B Explanatory memorandum
by Ms Béatrice Fresko-Rolfo, rapporteur
1 Introduction
1. In recent years, lesbian, bisexual
and queer (LBQ) women have gained a higher public profile, particularly
in politics and the media. The Paris 2024 Olympics were also an
opportunity to shed light on LBQ athletes. Cindy Ngamba, a boxer
on the Olympic refugee team, won an Olympic bronze medal. She acquired refugee
status because of her sexual orientation, which prevents her from
returning to her home country, Cameroon, where there is repression
of LGBTI persons. The Italian judoka, Alice Bellandi, expressed
her joy at winning gold by kissing her girlfriend, Jasmine Martin,
who had been watching her from the stands, in front of all the spectators
and the world’s press. These sportswomen showed who they were and
were acclaimed for their sporting prowess. Yet, lesbophobic, biphobic
and transphobic attacks, insults and comments are still widespread
in the world of sport, against LBQ women who are public figures
and in society in general.
2. LBQ women face violence and discrimination in their everyday
lives. On the one hand, they are subject to sexism and misogyny;
on the other, they experience stigma and discrimination because
they are perceived to have a sexual orientation that does not conform
to the so-called norm. They are considered to have departed from
this norm and emancipated themselves without men. They object to
the control that society wishes to impose on their lives, bodies
and identities.
3. These forms of hatred, prejudice and discrimination combine
and intersect, so that LBQ women also face particular forms of violence
and discrimination based on their specific identity as LBQ women
who do not conform to societal expectations of women, gender roles
and standards of femininity.
Note Sexuality or fulfilment without men
is, according to some, unthinkable. Additional layers of prejudice
can also interact, depending for example on racial or ethnic origin,
gender identity, gender expression and sex characteristics, disability,
age and class.
4. Experiencing such cumulative prejudice has a negative impact
on the lives of LBQ women, increasing the risk of violence and exposing
them to specific forms of gender-based violence. Physical, sexual
or psychological violence may be perpetrated by family members,
current or former partners at home or outside, or by others at work,
on the street and in other public spaces, including online. Violence
may also be perpetrated through stalking or other in-person or online
threats to safety and security. Sometimes it takes the especially
egregious form of what is called “corrective” rape, based on the
erroneous view that women who do not engage in sexual relationships
with men are “sick” or “abnormal” and must be “corrected”. In some
cases, lesbophobic violence escalates to murder.
Note
5. LBQ women also face discrimination in the exercise of their
human rights. Prejudice and stigma can affect their access to employment,
housing, healthcare, sexual and reproductive health and rights,
and their private and family life. LBQ women are also affected by
the gender gap in pay and pensions linked to gender inequalities
– the impact of which is doubled in same-sex households.
6. In her presentation of the results of the latest survey by
the European Union Fundamental Rights Agency published in May 2024,
Note the director, Sirpa
Rautio, said that all LGBTI persons should feel safe in Europe and be
able to play their full part in our societies. This survey, covering
100 577 people in 30 countries, found that lesbian women were the
most likely amongst the groups surveyed to be open about being LGBTI,
including at school. However, 42% of the lesbians and 33% of the
bisexual persons surveyed had been victims of discrimination in
the 12 months preceding the survey. 42% of lesbians said that they
had kept their sexual orientation secret at school and 34% of lesbians
and 26% of the bisexual persons surveyed had been victims of violence
because of their sexual orientation at least three times in the
five years preceding the survey. 45% of lesbians were still afraid
to hold hands with their partners in public for fear of being assaulted
(54% in 2019), and 30% avoided certain places for the same reason.
In the 2019 survey, lesbian women also talked of their lack of trust
in their government to combat prejudice and intolerance against
LGBTI persons effectively.
Note Progress is real but fragile. Protection
from violence and discrimination should be guaranteed.
7. The meaning of the word “lesbian” has itself been distorted,
all too often being associated with shame and disgust, sexual objectification,
male fantasies and pornography.
Note Bisexual and queer women are also
still too often ignored. In recent years, the propagation of harmful
narratives targeting primarily women and the LGBTI community has
still further heightened the risk of marginalisation of LBQ women.
This phenomenon has, moreover, been aggravated by the overall backsliding
in human rights and democratic principles that we have been witnessing
in Europe, combined with the increasing polarisation in European
societies reflected in recent elections at national and European
level.
8. Violence against any LGBTI person aims to undermine their
dignity and fundamental rights. It serves to keep people with sexual
orientations and gender identities that do not conform to a so-called
social norm on the margins of society, both socially and politically.
Such minorities are often invisible, underrepresented and not consulted
enough on public policies that affect them.
