “discriminatory state of mind” of the authorities. Accordingly, the Court held that it constituted violation of Article 14, taken in conjunction with Article 8 of the Convention.

The Court found that the statistics provided inter alia by the third-party interveners and ECRI’s report demonstrated a clear lack of willingness by the Lithuanian authorities to prosecute perpetrators. The applicants had been denied an effective domestic remedy in breach of Article 13 of the Convention.

Importantly the Court reaffirmed the right of individuals to openly identify themselves as gay, lesbian or any other sexual minority and the growing general tendency to view relationships between same-sex couples as falling within the concept of “family life”.

The Court’s judgment was informed by a third party intervention submitted jointly by the AIRE Centre (Advice on individual rights in Europe), ILGA-Europe, the International Commission of Jurists (ICJ) and the Human Rights Monitoring Institute (HRMI).

“Today’s judgment is ever more important in establishing State’s positive obligations in tackling hate speech against LGBTI people in Lithuania and across Council of Europe member States amidst the rise in hate in a number of countries,” said Arpi Avetisyan, Senior Litigation Officer, ILGA-Europe.

“The Court was clear that such ‘undisguised calls on attack’ on the persons’ physical and mental integrity require protection by the criminal law and public authorities must apply the law without discrimination. We hope this judgment will be implemented duly and promptly ensuring equality and safety for the LGBTI community in Lithuania.”

Robert Wintemute, Professor of Human Rights Law at King’s College London (UK) and co-representative of the applicants, said:  “I am very pleased that the European Court of Human Rights has sent such a strong message to national authorities across Europe that they must take anti-LGBTI hate speech seriously, and investigate complaints, even about a single hateful comment on Facebook, let alone one that LGBTI persons should be killed. .”

Tomas Vytautas Raskevi?ius, Member of the Vilnius City Council (Lithuania) and co-representative of the applicants, said:  “The European Court of Human Rights has concluded today that the Lithuanian authorities systematically fail in effectivelly responding to homophobic hate speech online. I am positive that this judgment will become a powerful entry point to start conversation with Lithuanian police, prosecutors and judges about the measures that we must take in order to encourage reporting and effectivelly tackle anti-LGBT crimes..“

According to Vladimir Simonko, Executive Director of Lithuanian Gay League (LGL), this case raises questions of considerable public importance about the nature and scope of the positive obligation of Member States under the European Convention of Human Rights (ECHR) to protect individuals from homophobic hate speech and incitement to violence.

“It is appalling that the Lithuanian Government were challenging the very fact that a civil-society organisation might also have a legitimate interest in the outcome of the applicants’ case, and thus questioning the fundamental role of non-governmental organisations in performing a “public watchdog” function in a pluralist, democratic society,” said Simonko. 

According to Livio Zilli, Senior Legal Adviser & UN Representative  with the International Commission of Jurists (ICJ): “Among other things, the ICJ welcomes the Court’s finding in its judgment today that, as a result of their discriminatory attitudes towards the applicants’ sexual orientation, the authorities had denied them an effective domestic remedy in connection with their complaints about a breach of the right to private life under the Convention.”

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• ILGA-Europe’s joint intervention with partners is here.
• Find out more about ILGA-Europe’s strategic litigation work.

Civil Rights Defenders, International Federation for Human Rights (FIDH), Front Line Defenders and International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe) call upon Turkish authorities to drop all charges against 19 LGBTI+ rights defenders due to stand trial on 12 November 2019 in Ankara

On 12 November 2019, 19 LGBTI+ rights defenders will stand trial, charged with “participating in an unlawful assembly” and “resisting despite warning” for   attending the peaceful LGBTI+ Pride March at the Middle East Technical University (METU) campus in Ankara on 10 May 2019.

The 19 (18 students and one faculty member), were among 22 people who were arrested during the Pride March in METU, after police forces entered the university campus at the request of the university administration.  Police dispersed the crowd using pepper spray, tear gas and plastic bullets. All 22 arrested were released later that day.

Speaking on behalf of the four organisations, Björn van Roozendaal, Programmes Director for ILGA-Europe said, “The defenders were practising their right to assembly and standing up for the rights of others in a peaceful manner when the police attacked and arrested them.  No one should be prosecuted for exercising their right to peaceful assembly. All charges against the human rights defenders should be dropped immediately, and this case should be closed.”

The Pride March was organised by METU LGBTI+ Solidarity, a student group established in 1996,  which works to secure gender equality, eradicate on-campus LGBTI+ phobia, and ensure that the university is a safe space for LGBTI+ people. The group has been organising Pride Marches on the campus every May since 2011.

On 6 May 2019, shortly before the METU Pride March, the university Rector, Mustafa Ver?an Kök, sent an email to all students, graduates, and faculty members, informing them that the Rectorate was prohibiting the event.  He referred to the ban on LGBTI+ events in Ankara, issued by the Ankara Governor’s office on 3 October 2018 and warned that the Rectorate would ask the Ankara Police to intervene if the event took place. When the Pride March commenced, the police violently dispersed students.

Twenty-one students and one professor were taken into police custody.  Shortly afterwards, the university opened administrative investigations against the students who participated in the Pride March. On 5 August 2019, 19 of the 22 arrested LGBTI+ rights defenders were notified that a criminal case had been opened against them, related to the charges of “participating in an unlawful assembly” and “resisting despite warning”  under Article 2911 of Turkish Penal Court.

In November 2017, using the state of emergency powers, a blanket indefinite ban on public events focused on LGBTI+ rights was issued in Ankara. Despite the ending of emergency rule in July 2018, the Ankara Governor’s office did not lift the ban. On the contrary, on 3 October 2018, the Governor’s office informed law enforcement and other relevant authorities of a new ban, without giving any indication of when it would end.

On 19 April 2019, the Ankara Administrative Appeals Court lifted the ban introduced under the state of emergency, on the grounds that it was unlawful and restricted rights and freedoms in unconditional, vague, and disproportionate ways.

The four organisations said “We would like to remind the authorities that the state’s duty is to take security measures to protect peaceful assemblies and events, not ban them. The government should carry out a thorough and impartial investigation into the excessive use of force during the event, instead of prosecuting the human rights defenders. We reiterate our call to the authorities to drop all charges against the 19 defenders and ensure that all human rights defenders in Turkey are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.”

As a sharp rise in hate attacks on LGBTI communities in Hungary, Serbia and Poland is reported, ILGA-Europe calls for the EU Commission to step up its leadership in the protection of fundamental rights

Just one week on from winning the bid for Euro Pride 2022, Belgrade’s Pride Information Centre was attacked yesterday by a gang of fans of the Red Star football team, who kicked windows and threw glass bottles. It is the fourth attack on the premises since December of last year and the centre is under police protection. However, although the police were informed of the possibility of this attack, they did nothing to prevent it. The Serbian authorities said they would not investigate the attack since no one was injured and the property was not damaged.

