Combating rising hate against LGBTI people in Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 25 January 2022 (3rd sitting) (see Doc. 15425, report of the Committee on Equality and Non-Discrimination,
rapporteur: Mr Fourat Ben Chikha). Text
adopted by the Assembly on 25 January 2022 (3rd sitting).See
also Recommendation 2220
(2022).
1. Over the past few decades, significant
progress has been achieved towards making equal rights a reality for
lesbian, gay, bisexual, transgender and intersex (LGBTI) people
throughout Europe. While the picture is chequered and varies widely
from State to State, overall, hate crime and anti-discrimination
laws have been strengthened, legal gender recognition procedures
have been simplified, the bodily integrity of intersex people has
started to be better protected and the rights of rainbow families
have increasingly been recognised. This substantial progress is
welcome, albeit insufficient.
2. Recent years have however also seen a marked increase in hate
speech, violence and hate crime against LGBTI people, communities
and organisations across many member States of the Council of Europe. The
Parliamentary Assembly notes with deep concern that a significant
proportion of hate speech, vilification and scapegoating of LGBTI
people, as well as broad attacks on the exercise of their civil
rights, have come from political figures and leaders, including
government representatives, and from religious leaders.
3. The Assembly deplores these phenomena, which can be observed
throughout Europe regardless of the extent of protection already
afforded to the human rights of LGBTI people in any given country.
It moreover condemns with particular force the extensive and often
virulent attacks on the rights of LGBTI people that have been occurring
for several years in, among other countries, Hungary, Poland, the
Russian Federation, Turkey and the United Kingdom.
4. The rising hatred we are witnessing today is not simply an
expression of individual prejudice, but the result of sustained
and often well-organised attacks on the human rights of LGBTI people
throughout the European continent. Individual expressions of homophobia,
biphobia, transphobia and interphobia occur in a broader context
in which highly conservative movements seek to stifle the identities
and realities of all those who challenge the cisnormative and heteronormative
social constructs which perpetuate gender inequalities and gender-based
violence in our societies, and which affect women as well as LGBTI
people.
5. The Assembly condemns the highly prejudicial anti-gender,
gender-critical and anti-trans narratives which reduce the struggle
for the equality of LGBTI people to what these movements deliberately
mis-characterise as “gender ideology” or “LGBTI ideology”. Such
narratives deny the very existence of LGBTI people, dehumanise them
and often falsely portray their rights as being in conflict with
women’s and children’s rights, or societal and family values in
general. All of these are deeply damaging to LGBTI people, while
also harming women’s and children’s rights and social cohesion.
6. The Assembly deplores the fact that such discourse is leading
to stagnation and even backsliding in progress towards LGBTI equality,
sexual and reproductive rights and women’s and children’s rights
– and in so doing, it poses a direct challenge to democracy and
the rule of law. In many countries, legislative processes aimed
at improving the protection of the rights of LGBTI people have stalled,
and in some, progress previously achieved has been undone.
7. The significant advances achieved in recent years are today
under threat. It is crucial to react quickly in order to prevent
further backsliding, and to work actively to promote full respect
for the rights of LGBTI people.
8. In view of all the above, and referring in particular to the
relevant provisions of the European Convention on Human Rights (ETS
No. 5) and the case law of the European Court of Human Rights, as
well as the Assembly’s
Resolution
2239 (2018) “Private and family life: achieving equality
regardless of sexual orientation”,
Resolution 2191 (2017) and
Recommendation 2116 (2017) “Promoting
the human rights of and eliminating discrimination against intersex
people”,
Resolution 2048
(2015) “Discrimination against transgender people in
Europe”,
Resolution 1948
(2013) and
Recommendation
2021 (2013) “Tackling discrimination on the grounds of
sexual orientation and gender identity” and
Resolution 1728 (2010) and
Recommendation 1915 (2010) “Discrimination
on the basis of sexual orientation and gender identity”, the Assembly
urges governments and parliaments in Council of Europe member States
to tackle hatred and discrimination against LGBTI people with renewed
energy and urgency.