9. The rights, needs and interests of LBQ women are rarely taken
adequately into consideration in standard-setting and policy-making
processes, all too frequently slipping through the net of both gender equality
policies, which fail to address the specific challenges faced by
LBQ women, and LGBTI equality strategies, which also often pay little
or no attention to their specific needs.
10. My report aims to provide an opportunity for the Assembly
to hear the voices of LBQ women, to raise the profile of their struggle
for equal rights and to work towards ensuring that the challenges
they face are effectively addressed.
2 Inclusivity and intersectionality
11. As the motion for a resolution
that is at the origin of this report underlines, legislative, political
and societal responses to lesbophobia require a holistic approach
that takes into consideration the specificities of LBQ women, puts
an end to their invisibility and takes targeted actions to understand
and tackle lesbophobia.
12. I believe that an inclusive approach is essential to protecting
rights effectively. My report will therefore include all cis, trans
and intersex women and non-binary persons who identify within the
LBQ umbrella. I have adopted an intersectional approach, striving
to give space to and take account of the different experiences and challenges
that LBQ women may face, depending for example on their racial or
ethnic origin.
3 Working
methods
13. At the very outset of my work,
I held an exchange of views with representatives of the EL*C – EuroCentralAsian
Lesbian* Community and ILGA-Europe. I have held virtual bilateral
meetings with representatives of civil society working on these
issues, and with representatives of organisations providing assistance
and support to LBQ women who are victims of violence and discrimination.
14. On the occasion of the Lesbian Visibility Day, which falls
annually on 26 April, the Icelandic Presidency of the Committee
of Ministers supported a side-event on preventing and combating
violence and discrimination against LBQ women in Europe during the
Assembly’s 2023 April part-session, I sponsored and took part in
the event.
15. I participated in the IDAHOT+ conference in Reykjavik on 11 May
2023. I also attended the ILGA-Europe annual conference in Ljubljana
from 25 to 27 October 2023, where I met many LBQ activists from
different regions.
16. On 16 November 2023, I had an online discussion with two representatives
of the NGO, Front d’habitat lesbien, Mathilde Kiening and Stella
Noemi. I also spoke with Vera Kurtić, a Serbian lesbian activist,
during an online meeting on 24 November 2023.
17. On 7 December 2023, the committee held a hearing, which allowed
us to better understand the challenges faced in preventing and combating
violence and discrimination against LBQ women, to hear directly from
people working in this field and to learn from successful practices
already in place in member States. Participants at the hearing included
Ilaria Todde, Advocacy and Research Director of EL*C (EuroCentralAsian Lesbian*
Community), Yasemin Öz, lawyer and co-founder of Kaos GL (Türkiye),
Marame Kane, lesbian activist and artivist (France) and Maud Royer,
President of the association “Toutes des femmes” (France).
18. On 15 May 2024, I travelled to the Hague to attend the IDAHOT+
Forum. I held a bilateral meeting there with Graeme Reid, who is
the UN’s independent expert on protection against violence and discrimination
based on sexual orientation and gender identity. I was also able
to talk to representatives of various non-governmental organisations.
19. On 17 and 18 June 2024, I carried out a fact-finding visit,
to Italy, where I talked to representatives of the Ministries of
the Interior, the Family and Equal Opportunities, parliamentarians
from several political parties and senators, and representatives
of civil society. We discussed the current situation, difficulties
and challenges, and measures taken to prevent and combat violence
and discrimination against LBQ women. I would like to thank the
secretariat of the Italian delegation for its support.
20. I also agreed to a virtual bilateral meeting with representatives
of the LGB Alliance, with whom I expressed my disagreement on their
decision to exclude lesbian transgender women from the LBQ women’s group.
I reiterated that transgender women are women.
21. On 30 July 2024, I talked to Anaïs Berrutti, co-founder of
the association “Mon Arc-en-ciel” (“My Rainbow”) in Monaco.
22. Lastly, I followed the media coverage of the Paris 2024 Olympic
Games including that of LBQ athletes as well as the situation in
European States which have been adopting and implementing laws to
prohibit so-called LGBTI propaganda,
Note which is
a major source of concern.
4 Violence
and harassment
23. Gender-based violence against
LBQ women is often sexualised. It ranges from street and online harassment
to “corrective” rape, feminicide and so-called “honour” crimes.
Note Such violence is committed
in both public and private settings.
24. Not all States collect data on hate crimes based on sexual
orientation and those that do, do not always break them down according
to the gender or sexual orientation of the victim. In 2021, the
Office for Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe (OSCE/ODIHR) reported for
example that 41 OSCE participating States had submitted hate crime
information to ODIHR for 2021. Of these only 23 had provided statistics
disaggregated by bias motivation. 22 Council of Europe member States
had provided data on LGBTI-phobic hate crime; a total of 979 LGBTI-phobic
incidents (violent attacks against people, threats, or attacks against
property) were reported by non-official sources in 31 member States, but
again, without a specific breakdown concerning lesbophobic incidents.