On Saturday, counter-protestors at the Equality March in the Polish city of Lublin were found to be in possession of explosive devices, gas canisters and firecrackers. A couple carrying a home-made bomb was arrested at the beginning of the march and are now being detained for three months before being charged. According to a court expert, the bomb could have caused deaths at the march. 

One week ago in Budapest, on September 26, the neo-Nazi group Our Nation Movement (Mi Hazánk Mozgalom) disrupted a movie screening about tackling bullying LGBTQ youth at schools. Between five and ten members of the group broke into the screening room carrying banners saying “Stop LGBT Propaganda” and “Zero Tolerance”, shouting and insulting the participants.

When the police arrived on the scene they silently stood by and watched as the Our Nation Movement members repeatedly threatened participants with “beating them up” and demanded “banning faggots”. Only when someone poured a cup of yoghurt on the Our Nation Movement banner, did the police intervene.

In all three countries, Hungary, Poland and Serbia, there have been moves to impose restrictions on LGBTI people, and a rise in political anti-LGBTI hate speech.

In 2017 the Hungarian Prime Minister, Viktor Orbán hosted an American Christian organisation that has been accused of being an anti-LGBT hate group. Opening the event, Orbán accused the European Union of being dominated by a “relativising liberal ideology that’s an insult to families.”

In October last year Orbán issued a decree revoking funding for gender studies programmes in Hungarian universities and on September 9 this year, Orbán said that if his candidate is elected the next major of Budapest, he will change the Constitution to ban lesbian and gay people from adopting.

Despite being led by a lesbian Prime Minister, in August of this year, the right-wing Serbian government banned artificial insemination and IVF for anyone who has a history of homosexual relations during the last five years. 

In Poland, the governing Law and Justice (PiS) party have made countering “LGBT Ideology” part of its platform for the country’s October 13 elections. In July, a government-sponsored newspaper issued ’LGBT-free zone’ stickers in advance of an Equality march in the city of Bialystok. A law graduate in the capital of Warsaw compared the stickers to anti-Jew signs displayed by the Nazis in Germany.

Says Katrin Hugendubel, Advocacy Director with ILGA-Europe: “We strongly condemn any attack on LGBTI communities, whatever form they take. Particularly worrying is the escalation in violence in Poland, where explosive devices were taken to the Lublin Equality March, presumably intending to cause grievous bodily harm or death. 

“These attacks are integrally linked to roll-backs in legislation, anti-LGBTI hate speech from those in authority, and in the case of the Serbian and Hungarian attacks, a serious lack of intervention by the police and state authorities. The safety of the LGBTI community is not separate from the safety of all who live in Europe, and the erosion of that safety is a marker for the erosion of all fundamental human rights. That is why now, more than ever, we need governments and international institutions to stand strong on fundamental rights and against hate and discrimination, and we need the next European Commission to adopt an EU-level LGBTI strategy to step up its leadership and actions in the protection of fundamental rights.”

Europe is at a dangerous crossroads and that’s why this is a critical time for the Commission to adopt a comprehensive LGBTI strategy over the next five years, says ILGA-Europe, in advance of the Finnish Presidency conference on advancing LGBTI equality in the EU

On 23 September The Finnish Presidency of the Council of the European Union and the European Commission will host a high-level conference on Advancing LGBTI equality in the EU: from 2020 and Beyond, with speakers from Member States, the European Parliament, the European Commission and international NGOs. The debates and discussions of the conference will inform future policies aiming at advancing LGBTI equality in the EU.

The conference takes place at a time when the erosion of the human rights of LGBTI people along with the rise of anti-LGBT hate rhetoric in some EU countries is putting European democracy  at risk and eroding core founding principles of the EU such as equality, freedom and human dignity. Over the last year, the Polish LGBTI community has been pulled into the middle of political confrontations that are stoking hatred, inciting violence and negatively impacting lives. In the run-up to the European elections and now Parliamentary elections in October, political actors from Poland’s leading Law and Justice (PiS) party – including government ministers – are carrying out a demonisation campaign against the LGBTI community whilst closely siding with conservative religious leaders.

The developments in Poland do not stand alone. In Europe and around the world, there has been a sharp rise in hate and divisiveness, often targeting marginalised groups such as LGBTI people, while in some countries regressive legislation is being introduced. In Bulgaria, the means for trans people to change their names or gender markers on official documents have been removed. In Croatia, government failed to renew action plans on equality.

Meanwhile, the governments of Bulgaria, Hungary and Turkey have failed to uphold fundamental civil and political rights such as freedom of assembly at LGBTI Pride events, freedom of association and protection of human rights defenders.

Anti-LGBTI discourse and legislation are increasingly entering the global political stage and influencing societies, propagated by populist leaders stoking fear and breeding intolerance for the sake of political gain. Politicians in the Bulgarian city of Plovdiv, one of this year’s European Capitals of Culture, campaigned to block an LGBT exhibition. Attacks by the far-right Vox party on LGBTI rights are testing years of political consensus on the issue in Spain, which in 2005 became only the third country in the world to allow same-sex marriage. 

The rights and freedom of LGBTI communities is a litmus test of EU democracy and values, and upholding those rights and freedoms is core to fundamental EU values. 

That is why it is vital at this critical time for the Commission to stand strong on fundamental rights and not let a minority of states erode and undermine EU values. Now more than ever it is time for the Commission to adopt a comprehensive LGBTI strategy that is wholly intersectional and consults with Parliament and civil society on how to mainstream LGBTI rights across its programmes for the next five years. 

An EU LGBTI strategy, adopted and owned by the political leadership of the European Commission would give a very important political sign that the EU will not only continue but also strengthen its work on protecting and advancing the human rights of LGBTI people in the European Union. Also, it will help all Directorate Generals of the European Commission to feel empowered to ensure full implementation of existing commitments and to plan proposals and actions that will advance LGBTI human rights and equality.

A small number of governments may be pushing back on LGBTI rights and freedoms, and engaging in hateful rhetoric, but they threaten the larger body of states that are on the side of human rights at a critical time in Europe and the world.

Says Evelyne Paradis, Executive Director of ILGA-Europe: “The governments of some countries and other forces within the EU are overtly turning the tide on LGBTI and other minority rights, seeking to replace democracy and diversity with ‘traditional values’. Their voices may be loud, but we know that most member states want to see continual progress towards equality for LGBTI people in Europe. 

“The rights and freedom of the LGBTI community are not separate from the rights and freedom of all who live in Europe, and the erosion of those rights is a marker for the erosion of all fundamental human rights. That is why now, more than ever, we need the next European Commission to adopt an EU-level LGBTI strategy.”