9. It welcomes in this context the ongoing work of the European
Commission against Racism and Intolerance (ECRI) to draw up a general
policy recommendation to combat discrimination and intolerance against
LGBTI persons, as part of its 2019 Roadmap to Effective Equality,
and the adoption by the European Commission in 2020 of its LGBTIQ
Equality Strategy 2020-2025.
10. The Assembly also welcomes Opinion No. 1059/2021 of the European
Commission for Democracy through Law (Venice Commission) on recent
modifications to Hungarian legislation that may have a particular impact
on LGBTI people, adopted and published in December 2021 following
the request made by the Committee on Equality and Non-Discrimination.
11. It draws attention in particular to the previous opinion of
the Venice Commission of July 2021 on Hungarian constitutional amendments,
in which the commission had already warned against the danger of “further
strengthen[ing] an attitude according to which non-heterosexual
lifestyles are seen as inferior and fuel a hostile and stigmatising
atmosphere against LGBTQI people”, and to the statement in the new
opinion, according to which “the amendments stigmatise LGBTI persons
and discriminate against them on the basis of sexual orientation,
gender identity and gender expression”.
12. The Assembly calls on member States to refrain from enacting
legislation or adopting constitutional amendments that are contrary
to the rights of LGBTI people, and to repeal any such provisions
already in force. It urges in particular:
12.1 the Hungarian authorities to repeal with immediate effect
all the measures adopted in May 2020, December 2020 and June 2021
that prevent individuals who need it from obtaining the legal recognition of
their gender identity, preclude children from obtaining recognition
of their gender identity when it is different from the sex assigned
to them at birth, bar adoption by anyone other than married heterosexual couples,
block access to comprehensive sexuality education and ban the portrayal
of trans identities and homosexuality. As stated in Opinion No. 1059/2021
of the Venice Commission, these amendments “contribute to creating
a threatening environment where LGBTQI children can be subject to
health-related risks, bullying and harassment”;
12.2 the Polish authorities to support stronger anti-hate and
anti-discrimination legislation in Poland, to ensure that it is
effectively applied and to work to overturn all declarations and
charters contrary to the rights of LGBTI people adopted at local,
county and regional level;
12.3 all member States having in place so-called “anti-LGBTI-propaganda”
laws, that is, any legislation that prevents persons and especially
minors from having access to complete and objective information
about the different forms of sexual orientation, gender identity,
gender expression or sex characteristics that exist in society,
to repeal this legislation with immediate effect;
12.4 all member States concerned by a process of execution
of a judgment of the European Court of Human Rights in which one
or more violations were found concerning the rights of LGBTI people
or organisations, to ensure the rapid and full implementation of
the judgment.
13. The Assembly calls on member States to speak out strongly
against incidents of homophobia, transphobia, biphobia and interphobia
in discourse, practice and policy wherever they occur, and to use
the numerous Assembly and other Council of Europe and international
standards and instruments at their disposal to hold others to account.
14. The Assembly emphasises that it is precisely when hostility
is high or rising that effective criminal provisions and anti-discrimination
legislation are most crucial. It calls on member States to strengthen
their legislative framework wherever necessary to ensure that it
protects the right of LGBTI people to live free from hatred and
discrimination, and to apply it effectively in practice. In line
with the above-mentioned standards, and without prejudice to the
more specific or far-reaching obligations they may already entail,
it calls on member States in particular to:
14.1 amend criminal legislation as necessary to ensure that
its provisions with respect to hate crimes clearly cover all offences
committed against a person or group of persons based on their sex,
sexual orientation, gender identity, gender expression and sex characteristics,
provide for proportionate and dissuasive sanctions, protect victims’
rights and make provision for them to receive compensation;
14.2 make motivations based on sex, sexual orientation, gender
identity, gender expression and sex characteristics an aggravating
circumstance for all ordinary offences;
14.3 ensure victims of crime are supported and that they are
protected against re-traumatisation on the grounds of their sex,
sexual orientation, gender identity, gender expression or sex characteristics caused
by law-enforcement and support structures, including shelters;
14.4 amend anti-discrimination legislation as necessary to
ensure that it covers all forms of discrimination, in all areas
of life, based on sexual orientation, gender identity, gender expression
and sex characteristics;
14.5 fully train police, judges and prosecutors on these provisions,
in order to ensure their effective application in practice and to
avoid impunity;
14.6 initiate, if this has not already been done, and bring
to fruition in all cases, the legislative and policy-making processes
necessary to complete other elements of the legal framework that
are crucial to LGBTI equality, notably as regards legal gender recognition,
the bodily integrity of intersex people, the protection of rainbow
families, access to trans-specific healthcare and the exercise of
civil rights such as the freedoms of expression, association and
assembly.