NoteData for
2022 indicate that23 Council of Europe
member States provided information on LGBTI-phobic violence.
Note
25. Civil society actors in France and Italy have reported high
numbers of lesbophobic offences in recent years. French NGO SOS
Homophobie reported that it had received 365 complaints of lesbophobic
violence in 2019 – an increase of 40% on the previous year – and
300 in 2020. It considered that the increase in reports received
could in part be explained by the #MeToo and #balancetonporc movements,
which had helped give visibility to a previously hidden phenomenon
and had encouraged victims to share their experience. In Italy, around
20 cases of lesbophobic violence have been reported in the media
in 2022. Bearing in mind that hate crimes and gender-based violence
tend to be under-reported both to the police and to NGOs, and that
even fewer such cases are picked up by the media, these figures
are cause for deep concern.
26. Home is not always a safe space for LBQ women, who may face
violence from their families. According to the NGO, Counselling
for Lesbians, many lesbians in Serbia still suffer psychological
trauma as a result of violence from family members.
Note A 2015 survey by SOS Homophobie found
that 14% of reported lesbophobic incidents took place within the
family.
Note All too often, teenagers
are still forced to leave their homes after coming out. There are
also case of violence within LBQ couples.
27. Violence directed against LBQ women frequently aims to “punish”
them because they are viewed as having a non-conforming sexual orientation,
or because they do not conform to societal expectations of women,
gender roles and standards of femininity. Men who perpetrate acts
of lesbophobic violence are reported to do so often after having
had their sexual advances rejected by a non-heterosexual woman,
or when a woman has put an end to a heterosexual relationship or
has otherwise shown that she is not available to respond to a man’s
needs or desires.
Note
28. The EL*C noted in 2021 that such cases included the murder
of a young lesbian, Elisa Pomarelli, in Italy in 2019 by a man with
whom she had refused to start a relationship; the killing of a lesbian
couple in Belgium in 2021 by the ex-husband of one of the women;
the assault of a lesbian woman outside a nightclub in Croatia after
she refused a man’s sexual advances, a case which led to the finding
of a violation of the procedural limb of Article 3 taken in conjunction
with Article 14 of the European Convention on Human Rights (STE
No. 5) in the judgment of the European Court of Human Rights in
Sabalić v. Croatia (application no. 50231/13, Judgment of 14 January
2021); and cases in the Netherlands and the United Kingdom where
lesbian couples who had refused to kiss in front of groups of men
were violently assaulted.
Note
29. Violence can also be perpetrated remotely, through online
harassment and threats. The DJ Barbara Butch received lesbophobic
insults and death threats after taking part in the Paris Olympics
opening ceremony. She has filed a legal complaint for cyberharassment.
Note
30. In more recent years, ILGA-Europe reported that in 2022, seven
out of 27 cases of LGBTI-phobic violence reported to Pink Armenia
came from lesbian or bisexual women; a lesbian couple from Russia
seeking asylum were physically assaulted at the asylum centre in
Spuz, Montenegro. In 2021, 14 out of 18 cases of domestic violence
reported to Pink Armenia concerned lesbian or bisexual women; a
young lesbian couple was physically attacked by two men in Estonia
in August; young lesbian girls were assaulted in Rome by teenagers, and
a young lesbian received death threats from her family after being
kicked out of her home in Italy.
Note These cases represent only a very
small sample of the violence faced by LBQ women in Europe today.
31. This reality is also reflected in the results of surveys by
the European Union Fundamental Rights Agency (FRA). 27% of the lesbian
women surveyed had undergone conversion therapy,
Note while one in two showed
no affection for their partner in public (45%) and one in three
avoided public spaces for fear of violence or harassment (33%).
32. Such regular exposure to violence and discrimination forces
LBQ women to manage the visibility of their sexual orientation.
According to SOS Homophobie’s 2015 survey on lesbophobia in France,
those who reduced their visibility the most experienced fewer lesbophobic
incidents.
Note Managing and therefore reducing their
visibility seems to be an easier choice than exposing themselves
to potential risks. Overall, LGBTI+ people only report assaults
against them in 11% of cases, and 41% of those who had not reported
such incidents feel that “it would not have made a difference”.
Note
33. The LGBTI community, and LBQ women in particular, rarely file
complaints with the police for violence or discrimination. The FRA
survey reveals an alarming level of underreporting of cases of harassment
or physical or sexual violence to the police or other institutions.
The reasons given not to report such incidents were that “nothing
would change”, that “it happened all the time” and there was no
use in filing a complaint, or even a fear among victims that they
would be discriminated against by the law enforcement bodies themselves.