In attendance at the Advancing LGBTI equality in the EU: from 2020 and Beyond conference will be the following government representatives:

• Thomas Blomqvist, Minister for Nordic Cooperation and Equality, Finland
• V?ra Jourová, Commissioner for Justice, Consumers and Gender Equality
• Ingrid van Engelshoven, Minister for Education, Culture and Science, The Netherlands
• Terry Reintke, MEP, Co-President of the LGBTI Intergroup of the European Parliament, Greens/EFA (Germany)
• Roberta Metsola, MEP, EPP (Malta)
• Edward Zammit Lewis, Minister for European Affairs and Equality (Malta)
• Rosa Lopes Monteiro, Secretary of State for citizenship and equality, (Portugal)
• Jovana Trencevska, State Secretary (North Macedonia)
• Michael O´Flaherty, Director, Fundamental Rights Agency (FRA)

In a decision issued this morning (17 September), the romanian constitutional court has approved a proposal (by 7 votes to 2) to hold a referendum on the definition of family.

This means that a referendum will now be organised on whether or not to amend the existing definition of family and replace it with text that limits constitutional protection to the marriage of a different-sex couple only.

“This referendum is essentially asking people to approve discriminating against their neighbours, colleagues, friends and family members. Rainbow families, diverse family groups, loving families living in Romania right now are all threatened by this proposal,” said ILGA-Europe’s Advocacy Director, Katrin Hugendubel. “Today, ILGA-Europe would like to reassure the diversity of families in Romania that we see you, we support you and will continue to stand with you.”

Initiated in 2015 by the Coalition for Family (23 NGOs purporting to support family values), the signature collection campaign’s overall aim is to amend the constitutional definition of family, limiting it to the marriage of a different-sex couple.

On 4 September, the Senate’s legal committees approved the initiative to hold a referendum. On 11 September, the Senate, sitting in plenary, approved the initiative by 107 votes; 13 senators voted against.

“Romania has a responsibility to protect all its citizens – straight and LGBTI. The definition of ‘family’ put forward by the supporters of this referendum is frankly inaccurate; it only captures a very limited fraction of what family means to people in 2018. And it is also very out-of-step with reality and with the diversity of families being recognised by international human rights bodies and European courts.” said ILGA-Europe’s Litigation Officer, Arpi Avetisyan.

As the referendum timeline becomes clearer, ILGA-Europe will continue to work closely with LGBTI activists and organisations in Romania during the campaign.

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• Romania is 35^th in the latest Rainbow Europe ranking on law and policy, published in May 2018; rainbow families currently have no legal protection.
• The proposal suggests altering Article 48.1 which currently states that “The family is founded on the freely consented marriage of the spouses, their full equality, as well as the right and duty of the parents to ensure the upbringing, education and instruction of their children”. The rewording aims to remove the reference to “spouses”, replacing it with a specific reference to one man and one woman.

With the highest voter turnout the European elections has seen since 1994, so too arrives the largest number of MEPs elected committed to LGBTI equality.

ILGA-Europe is ready to work with the 215 MEPs from eight different political groups who signed our ComeOut  pledge and thus promised to actively protect and progress the human rights of all LGBTI people in Europe and beyond concretely at EU level.   

“There is both a strong will and urgent need for LGBTI equality to be a definitive political priority over the next five years at EU level. This is clear, not just from the sheer number of MEPs that have pledged to work with us, but also from commitments made by the main political party leaders. A first crucial order of business is to harness all this support to make sure that LGBTI equality features explicitly as a priority of the next EU Commission in the form of a robust and comprehensive EU strategy on LGBTI human rights.” said ILGA-Europe’s Executive Director, Evelyne Paradis.

With over 1650 candidate signatures across all EU Member States, ILGA-Europe’s ComeOut campaign showed how much support for LGBTI equality has grown within the EU, and this amidst an increasingly polarised social and political climate at both national and supranational levels.

“It is truly encouraging to see the large number of candidates from many different political groups who rallied around our call for equality. In today’s world, cross-party support is the best response to anyone who fuels polarisation and division. It is a clear sign that our work is about standing up for inclusive and fair societies” said Paradis. “We look forward to working with our ComeOut elected MEPs through a re-established LGBTI intergroup which will not only ensure solid, strategic and meaningful collaboration across parties, but also hopefully build strong alliances with other groups in the Parliament to secure human rights, freedom and equality for all in the EU.”

What can MEPs who signed the ComeOut pledge concretely do to advance LGBTI equality?

Over the next five years, we will need strong efforts from the European institutions, ensuring full protection against discrimination for LGBTI people and finally advancing the protection of human rights of trans and intersex people.

ILGA-Europe needs our supporters to lend all their support to ensure that the EU Commission adopts a strong EU strategy on LGBTI equality. Within this framework, we will need the active support of MEPs on the following specific policy and legislative priorities as outlined via ILGA-Europe’s ComeOut pledge:

• Work to close gaps in legal protection on grounds of sexual orientation, gender identity and sex characteristics in the areas of anti-discrimination, hate crime and hate speech
• Support adoption of concrete policies for trans and intersex people in the EU
• Ensure that concrete measures are taken to effectively stop online hate speech, including against LGBTI people
• Ensure the adoption of measures which raise protection for LGBTI asylum seekers, including the adoption of the reformed Common European Asylum System
• Ensure the effective implementation of last year’s Coman judgement which confirms that freedom of movement should be equally available to same-sex couples and their families
• Support the work of LGBTI organisations and human rights defenders by ensuring continued, accessible EU funding, by actively challenging any restrictions to civil society space and to the rule of law, and by holding EU member states accountable to their commitments.
• Bring underrepresented voices of the LGBTI community to the table, and raise awareness about their issues placed on the EU agenda.
• Harness their influence as an MEP to advance human rights, equality and inclusion for all both within and beyond the EU, whilst engaging with activists and civil society organisations is crucial.

Rainbow Europe 2019 reveals not only a standstill in a significant number of European countries but a visible backslide on laws and policies safeguarding equality and human rights of lesbian, gay, bisexual, trans and intersex (LGBTI) people.

Officially unveiled today in Oslo (13 May 2019) at the annual intergovernmental Forum marking the International Day against Homophobia, Biphobia, Transphobia, and Interphobia (IDAHOBIT), the 2019 Rainbow Europe Map is sending an unequivocal message to national governments and European institutions alike: we can no longer ignore to the backlash!

Decline is indeed clearly noticeable on this year’s Rainbow Map, ILGA-Europe’s annual benchmarking tool, which ranks 49 countries in Europe on their LGBTI equality laws and policies. For the first time in the Index’s ten-year history, countries are moving backwards as existing laws and policies disappeared: Poland no longer provides access to medically assisted reproduction for single women, while Bulgaria removed all their administrative and legal procedures for changing name or gender marker in the official documents for trans people. Serbia and Kosovo did not renew their equality action plans. Bulgaria, Hungary and Turkey are countries which slide back on the ranking because of their governments’ failure to uphold fundamental civil and political rights such as freedom of assembly, freedom of association and protection of human rights defenders over the past year. The result is an increasingly unsafe and unsustainable environment for LGBTI organisations and human rights defenders in a growing number of countries.