15. Having regard to the egregious human rights violations committed
against LGBTI people in the Chechen Republic (Russian Federation),
which the Assembly condemned in its
Resolution 2230 (2018) and
Recommendation 2138 (2018) “Persecution
of LGBTI people in the Chechen Republic (Russian Federation)” but
which continue to occur and to have a devastating impact today,
the Assembly urges:
15.1 the authorities
of the Russian Federation to implement fully and immediately Assembly
Resolution 2230 (2018) and
redouble its efforts to prosecute and punish the perpetrators of
these acts and provide reparation, including compensation, to victims,
in order to put an end to the persecution of LGBTI people in the
Chechen Republic and ensure that there is no impunity for the perpetrators
of such human rights violations;
15.2 all other Council of Europe member States to renew their
pressure on the Russian Federation to ensure that justice is done,
intensify their own efforts to provide refuge to those still seeking
to flee to safety and ensure that their asylum legislation provides
effective protection to all LGBTI people forced to flee their country
due to persecution based on their sexual orientation, gender identity,
gender expression or sex characteristics.
16. The Assembly further calls on all member States to:
16.1 put in place a clear human rights
policy to protect and promote LGBTI equality, including a strategy
and action plan with clear and measurable targets and timelines
for implementing any changes to legislation, policy or practice
necessary to achieve equality, and effective accountability mechanisms;
16.2 mainstream the rights of LGBTI people in all key legislative,
policy and other measures;
16.3 work proactively to bring their domestic legislation and
practice into line with the developing case law of the European
Court of Human Rights;
16.4 ensure that children are provided with objective, non-stigmatising
information on sexual orientation, gender identity and sex characteristics;
16.5 refuse to provide funding to local, regional or national
authorities or other State or non-state actors that deny the human
rights of LGBTI people, and to withdraw such funding if it has already
been granted;
16.6 participate constructively in the periodical review process
carried out by the Committee of Ministers regarding the implementation
of Recommendation CM/Rec(2010)5 to member states on measures to
combat discrimination on grounds of sexual orientation or gender
identity;
16.7 contribute to and advance other Council of Europe work
concerning the rights of LGBTI people, notably through actively
supporting:
16.7.1 the relevant monitoring and standard-setting
work of the ECRI;
16.7.2 the intergovernmental work carried out in this field by
the Steering Committee on Anti-Discrimination, Diversity and Inclusion
(CDADI);
16.7.3 the provision to States that request it of technical assistance
aimed at advancing LGBTI equality and rights;
16.8 ensure the meaningful involvement of and consultation
with civil society organisations and human rights defenders seeking
to protect and promote the rights of LGBTI people in the development, implementation
and review of all policies and measures that concern them, and more
generally, enable and support the work of civil society in this
field.
17. The Assembly strongly encourages parliamentarians to improve
their understanding of the human rights challenges faced by LGBTI
people in their country and abroad, by engaging bilaterally with
and inviting to their parliaments local, national and umbrella civil
society organisations and LGBTI human rights defenders with direct
knowledge of the realities and issues at stake.
18. Finally, the Assembly emphasises that hatred against LGBTI
people cannot be effectively combated if it is treated purely as
an individual phenomenon. Paradigm shifts in social and cultural
understandings of gender equality, harmful masculinities and the
rights and freedoms of LGBTI people are still needed in many societies in
order to achieve genuine equality for LGBTI people. The Assembly
therefore urges member States to carry out extensive public awareness-raising
campaigns so as to counter misleading or false narratives, increase understanding
of the situation and rights of LGBTI people and actively promote
their equality.
19. In the light of all the above, the Assembly considers that
a network of its interested members should also be formally established,
in order to facilitate co-operation between national parliaments
aimed at promoting full and effective equality for LGBTI people
throughout the continent.