34. Cases of so-called “corrective” rape continue to be reported
in the member States. The French NGO, Les Dégommeuses, has reported
assisting several victims of such offences in recent years, and
in 2021, a French court for the first time recognised the rape of
a young lesbian woman with the explicit motive of “correcting” her
sexual orientation as a lesbophobic hate crime.
Note ILGA-Europe reported in 2022 that
a young lesbian woman was subjected to an attempted rape by her
co-worker who wanted to “correct her sexual orientation”, and that
a young lesbian couple aged 19 and 16 were abducted for over six
hours and raped in Lisbon in 2023.
Note Once again, it is to be feared that
these cases are only the tip of the iceberg.
35. The first round evaluation reports of the Group of Experts
on Action against Violence against Women and Domestic Violence (GREVIO)
make little reference to LBQ women and their specific needs although
they do highlight the failure of States to take account of multiple
discrimination and the importance of remedying this shortcoming.
GREVIO has encouraged several States to promote research and data
collection on gender-based violence affecting LBTI women in particular
and to support the development of policies which take account of
intersectional discrimination.
Note
36. In a report published in 2023 covering a total of 26 States,
of which nine were Council of Europe member States, Human Rights
Watch highlighted that “gender expression is a critical component
of how, why, and in what circumstances LBQ+ people are attacked
and have their rights violated”, with many LBQ+ people naming discrimination
based on masculine gender expression as an all-too-often ignored
catalyst for a lifetime of forms of marginalisation, abuse and violence.
Note The
report includes harrowing descriptions of such cases, including both
violent acts by individuals and police brutality against masculine-presenting
queer people. It also emphasises that in such cases, violence is
not solely about causing physical harm but also about putting masculine-presenting
queer women “in their place”, proving that they are not as strong
as they would hope to be. The report also underlines that violence
and discrimination against Black LBQ women may be compounded due
to racial stereotypes that characterise them as more hostile, ill-tempered
and aggressive.
37. Harassment and insults targeting LBQ women are still commonplace
in sport. In her explanatory memorandum of the report “The fight
for a level playing field – Ending discrimination against women
in the world of sport”
Note, Ms Edite Estrela (Portugal, SOC)
pointed out that “LBTI women suffer from invisible and multiple
discrimination in the world of sport. Their families may not support
them or may actively oppose them participating in sport. They may
be rejected upon arrival in a team. Their performance is constantly
questioned. The media peddle negative stereotypes about LBTI athletes,
who are apt to be the target of hate speech, harassment and violence”.
38. Violence against LBQ women has a serious impact on physical
and mental health. The need for LGBT people to conceal their identity
in order to avoid stigma, and therefore to adopt different public
and private personas, can in itself be enough to cause mental health
problems. The concept of “minority stress”
Note was developed to describe
this phenomenon of constant adjustment. 41% of lesbian women in
Europe have had suicidal thoughts and 17% have already attempted
suicide. The figures for heterosexual women are 17% and 4% respectively.
39. In its report of 2023 on lesbophobic violence and discrimination
against lesbians (through the Observatory on lesbophobia), EL*C
notes that there are major risks for LBQ women involved in politics
or with a high media presence.
Note Visibility is necessary,
but it can also create problems. For example, Elly Schlein, the Chair
of Italy’s Democratic Party, is often attacked in the media because
she is bisexual and lives with another woman. There has been a surge
of hatred against her online. Lesbophobic violence and hate speech
have a silencing effect on public figures, be they politicians,
journalists or human rights defenders. When LBQ women speak up the
reactions are often extremely violent and focus on their appearance,
gender expression or sexual orientation. Online hatred against LBQ
women is of particular violence as it cumulates intersectional hate speech
and hypersexualisation.
5 Discrimination
5.1 Anti-gender
movement
40. The anti-gender movement targets,
first and foremost, the rights of women and LGBTI persons. It seeks to
confine or return women and LGBTI persons to “traditional” gender
roles. Situated as they are at the intersection of these groups,
LBQ women are doubly targeted and impacted by harmful anti-gender
narratives.
41. In recent months, LBQ women have been the target of hate speech
in several States, including Italy, where the recognition of a second
parent for children born to a lesbian couple through medically assisted reproduction
has been threatened. Albania has also seen the rise of an anti-LGBTI
movement specifically targeting LBQ women. There have been hate
campaigns, especially online.
42. At the hearing on 7 December 2023, Maud Royer said that a
political offensive was being waged against transgender people seeking
to create an artificial conflict between trans women and lesbian
women. Legal gender recognition was still complicated in many countries,
including for lesbian trans women. She stressed the importance of
gender expression that conforms to standards of femininity in order
to access transition and denounced the injunction to heterosexuality
made to transgender lesbian women.
43. At the IDAHOT+ Forums in 2023 and 2024, however, I heard some
powerful messages of hope. Representatives from ILGA-Europe stressed
that the only way to avoid going backwards is to keep moving forward.