“If ever there was a time to put high political priority on LGBTI equality, it is now! Last year, we warned about the dangers of thinking that the work was done. Sadly, this year, we see concrete evidence of roll-back at political and legislative levels in a growing number of countries. There is no more time to waste. In the current increasingly polarised social and political climate, laws and policies are often the last lines of defence for LGBTI communities. That’s why we need national and European decision-makers to redouble efforts to secure equality in law and in practice for LGBTI people.”

EVELYNE PARADIS, EXECUTIVE DIRECTOR, ILGA-EUROPE

The 2019 Rainbow Europe also tells the story of an evolving movement. The 10^th edition of the Index introduces changes in the weight given to different issues it captures. As a result, it gives a more accurate picture of what LGBTI people really need and what matters to the lives of different parts of the LGBTI communities. The message is clear: for our movement in Europe, equality and non-discrimination laws, legal gender recognition, bodily integrity, protection from hatred and violence, and family rights are all interconnected and equally essential for the full enjoyment of human rights for LGBTI people.

“For years, we have said that marriage equality was an important signifier of equality, but not the be-all and end-all for LGBTI people. What is also crucial for our communities are effective laws to recognise rights of trans people to self-determination, robust protection against LGBTI-phobic violence and speech, equal access to reproductive rights, and prohibiting medical intervention on intersex children. Our revised index makes this fact clearer now. The countries that are expanding their legislative horizons to embrace this vision of equality for LGBTI people are the ones moving ahead. We are heartened to continue to see examples of governments demonstrating leadership in this direction, as Luxembourg and Finland did over the past year.”

MICAH GRZYWNOWICZ, CO-CHAIR, ILGA-EUROPE EXECUTIVE BOARD

Over the last 10 years, the legal and human rights situation of LGBTI people has dramatically changed and the patterns on the Map have started to show different stories year after year. Every year, some countries surprise us by taking significant steps towards the best existing standards, leaving other countries, once known to lead on LGBTI equality, further behind.

“To all governments who are serious about LGBTI equality, consider Rainbow Europe to be your roadmap! We know what is needed and the formula for success is obvious: Laws and explicit policies matter. Political leadership matters. Add to this mix meaningful engagement with communities and civil society and you can make a real difference in the lives of LGBTI people.”

DARIENNE FLEMINGTON, CO-CHAIR, ILGA-EUROPE EXECUTIVE BOARD

Rainbow Europe 2019 – executive summary

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

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

Top 3 on Country Ranking	Bottom 3 on Country Ranking
1. Malta 90%	47. Armenia 7%
2. Belgium 73%	48. Turkey 5%
3. Luxembourg 70%	19. Azerbaijan 3%

For the fourth year in a row, Malta (90%) appears at the top of the Rainbow Europe country ranking. Belgium got the second place for the second time with their score 73%. Luxembourg now occupies third place (70%) – this is a rise of seventeen places (20^th position in May 2018), mainly fuelled by the well-modified legal gender recognition law based on self-determination and a comprehensive national action plan. The three countries at the other end of the Rainbow Europe scale are Azerbaijan (3%), Turkey (5%), and Armenia (7%) completing the list of 49 countries. Turkey’s place has been decreasing since 2015.

In order to create our country ranking, ILGA-Europe examine the laws and policies in 49 countries using a set of criteria – from May 2019, the number of individual criteria used rises to 69. These criteria are divided between six thematic categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition and bodily integrity; civil society space; and asylum.

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

ILGA-Europe are also very proud to announce that policymakers, researchers and journalists are able to go ‘behind’ the dots 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 & Index presents a picture of what the policy landscape is like right now, while our country-specific recommendations attempt to answer the question “what’s next?” These recommendations for national policymakers are intended to encourage policymakers to address the most pressing legal and policy priorities within the framework of our Rainbow Map & Index.

While ILGA-Europe are urging national authorities to follow these recommendations, we did not come up with the suggestions unilaterally. 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.

ILGA-Europe and 21 other civil society organisations and unions today launch #ElectNoHate, our joint call for EU elections campaigning free from hate speech and divisive rhetoric, which legitimise hateful actions and pose a threat to human rights.

MEP candidates, politicians, the media and those in the public eye are asked not only to avoid engaging in, or amplifying, rhetoric that may incite discrimination, prejudice or hatred on any grounds, but also to actively counter it.

The diversity of organisations behind this appeal – working across the EU for justice in the areas of human rights, labour rights, development and the environment – reflects how hate speech and divisive rhetoric inextricably pervade and threaten all aspects of our lives, most notably in the context of populism and extremism.

“At a time when hate speech and divisive rhetoric cause a worrying backlash and backsliding for all human rights across Europe, ILGA-Europe considers it crucial to unite with a broad and diverse alliance of organisations to take a clear stand against hate speech and divisive rhetoric targeting any community.” commented ILGA-Europe’s Executive Director Evelyne Paradis.

She added: “The protection of one group must never be used as an excuse for discriminating against others. This is why all EU election candidates signing ILGA-Europe’s ComeOut pledge are also requested to sign the #ElectNoHate appeal.”

In Europe and elsewhere, recent evidence highlights how hate speech and divisive rhetoric lead to harm in everyday life.

A 147% spike in homophobic and transphobic hate crimes (1) and a 41% increase in the number of racially or religiously aggravated crimes (2) following the Brexit referendum campaign is a stark example of this. Women – who are in general 27 times more likely than men to be harassed online (3) – also experience exceptionally high levels of violence in politics, with 85.2% of women reporting having suffered psychological violence while in office. (4)

The list of signatories are as follows:

• Amnesty International Europe
• A.R.T Fusion Romania
• Associazione Crea
• Corporate Europe Observatory
• Culture Action Europe
• European Alternatives
• European Disability Forum
• European Movement International
• European Network Against Racism
• European Roma Grassroots Organisations Network
• European Trade Union Confederation
• Fern
• Friends of the Earth
• Greenpeace
• Human Rights Without Frontiers
• IGLYO
• ILGA-Europe
• IPPF European Network
• Light for the World International
• Riksförbundet För Sexuell Upplysning
• Social Platform
• TGEU

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1. ?The Hate Crime Report 2016: Homophobia, biphobia and transphobia in the UK [Galop, 2016]
2. Hate crime, England and Wales, 2015 to 2016 [UK Home Office], https://www.gov.uk/government/statistics/hate-crime-england-and-wales-2015-to-2016
3. #HerNetHerRights: Mapping the state of online violence against women & girls in Europe [European Women’s Lobby, 2017],https://www.womenlobby.org/IMG/pdf/hernetherrights_report_2017_for_web.pdf

From the landmark Coman Case to the ban on LGBTI events in Ankara ILGA-Europe’s 2019 Annual Review reveals both achievements gained and challenges ahead for the LGBTI movement across the region.

The ILGA-Euroope Annual Review’s presentation of the human rights situation of LGBTI people highlights the advancement and stagnation of equality laws and policies, while providing concrete examples of on-the-ground situations in each of the 51 countries documented.

Presented to high-level EU officials in Brussels this morning, it was noted as coming at a crucial time for reflection of political, legal and social developments, with the European elections just around the corner.

“While we celebrate achievements, our movement is all too aware of the multiple challenges that lie ahead. For example, too few European countries are taking the necessary measures to ensure that LGBTI refugees and asylum-seekers are treated with adequate rights, despite the increasing urgency to do so,” stated Evelyne Paradis, Executive Director for ILGA-Europe.

“We also see recurring trends including widespread hate speech by public figures and religious leaders, public authorities banning or failing to protect prides and other public events, and attacks against human rights defenders. With these challenges in mind, we call on political leaders to commit to supporting and furthering the advancement of human rights that LGBTI people both need and deserve.”

While the Review provides in-depth specific examples for each country, notable highlights include:

• Two Central Asian countries included in the Review for the first time: Tajikistan and Kyrgyzstan.
• A clarification by the EU Court of Justice on the term “spouse” as inclusive of same-sex couples in the Freedom of Movement Directive – meaning all couples must be treated equally across EU member states when exercising their right to freedom of movement
• Anti-gender and -LGBTI narratives in surrounding the Istanbul Convention on preventing and combating violence against women and domestic violence
• Increased safety and security risks for human rights defenders with targeted physical and verbal attacks, torture, deaths and infringements on freedom of assembly, association and expression reported across Europe
• A number of Universal Periodic Review recommendations issued including on hate speech, investigation into violence, detentions and killings of LGBTI people, banning unnecessary medical interventions on intersex children and protection of freedom of assembly

This year’s Annual Review marks the first to come preceding ILGA-Europe’s Rainbow Map & Index, which will reflect the review’s findings on its release this coming May.

• Now digital and newly formatted as country-by-country interactive factsheets, it is available to download here.

Today, as Europe faces a social and political climate of uncertainty and polarisation, ILGA-Europe formally launches ComeOut – our campaign for the 2019 Eu elections.

From 23 – 26 May, the public will vote in Members of the European Parliament (MEPs), who over the next five years will act as the voice of more than 500 million Europeans.

The very core values on which the EU is founded – respect for human dignity and human rights, freedom, democracy, equality and the rule of law – are being called into question.

Human rights – in particular, those of LGBTI people – are facing a forceful challenge.

The time for an EU that defends its own values is now. 

ILGA-Europe seeks to unite the voices of fellow civil society organisations, activists and the public at large in our call for a Europe that defends all human rights.

We are asking MEP candidates to sign our ComeOut pledge publicly, committing them to:

• Strengthening protection in EU law and policy
• Ensuring an enabling environment for LGBTI human rights defenders
• Ensuring EU leadership on LGBTI rights
• Harnessing the power of their position
• Being an ally to under-represented voices

Yesterday evening in Strasbourg, candidates from all major EU political parties (EPP, S&D, ALDE, GUE/NGL, Greens-EFA) were the first to officially sign the pledge.

“While the legal and policy situation for LGBTI people has progressed in some areas of Europe, backlash and backsliding have occurred in others – largely as a result of stagnation,” commented ILGA-Europe’s Executive Director Evelyne Paradis.

“We urgently call on candidates for the European Parliament to step up against the current threatening wave of populism and extremism, and make a commitment to protecting, supporting and empowering the citizens they represent, and their fundamental rights.”

• For more information on our campaign and to get involved, follow our hashtag #ComeOut4EU.
• Download the Come Out Pledge in PDF version and start calling the candidates in your country to sign it.
• Watch the launch event that took place in the European Parliament in Strasbourg on 13 February:

Press Statement: Today, on 14 February 2019, the European Parliament has adopted a landmark Resolution on the Rights of Intersex People.

By adopting this resolution, the European Parliament sets a clear standard within the European Union for the protection of intersex people’s bodily integrity and human rights. The resolution complements the ground-breaking 2017 intersex resolution ‘Promoting the human rights of and eliminating discrimination against intersex people’ adopted by the Parliamentary Assembly of the Council of Europe.

“We applaud the European Parliament for issuing this outstanding resolution”, says Kitty Anderson, Co-Chair of OII Europe. “It is clearly based on an in-depth knowledge about the human rights violations that intersex people face in within the European Union.”

“ILGA-Europe enthusiastically celebrates this historic resolution as the fruit of enormous labour on the part of intersex activist across Europe”, adds Evelyne Paradis, Executive Director of ILGA-Europe.

In its resolution, the European Parliament “strongly condemns sex-normalising treatments and surgery” and encourages Member States to adopt legislation that protect the bodily integrity of intersex people “as soon as possible”. It also confirms that intersex people are “exposed to multiple instances of violence and discrimination in the European Union” and calls on the European Commission and the Members States to propose legislation to address these issues.

Other issues addressed by the resolution include the need of adequate counselling and support for intersex people and their families, measures to end the stigma and pathologisation intersex people face and increased funding for intersex-led civil society organisations. During the debate which preceded the voting, the members of the European Parliament almost unanimously spoke in favour of the resolution and emphasised that “human rights violations experienced by [intersex people] are significant” and that “there is nothing unhealthy about being intersex”.  Minister Delegate George Ciamba, in his statement for the Romanian presidency, confirmed that “extending the right to equal treatment to intersex people is entirely within the spirit of our common European values and of our common campaign for inclusiveness”.

“This resolution is setting a standard within the European Union”, says Dan Christian Ghattas, Executive Director of OII Europe. “To date the United Nations treaty bodies have reprimanded EU Members States 22 times. Ten times alone in the past two years. A 2019 German study which compares the annual numbers of so-called ‘normalising surgeries’ on children from age 0 to 9, shows no decrease of these interventions – despite the fact that in Germany intersex human rights violations have been addressed since the nineties and have been increasingly in the open and on the political agenda since the CEDAW recommendations issued in 2008. We need Member States and the European Commission to step up. On a European level we need a clarification that intersex people are protected against the discrimination and other human rights violations they face and are explicitly included under the protective ground of “sex”.”

“Putting an end to genital mutilation of intersex infants and children is a matter of urgency and the European Parliament is very clear about that,” states Miriam van der Have, Co-Chair of OII Europe. “As for the EU Member States, the EP resolution has set a clear agenda for the next steps that they need to take to protect intersex people’s rights: Member States need to establish legislation that prohibits unconsented non-vital medical interventions; they need to include intersex people in anti-discrimination legislation and to implement measures that establish adequate non-pathologising counselling and support for intersex children and adults and their families; and they need to increase funding for intersex organisations because these are key in raising awareness about intersex people’s needs.”