They pointed out that despite the attacks on LGBTI rights, progress
is still being made in many countries.
5.2 Access
to healthcare
44. Healthcare systems can be misogynistic
and heteronormative, thus creating an alienating experience for LBQ
women that leads them to avoid seeking care that they need. The
fear of being exposed to intolerant attitudes can have an impact
on their general health.
45. I would also like to highlight the gynaecological violence
inflicted on LBQ women. In her explanatory memorandum report on
“Obstetrical and gynaecological violence”,
Note Maryvonne
Blondin (France, SOC) pointed out that “lesbian women may be stigmatised
by some doctors or even humiliated during consultations, which may
lead them to stop having regular medical check-ups (…) Gynaecological
healthcare ought to be an ideal opportunity for prevention and screening.
Yet lesbians are often denied such care or given poor advice”. Care
providers can presume heterosexuality and may use inappropriate
language.
46. In 2016, a German study interviewed 766 lesbian women about
their experiences with the country’s healthcare system. 12% of the
women reported experiencing or fearing discrimination. 40% of the
women had chosen not to disclose their sexual orientation to their
doctors, 12% of whom said this was because they feared negative
consequences, although they considered this information useful for
medical care planning.
Note Lesbian women have a higher
risk of cardiovascular disease
Note and cancer than other women, as well as
anxiety disorders, self-harm and suicidal behaviour.
47. According to Santé Publique France (2021), the “invisibilisation”
of lesbian women’s sexuality should also be noted. Deemed “risk-free”,
60% of lesbian women surveyed in 2011 had never had a cervical smear test
and 90% had never been screened for chlamydia.
Note Transgender women sometimes choose
not to go to the doctor’s because they fear discrimination or lack
of understanding, or because they worry that the doctor is not trained
to meet their medical needs. The same study also found that a quarter
of transgender people had not seen a doctor in the last 12 months
due to fears of experiencing discrimination.
Note
48. Asking about sexual orientation can help ensure better access
to healthcare. Studies show that when doctors know a patient’s sexual
orientation, they provide more information about sexually transmitted
infections and are more likely to suggest screening and vaccination.
It is important that patients feel safe to disclose their sexual
orientation and that healthcare professionals must be open to this
discussion. Communication with healthcare workers needs to be improved.
Some countries, such as the United Kingdom, recommend that the question
of sexual orientation be systematically raised during medical consultations.
Others, such as France, publish online lists of LGBTQ-friendly healthcare
professionals.
Note
49. I held a meeting with intersex LBQ women at the 2023 ILGA
conference. They stressed that non-consented medical interventions
were still being performed on minors on the assumption of certain
kinds of sexual activity being desired in the future. These included
invasive, irreversible surgical procedures (for example vaginoplasty
for the purpose of heterosexual intercourse).
50. A relationship of trust between patients and healthcare providers
is essential for prevention and medical care. There is an urgent
need to ensure that the medical staff welcomes everyone without
prejudice and in a supportive atmosphere.
51. In some countries, access to medically assisted procreation
is authorised only for heterosexual couples, not for single women
or for female couples. This rejection is clear discrimination against
LBQ women.
5.3 Access
to housing
52. Homelessness is another issue
that disproportionately affects LGBTI communities. LBQ women may face
greater obstacles because their income is often lower than men’s
and can rapidly find themselves in vulnerable situations.
53. According to a report published in 2021 by ILGA-Europe in
collaboration with other organisations, homelessness among LGBTI
youth is widespread across Europe, with more than 60% of LGBTIQ organisations
surveyed saying that they have worked with young people who have
been homeless.
Note A United Nations study
Note estimates that in the 18 to 24 age
group in the European Union, 24% of transgender youth, 41% of intersex
youth and 17% of all LGBTI youth have experienced homelessness.
LBQ women living on the streets are at high risk of violence and
exploitation.
54. Emergency accommodation is often unsuitable, and staff are
not trained to systematically provide an inclusive welcome. LBQ
women may not feel safe in shelters. They may be harassed, threatened,
robbed of their belongings, subjected to physical and sexual violence
or re-experience trauma.
55. Lesbian women who have been forced into marriage in their
country of origin may be at risk in the country where they have
sought refuge. The Front d’Habitat Lesbien recommends funding specific
shelters for LGBTI persons. It offers a flat in Paris for lesbian
and transgender women in precarious situations and psychological support
for those who want it.
56. In a report published in 2023, EL*C highlighted the problem
of access to housing for older LBQ women.
Note The low level of pensions, increasing
rent, insecure socio-economic circumstances and family rejection
can place older LBQ women in a difficult situation.
5.4 Employment
57. Discrimination relates to access
to employment, wage levels, career development and the attitude
of work colleagues. Wage equality has not yet been achieved, meaning
that lesbian couples have lower incomes than heterosexual ones and
fewer opportunities for them to grow in the course of their careers
because of discrimination.
58. The FRA survey results show that 18% of the lesbian women
and 14% of the bisexual women surveyed suffered discrimination because
of their sexual orientation when jobseeking or in their workplace
in the 12 months preceding the survey.
Note In the European
Union, 45% of LGBTI persons surveyed said that they concealed their
sexual orientation in the workplace.
59. In France, 11% of lesbophobic incidents take place in the
workplace, according to the SOS Homophobie survey (2015). Mocking
behaviour (48%), a lack of understanding (36%) and rejection (36%)
are the main forms of lesbophobia experienced.
Note Harassment and outing are also commonly
reported. The perpetrators include colleagues (63%), superiors (36%)
and members of management (10%). In 42% of cases, the perpetrators
were men acting alone. However, the proportion of women acting alone
is also higher than in other settings.
60. A survey conducted in 2022 by l’Autre cercle found that over
half of lesbian or bisexual women (53%) had suffered at least one
form of discrimination or hostile behaviour during their careers
in France because of their sexual orientation.
Note
61. The OECD has found that in ten countries, LBQ women (and GBQ
men) have less chance of being called for an interview if their
CV mentions their sexual orientation.
Note More
specifically, in Austria, Germany, Canada, Greece, Italy, the United
Kingdom and the United States, lesbian women were 1.4 times less
likely than heterosexual women to be called for interview following
their application.
Note
62. Several studies have estimated the economic costs of discrimination
against LGBTI persons. For example, a 2018 study found that a 1%
decrease in the level of homophobia is associated with a 10% increase in
GDP per capita.
Note Stigma and harassment of LGBTI persons
lead to poor physical and mental health, which affects their productivity,
as does underinvestment in human capital.
5.5 The
situation of racialised LBQ women
63. At the hearing on 7 December
2023, Marame Kane pointed out that “racialised LBT women are subject to
varying degrees of pressure, depending on their age and their family
culture, to embrace heterosexuality, heteronormativity and motherhood”.
64. ILGA-Europe has published a detailed report which analyses
the intersectional discrimination to which LGBTI migrants and persons
from racial, ethnic and religious minorities are subject.
Note The report finds that trans
and migrant women from non-EU countries and trans women from ethnic
or religious minorities suffer more discrimination than the other
groups of LGBTI persons surveyed in the study with regard to the
labour market and the housing, healthcare and education sector and
in their social and administrative lives.
65. The FRA survey also found that 40% of LGBTI persons identifying
themselves as being from an ethnic or immigrant minority considered
that their ethnic origin or immigrant status was an additional cause
of discrimination towards them.
Note 15%
of these persons also said that their skin colour was an additional
cause of discrimination to the discrimination they were subjected
as LGBTI persons. In the same way, 36% of LGBTI persons identifying
themselves as disabled considered that their disability was an additional
cause of discrimination while 28% considered religion to be an additional
factor.
66. According to a representative of the association 1001 lesbiennes
et queers, lesbian women of Arab-Berber-Muslim origin are doubly
exposed to degrading representations. In France, the majority of
lesbians out in public are white. Coming out can also be difficult
as same-sex relationships may be illegal in their countries of origin.
Racialised lesbian women may have difficulty accessing medically
assisted procreation to start a family. There is a shortage of non-white
donors. For instance, French law favours the phenotypic matching
of gametes with recipients. The lack of gametes from racialised
donors complicates access to medically assisted reproduction for
racialised LBQ women.
Note Medically assisted
procreation practices vary throughout Europe: in Sweden and Estonia,
health professionals consult the parents; in Finland, couples may
specify that they do not wish the donor to resemble them; and in
Germany, Bulgaria and Austria, parents may make particular requests concerning
the donor.
6 Case
study: the situation in Italy
67. On my fact-finding visit to
Italy, I met key actors working on combating hatred against LGBTI
persons, including parliamentarians, representatives of governmental
institutions and NGOs, with whom we had a constructive dialogue.
In particular, I met with representatives of the Central Anticrime
Directorate, the Observatory for Security against Acts of Discrimination
(OSCAD) and the Postal Police and Cybersecurity Service, both under
the Ministry of Interior. In addition, meetings took place with
representatives of CIDU (Interministerial Committee for Human Rights),
the Department of Equal Opportunities and UNAR (National Anti-Racial
Discrimination Office). OSCAD was established within the Department
of Public Security, in which both Police and Carabinieri participate.