• OIIEurope and ILGA-Europe were consulted by the LGBTI Intergroup and the LIBE Committee of the European Parliament in preparation of this resolution.
• This is a joint press statement of OII Europe and ILGA Europe.

Today the European Parliament adopted two lgbti resolutions clearly calling for a strong agenda for the protection and furtherment of LGBTI equality and human rights in the next European Commission’s term. 

The passing of a resolution on the future of the LGBTI List of Actions unites the European Parliament with 19 member states, who in December signed a call initiated by the Maltese government calling for an EU LGBTI strategy for 2019 – 2024.

“In the current political climate where LGBTI strategy both in the Council and the European Parliament are challenged by a small but loud opposition, this strong call by the European Parliament for the European Commission to not sway but to ensure an even stronger commitment to work on LGBTI rights in the future, is very much needed”, says Katrin Hugendubel, Advocacy Director of ILGA-Europe. 

The resolution clearly calls on the Commission to ensure that LGBTI human rights are given priority in its work programme for 2019-2024, and to develop a LGBTI strategy for its next term, in consultation with the European Parliament and civil society organisations.

The European Parliament reiterated one of the demands ILGA-Europe sets out in its ComeOut pledge  campaign for the European Parliament elections, which was launched today.

“The last five years showed clearly that a strategic commitment such as the LGBTI list of actions allows the European Commission to be more ambitious in its work on progressing LGBTI equality. It is important to build on the progress of the list of actions in the next term,” notes Evelyne Paradis, Executive Director of ILGA-Europe.

Second resolution on intersex rights

A second historical resolution adopted today focuses on the human rights of intersex people. Here, the European Parliament is not only acknowledging the ongoing human rights violations intersex people still face in the EU today, but also sets out clearly what needs to be done both on national and EU level, such as ensuring protection against any form of discrimination under the ground “sex” and putting in place legislation  that will finally ensure a protection of intersex people’s bodily integrity. 

Addressing the first candidate signatories of the ComeOut pledge, Secretary of OII Europe Kitty Anderson said “When the resolution was announced, I got messages all over Europe from intersex activists saying they felt heard and protected.”

“This is a monumental step forward for the rights of intersex people and is something we can truly build on.”

“Intersex rights need to be clearly integrated into all work of the EU institutions in the future, and the future LGBTI strategy needs to set out clearly how the European Commission will work to ensure the full protection of intersex human rights, including supporting member states in putting in place legal protection of intersex people’s bodily integrity,” Paradis adds.

• Read more about the common paper prepared by the Maltese government and signed by 19 member states in December 2018, calling for continued efforts within the EU to ensure full protection of LGBTI rights.
• See OII-Europe and ILGA-Europe’s join statement from earlier today about the landmark resolution on the rights of intersex people. 
• Yesterday evening in Strasbourg, candidates from all major EU political parties (EPP, S&D, ALDE, GUE/NGL, Greens-EFA) were the first to officially sign our Come Out Pledge. Read more about our brand-new campaign for the European Parliament elections here. 

‘Funding for LGBTI Activism in Europe and Central Asia’, report launched by ILGA-Europe and the Global Philanthropy Project.

Research carried out by ILGA-Europe and the Global Philanthropy Project reveals one in three LGBTI organisations in Europe and Central Asia received no external funding in 2017.

The report shows that the most important strategies identified by activists are poorly funded. These strategies include countering populist and right-wing movements, providing emergency support and supporting LGBTI communities.

“In the current socio-political context, LGBTI people and activists are often at the forefront of suffering from rising populism and extremism. But LGBTI activists who are working to resist from groups and institutions a rollback of rights, protections and equal opportunities across the region, are doing so with a lack of sufficient resources.” notes ILGA-Europe Programmes Director Björn van Roozendaal.

It is increasingly clear that backlash against equality and threats to civil society support are no longer limited to Eastern Europe, but are also occurring across Western Europe.

Recent examples include public manifestations of transphobia trying to block access to human rights for trans people in the UK, an attack on a LGBT centre in Barcelona by right-wing extremists and an orthodox declaration against the human rights of LGBTI people in the Netherlands.

“Overall resources and capacity in the region don’t match the challenges at hand, thereby increasing the potential that we could rapidly lose ground. This is why there is an urgent need for governments and other funders to step up their support and make sure civil society groups get access to more and better funding across Europe. And that they do so now.” added van Roozendaal.

The data also points to several areas of organising that can help respond against the backlash, including supporting LGBTI groups working who work with underrepresented groups within the LGBTI community, such as trans and intersex people, as well as LGBTI migrants and refugees. 

Read the report:

The new report compares the key findings from ILGA Europe’s 2018 Funding for LGBTI Activism in Europe and Central Asia: Priorities and Access to Resources report with a deeper-dive analysis of European and Central Asian grantmaking data from the 2015-2016 Global Resources Report: Philanthropic and Government Support for Lesbian, Gay, Bisexual, Transgender, and Intersex Communities.

Majority of EU member states clearly speak out that the EU needs to stand firm regarding the protection of the rights of LGBTI people.

Today, 19 EU member states signed a common paper prepared by the Maltese government, calling for continued efforts within the EU to ensure full protection of LGBTI rights. The paper called on the next European Commission to ensure strong follow-up of the current EC LGBTI list of actions and adopt a coherent EU LGBTI strategy.

The signatory countries of the paper are Malta, Czech Republic, Italy, France, Slovenia, Germany, Belgium, Luxembourg, Netherlands, Spain, Portugal, Greece, UK, Ireland, Finland, Sweden, Denmark, Estonia, and Cyprus.

In the EPSCO Council debate this afternoon, the signatory member states showed an immediate commitment to ensure that the EU lives up to obligations to protect LGBTI rights, refusing to accept to adopt Council Conclusions regarding “gender equality, youth and digitalization”, from which the Austrian Presidency had deleted a reference to LGBTIQ people on the request of Poland and Hungary.

“It was very reassuring today to see a majority of member states drawing a line and speaking out clearly and strongly about the fact that taking out a reference to LGBTIQ people as protected group is unacceptable.” said ILGA-Europe’s Executive Director Evelyne Paradis. “We would like to thank all member states who spoke out and stopped this attempt that would have marked a clear step backwards from EU treaty obligations and agreed text within the EU institutions. “

Over the last two years, Poland and Hungary several times explicitly called for the exclusion of LGBTI people from EU protection, both in the European Council and before the European Court of Justice.

“It was important that member states today were clear that this is unacceptable. As regrettable as it is, that this means that Council Conclusions could not be adopted, the EU cannot be taken hostage by 2 countries and be forced to dismantle agreed non-discrimination standards.” commented ILGA-Europe’s Advocacy Director Katrin Hugendubel.