A territorial network was created in order to provide training,
monitoring and analysis and work on prevention. OSCAD has recorded
few acts of discrimination against LGBTI persons in recent years:
34 in 2024, 66 in 2023 and 86 in 2022. Data provided by OSCAD and
UNAR do not indicate a rise in criminal acts related to sexual orientation
or gender identity. Training courses are held on the proper reception
of LGBTI persons in police stations and on building trust. To date,
60 570 people have attended these courses. There is also a police
force guide on LGBTI persons, prepared in collaboration with non-governmental organisations.
68. A national strategy to combat discrimination against LGBTI
persons was adopted in 2022 for the period 2022-2025. UNAR organises
campaigns to prevent and combat discrimination. It recently launched
the campaign “A + LOVE
Note”, on the occasion of IDAHOT.
It has established anti-discrimination Centres for LGBT+ persons
in 18 Italian regions. There are currently 46 centres, where about
6 500 people, including minors, have been received. In July 2024,
a call for projects with a budget of €6 million was issued to fund
new initiatives. Several projects are implemented with the Higher
Institute of Health, such as the infotrans.it portal.
69. Homophobia has not yet been included in the anti-hate speech
law as an aggravating factor. None of the draft legislation tabled
in this connection has been adopted. Article 3 of the Italian Constitution
provides constitutional-level anti-discrimination protections by
affirming that “all citizens have equal social dignity and are equal
before the law, without distinction of sex, race, language, religion,
political opinion, or personal and social conditions”. Legislative
Decree No. 216/2003 aims at protecting individuals from discriminatory
actions based on sexual orientation in work, social, and family
settings. If a victim of discrimination is considered vulnerable,
he or she is entitled to a number of additional guarantees and protection.
The code red, introduced so as to implement the provisions of the
Council of Europe Convention on Preventing and Combating Violence against
Women and Domestic Violence (CETS No. 210, “Istanbul Convention”),
is also applicable to same-sex couples.
70. There is not yet a law on marriage equality in Italy. There
is a law regulating civil unions, guaranteeing parity of rights
with marriage, with the exception of the rights related to filiation
or adoption. In the absence of legislation, it is for the courts
to fill the legal vacuum. It is not permitted to adopt children
at birth or access to surrogacy. It is only possible to adopt “stepchildren”
going through the courts and a relatively long procedure. In some
cities, there was an interpretation of the law that allowed birth
certificates obtained abroad to be registered in the civil registry
with the names of both parents. This interpretation has been criticised
and the Ministry of the Interior has asked for the names of mothers
who had not born the child to be deleted from the registry. These
mothers were informed by mail that their name would be removed.
Legal proceedings have been brought against these decisions in order
to protect children’s interests and prevent them from being separated
from one of their parents. If the mother who carried the child dies,
the child would find itself without parents. In March 2024, the
Court of Padua ruled that children should be able to retain a legal
tie with their two mothers. The Italian government has appealed
against this ruling.
71. Representatives of LBQ organisations told me that they could
not live in peace and that a climate of fear was taking hold in
the country. There is a willingness to make LBQ women invisible
and, as in other countries, the word “lesbian” is used as an insult.
Incitements to hatred are commonplace, posing a threat of “social contagion”.
A positive view of lesbian identity has not yet established itself.
Conversion practices are not yet prohibited and still practised.
Transgender persons are also the targets of attacks.
72. Access to sexual and reproductive health is a source of concern.
LBQ women also told me that LBQ patients were infantilised by the
medical staff in some health establishments. I was also told of
a will to control LBQ women’s bodies, which can lead to discrimination.
NGOs talked of State-sponsored lesbophobia in Italy.
73. During my visit, I heard political messages which are a source
of concern such as perplexity about self-perception of gender, hormone
treatments for transgender people, the use of quotas and there being
no need to treat women and LGBTI persons as separate categories.
There is a fear that asserting LBQ women’s rights will undermine
Italian culture and tradition. I believe that specific measures
are needed to combat discrimination and violence against LBQ women
effectively. In February 2024, the UN Committee on the Elimination
of Discrimination against Women asked the Italian authorities to
take measures to combat hate speech against LBTI women.
Note
74. As in other States, action is required to remedy underreporting
of discrimination and violence, to combat gender stereotypes, to
report violence, to prosecute perpetrators and to guarantee equal
rights for LBQ women.
7 Recommendations
75. The existing legal framework
may provide remedies in cases of violence and discrimination against
LBQ women or paths forward when it comes to public policy making
in this field. Laws to combat hate speech and hate crime should
include hatred based on sexual orientation, gender identity and
gender expression as aggravating factors.
76. Article 4, paragraph 3 of the Istanbul Convention requires
States Parties to implement the convention without discrimination
on any ground such as sex, gender, sexual orientation, gender identity
or other status. This means that all women should have equal access
to the protection and support guaranteed by the convention. LBQ
women face specific barriers due to ignorance, stigma and prejudice,
including among the professionals and support services they may
turn to. Training should be organised for these professionals on proper
reception for all.
77. Recommendation CM/Rec(2010)5 of the Committee of Ministers
to member States on measures to combat discrimination on grounds
of sexual orientation or gender identity applies to lesbian, gay,
bisexual and transgender persons, and calls on States to put in
place a wide range of measures to combat discrimination against
them. The implementation of this recommendation should be secured.
78. Numerous Assembly resolutions also contain relevant recommendations.
These include, most recently, Resolution 2543 (2024) “Freedom of
expression and assembly of LGBTI people in Europe”, Resolution 2417 (2022)
“Combating rising hate against LGBTI people in Europe” and Resolution
2239 (2018) “Private and family life: achieving equality regardless
of sexual orientation”, as well as relevant parts of some resolutions
addressing women’s rights in specific fields, such as Resolution
2465 (2022) “The fight for a level playing field – Ending discrimination
against women in the world of sport” and Resolution 2395 (2021) “Strengthening
the fight against so-called ‘honour’ crimes”.
79. In November 2020, the European Commission adopted its first
ever equality strategy for LGBTIQ people. It aims to tackle discrimination,
ensure their safety, build inclusive societies and lead the call
for LGBTIQ equality around the world.
Note It acknowledges that women in the
LGBTI community face intersectional discrimination. I hope that
the next Commission will continue this work and will be able to
adopt a new strategy in 2025. The Council of Europe is also preparing
its strategy on this subject, which is scheduled for adoption in
2027.
80. Education programmes that fail to address lesbophobic bullying
or that present LBQ women and girls in a negative light also have
deeply harmful effects on them while serving to perpetuate lesbophobic
attitudes in society. The so-called anti-propaganda laws that aim
at restricting access to sexuality education that is inclusive of
LGBTI identities in schools will have long-term negative impacts.
The Assembly should call once again on States which have adopted
such laws to repeal them. Guaranteeing access to information is
not an incitement to change sexual orientation or gender identity
but can allow for discussion in a respectful setting.
81. The lack of data on lesbian, bisexual and queer women, not
only in Europe but also worldwide, inevitably results in their invisibilisation,
inequalities and in shortcomings in public policies to prevent and
combat violence and discrimination against them, which makes them
still less visible in society. There are barriers to understanding
the lived experiences of LBQ women.
82. During our interview, Ms Berruti stressed the importance of
recognising same-sex marriages celebrated abroad. In Monaco, there
is still no legislation on marriage equality and same-sex marriages
celebrated abroad are not recognised. Only the person who carried
the child has rights and the co-parent in a same-sex couple has
no rights over the child. Recognising equal rights would ensure
stability in the event of the death of the parent who carried the
child and administrative peace of mind on a daily basis. I hope
that this report will raise awareness of the difficulties linked
to the lack of recognition of marriage and the inequalities that
result from it and will be a step towards changes at the legislative
level.
83. Marriage equality and other forms of legal recognition of
same-sex couples have helped to change mentalities and make European
societies more open. Member States should be encouraged to legislate
on marriage for all, establishing equal rights and recognising marriages
celebrated abroad, including those of same-sex couples.
84. Gender equality policies and strategies often fail to address
the needs of LBQ women and work on the rights of LGBTI persons often
pays little attention to the situation of LBQ women. Public policies
must include all gender dimensions and specific research on the
situation of LBQ women should be funded and carried out. It is time
to move away from a heterosexist vision of society.
85. Campaigns to raise awareness about the need to prevent and
combat violence and discrimination against LBQ women should be supported,
especially on the International Lesbian Visibility Day, which is celebrated
every year on 26 April.
8 Conclusions
86. LBQ women suffer multiple discrimination
in Europe and lesbophobic insults are still commonplace. There must
be systematic sanction of such insults and training in respect for
all.
87. A change in the portrayal of LBQ women in culture is needed.
A stereotyped vision of LBQ women is still used too often. They
have diverse profiles, which should also be represented in the media,
on television and in the cinema.
88. The climate of hate gives rise to fear to be oneself. As political
leaders, we have a responsibility to guarantee everyone the right
to be themselves and to leave no room for hatred and discrimination.
We must protect everyone’s freedom of expression and support reforms
designed to achieve equal rights.
89. All political leaders who consider that diversity is a strength
should feel bound to take this path. In the Assembly, this commitment
can take the form of active participation in the activities of the
Parliamentary Platform for the rights of LGBTI people in Europe.
90. The philosopher Claire Marin talks of a “duty to be self-effacing”
which societies impose on LGBTI persons.
Note It is time
to make sure that nobody feels the need to hide themselves to escape
discrimination or violence. In response to the reactionary movements
which are attempting to make LBQ women invisible in our societies,
we must stand firm and step up our support.