ILGA-Europe will built on the support shown today and will continue to work with member states and the European institutions to ensure that all ground set out in the Charter of Fundamental Rights are equally protected in EU policymaking. A strong commitment from the EC in the form of an LGBTI strategy for the next mandate will be key to close protection gaps for LGBTI people.

Read the joint paper in full here.

In recent days, Armenia’s LGBTI community has been seriously failed on multiple occasions by national authorities after concerted attacks by conservative groups. This is a grievous betrayal of their responsibilities under international human rights law.

On 6 November, the organisers of the annual Eastern European and Central Asia Forum Conference of LGBTI+ Christians were forced to cancel the 2018 event, scheduled to take place in Yerevan on 14-18 November.

This decision was forced upon the organisers after a series of death threats, vandalism and homophobic acts directed at (perceived) LGBTI people in Armenia.

“ILGA-Europe are demanding a swift response from national authorities in Armenia – they must investigate these attacks, hold the perpetrators accountable and defend their LGBTI citizens.” said ILGA-Europe Executive Director Evelyne Paradis.  “Attacks of this nature cannot be dismissed or ignored.”

Local host organisation ‘New Generation’ had to suspend its work after staff members were intimidated by anti-LGBTI activists and its director’s car was vandalised. Several tourists who were thought to be Forum attendees were violently assaulted on the street in early November and Forum participants received hundreds of death threats on social media.

Politicians and law enforcement agencies alike have failed to live up to their responsibility to protect the lives and physical integrity of their citizens. Even more worryingly, in some cases, they have actively escalated the tension.

Not only have the police failed to offer significant protection to the victims of these death threats, opposition political parties have mobilised right-wing extremist groups and been the source of these threats themselves. Also, on 24 October, Prime Minister Nikol Pashinyan referred to LGBTI equality as a ‘headache’ during a parliamentary discussion of the Forum, saying that ‘family values’ are the most important thing for him.

“The Prime Minister’s statements have contributed to a claustrophobic climate, making it almost impossible for LGBTI human rights defenders to work. LGBTI human rights defenders stand for family values for all people – and every family is deserving of the state’s protection.” commented ILGA-Europe’s Programmes Director, Bjorn van Roozendaal.

In the wake of death threats and increasingly violent hate speech directed towards the LGBTI community, Armenia’s government and law enforcement agencies must provide adequate safeguards for the LGBTI community and its allies.

ILGA-Europe call on regional and international organisations to utilise all mechanisms available to them in order to ensure Armenia adheres to its human rights obligations.

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• As of 2018, Armenia currently sits at 48^th place (out of 49 countries) in the Rainbow Europe ranking on LGBTI law and policy.
• The latest update from the European Forum of LGBT Christian Groups and the “New Generation” Humanitarian NGO is available here.
• The Forum Conferences of LGBT Christians of Eastern Europe and Central Asia has taken place since 2004 in various countries (Ukraine, Russia, Estonia, Moldova, Romania). The event brings together 60–70 LGBTI people of faith, activists, church ministers, and psychologists for several days of intensive networking, discussions, sharing, and prayer.

The first comprehensive report issued by an international organisation on the widespread human rights abuses inflicted on the LGBTI communities in Chechnya was adopted last night.

The Parliamentary Assembly of the Council of Europe (PACE) has adopted the Report on the Persecution of LGBTI people in the Chechen Republic (Russian Federation) compiled by Piet De Bruyn, General Rapporteur on the rights of LGBTI people.

The report was adopted unopposed (with 33 votes in favour and one abstention). 

ILGA-Europe welcome this important report (the first of its kind from an international organisation) on concerted persecution of LGBT people (and those perceived to be LGBTI) perpetrated by authorities in the Chechen Republic of the Russian Federation over a year ago.

“Not only is the report (on which the final PACE resolution is based) the first of its kind from an international institution, it’s a critical reminder for the world that the repression of the LGBTI communities in Chechnya is not over.” said Evelyne Paradis, ILGA-Europe Executive Director in reaction to the vote.

“A full independent investigation, carried out without delay – that is what is still urgently needed. And this report is unequivocal: if the Russian authorities do not act, then the international community must conduct such an investigation. We commend Piet de Bruyn on his dedication and for bringing the voices of LGBTI people in Chechnya back into the spotlight.”

The report is based on first-hand accounts, interviews with victims, civil society organisations, investigative journalists, as well as secondary sources, such as NGO and media reports. It recognises that the “anti-gay purge was unique in its magnitude and its horror”, expresses regret that the Russian state has not conducted an investigation despite overwhelming evidence regarding the perpetration of these crimes.

One victim has lodged a formal complaint, documenting the harassment and violence that they suffered. The PACE report emphasises that this does not absolve the Russian authorities of their responsibility to conduct a thorough investigation into the broader persecution campaigns.

It calls on the international community to (should the lack of action on part of the Russian authorities continue) conduct an investigation independently to ensure that no impunity exists for perpetrators, and thus prevent the risk of spill-over to other nations. The report also highlights the link between the persecutions and the existence of the so-called anti-gay propaganda legislation in Russia, which “contributes to stigmatising LGBTI people and creating a fertile ground for hatred”, and calls on the Council of Europe to renew calls for this law to be repealed.

Furthermore, the report calls on member states of the Council of Europe to welcome asylum seekers from Chechnya to ensure the safety of victims and their families, as well as all LGBTI people living in a republic the leader of which aims to “cleanse the nation of all deviations”.

ILGA-Europe joins the calls made in the Report on the Persecution of LGBTI people in the Chechen Republic, and urges governments to ensure that the horrific human rights violations perpetrated by authorities in Chechnya against (perceived) LGBTI people are not forgotten.

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• The report by Piet de Bruyn is available here.
• The final PACE resolution (as adopted on 27 June) is available here.

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Background to the report:

The persecutions were first publicly documented on 1 April 2017 by Russian newspaper Novaya Gazeta. The abuses included abduction, arbitrary detention, torture and even killing, of over a hundred (perceived) gay men, and several LBT persons.

In total, over 300 people were affected, and over a hundred fled the republic. At least three people were confirmed to have died as a result of the torture they experienced, with several others suspected of being killed by their families in so-called honour killings. 

Yet, over a year later, no investigation has been conducted by the Russian authorities despite overwhelming evidence.

In a landmark decision, issued this morning in what has come to be known as ‘the Coman case’, the Court of Justice of the European Union has defined the term ‘spouse’ for the purposes of freedom of movement for the first time.

The CJEU judgment confirms that same-sex spouses of EU citizens are included in the definition, after a positive recommendation from the case’s Advocate General in January.

In a press release published this morning, the court notes that “…in the directive on the exercise of freedom of movement the term ‘spouse’, which refers to a person joined to another person by the bonds of marriage, is gender-neutral and may therefore cover the same-sex spouse of an EU citizen…”.

Today’s judgment means that all EU Member States must treat same-sex couples in the same way as different-sex couples when they exercise freedom of movement rights. Same-sex spouses of EU nationals must now be recognised and granted residence rights on an equal basis.

“Equality, fairness and pragmatism were at the core of today’s verdict from Luxembourg. The CJEU has acknowledged that rainbow families should be recognised equally in the eyes of the law on freedom of movement. Now we want to see the Romanian authorities to move swiftly to make this judgment a reality.” said Evelyne Paradis, ILGA-Europe Executive Director, as the decision was announced.

This momentous decision is the result of a lengthy legal challenge brought by Adrian Coman and Clai Hamilton, supported by Accept Association.

“We can now look in the eyes of any public official in Romania and across the EU  with certainty that our relationship is equally valuable and equally relevant, for the purpose of free movement within the EU. We are grateful to the EU Court and to the many people and institutions who have supported us, and through us, other same-sex couples in a similar situation. It is human dignity that wins today.” commented Adrian Coman this morning. 

The Coman case clears up the legal uncertainty that many rainbow families currently face – on the one hand, EU law provided protection against sexual orientation discrimination and allowed for freedom of movement, but the EU’s law also left couples at the intersection of these situations in legal limbo. Following today’s ruling, that contradictory scenario will be eradicated.

“From the first moment that ILGA-Europe intervened as a third party in the Coman proceedings at national level in 2016, we could see the immensely positive impact the case could have. It will increase legal protection and certainty for same-sex couples – something that should not be underestimated. This clarity will be felt not just by couples in Romania, but all over the EU, highlighting the power of strategic litigation and the enduring relevance of the EU and its laws in people’s lives.” remarked Arpi Avetisyan, ILGA-Europe Litigation Officer.

Romania currently sits at 35^th place out of 49 countries on ILGA-Europe’s Rainbow Europe ranking of LGBTI law and policy and same-sex couples currently have no legal protection.

Romani?a Iordache, Vice President of ACCEPT Association and member of the legal team reacted: “Today, Adrian, Clai and ACCEPT won a great victory for same-sex couples across Europe. Starting from this moment onward, all EU norms applying to spouses should also equally to all same-sex families. Romanian authorities now have an obligation to respect the CJEU decision, and ensure residency rights and minimal recognition for all same-sex families in a similar situation.”

ILGA-Europe send all our congratulations to Adrian, Clai and everyone who has supported them on this journey! Their experience means that, in future, same-sex couples and their families will be able to move within in the EU and live their lives free from barriers that once separated them from their family.

Read our Q&A on the Coman Case Judgement here.

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• ACCEPT Association’s press release on the judgment is available here (in Romanian).
• In 2016, the Romanian Constitutional Court referred the case to the Court of Justice of the European Union, and on 21 November 2017, the Grand Chamber composed of 15 CJEU judges held a public hearing. The Court was being asked to interpret the word “spouse” in the context of EU law on freedom of movement.
• The Coman case relates specifically to freedom of movement; today’s decision does not have any automatic implications for EU Member States in relation to marriage legislation at national level. 
• The full judgment is available from the Court’s website (in multiple languages); the CJEU’s initial press release is available here.
• A Q&A on the Coman case is available here.

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.

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• Access Rainbow Europe 2018 here

Update on the veto issued on 9 May by President of portugal, Marcelo Rebelo de Sousa.

Portuguese President Marcelo Rebelo de Sousa has chosen to veto the ground-breaking law passed by parliament on 13 April, proposing self-determination for trans people and banning unnecessary surgeries on intersex people. The announcement, issued late on Wednesday night (9 May 2018) is frustrating but not fatal.

The veto appears to centre on the legal gender recognition process for minors in Portugal, with the president suggesting that minors should have to obtain a medical opinion in order to change their gender marker.

ILGA-Europe, Transgender Europe-TGEU and OII Europe echo the call of the trans community in Portugal by reminding the President that equality for a few is not true equality. Young people must be able to access a legal gender recognition procedure that is fair and trusts them to know who they are.

The law received the support of a parliamentary majority, after MPs heard directly from trans people, their parents and families, LGBTI activists and experts. 

As our member organisation ILGA Portugal commented last night: “We believe that the Portuguese Parliament has the power to overcome this veto and… it is necessary to take this path to the full guarantee of Human Rights for all trans persons”.

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• For up-to-date information on the legal and policy situation for LGBTI people in Europe, visit our Rainbow Europe Module. 

• The President’s statement on the veto is available here.
• The Council of Europe’s PACE General Rapporteur on the rights of LGBTI people Piet De Bruyn recorded a video message in support of the proposed law earlier this year. 
• ILGA-Europe, TGEU and OII Europe had written directly to President Marcelo Rebelo de Sousa on 27 April, urging him to sign the law.

The Portuguese parliament has voted to adopt a ground-breaking law which better protects and respects the right to self-determination and bodily integrity of trans and intersex people.

“Portugal is really making history today – this law will make Portugal only the second country worldwide to outlaw medically unnecessary treatments on intersex kids.” said Katrin Hugendubel, ILGA-Europe’s Advocacy Director, in reaction to the vote. 

The law was supported by members of parliament this afternoon, following two years of very hard work by LGBTI activists in Portugal.

As a result, when this law comes into effect:

• People will be able to change their legal gender through a procedure based on self-determination. This means that the law finally recognises and respects that trans people themselves know best who they are and how they identify.
• Trans people will no longer need to be diagnosed with gender identity disorder in order to have their gender legally recognised.
• Young people aged 16 and older will be able to access this procedure.
• It will become illegal to perform unnecessary surgery on intersex children.

Portugal joins its European neighbours (Malta, Norway, Denmark, Ireland and Belgium) in opting for a model based on self-determination. Encouraging as it is that the number of countries who opt for this model is growing, there are still too few and more governments need to show leadership here.

However, the current law is silent about a number of critical questions. Now a lot of work needs to be done to ensure that this law is implemented effectively – through guidelines for the health care and education sector for example – to best protect the fundamental rights of trans and intersex people and addresses concerns raised by LGBTI NGOs during the drafting phase.

Hugendubel continued “ILGA-Europe are very relieved that the law based on self-determination was adopted and that it will be accessible to everyone over 16. We are also encouraged that politicians (despite the fact that some parties’ commitment to equality seemed to be wavering in the past few weeks) ultimately voted in favour of respect and common sense. We congratulate Portugal – and look forward to celebrating with our members and friends at the 2018 IDAHOT Forum taking place in Lisbon next month!”

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• The Council of Europe’s PACE General Rapporteur on the rights of LGBTI people Piet De Bruyn recorded a video message in support of the proposed law earlier this year.
• The new law will not immediately come into effect; the act now needs to be approved by the President and then published in the official state journal.
• The final vote figures were being confirmed by activists attending the parliament’s plenary session at the time of this release, but the law was passed in the plenary vote at 13.30 CEST.