Freedom of expression and assembly of LGBTI people in Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 17 April 2024 (11th sitting) (see Doc. 15953, report of the Committee on Equality and Non-Discrimination,
rapporteur: Mr Christophe Lacroix). Text
adopted by the Assembly on 17 April 2024 (11th sitting).
1. The rights to freedom of expression
and freedom of assembly are fundamental human rights for all. Everyone
must be able to enjoy these human rights equally and in safety,
and the European Convention on Human Rights (ETS No. 5) guarantees
these rights. The Reykjavik Principles for Democracy, adopted in
May 2023 by the Heads of State and Government of the Council of
Europe at the 4th Summit, reaffirm the commitment of the member
States to protect freedom of expression and freedom of assembly.
2. Undeniable progress has been made in the advancement of rights
and in preventing and tackling violence and discrimination against
lesbian, gay, bisexual, transgender and intersex (LGBTI) people
over the past two decades. More and more European cities are holding
Pride marches. However, in recent years, there have also been attacks
on the freedom of expression and freedom of assembly of LGBTI people
in many member States of the Council of Europe. LGBTI events have
been cancelled, stopped from taking place or have not been authorised,
contrary to the case law of the European Court of Human Rights,
which provides that concerns for the maintenance of public order
cannot justify banning peaceful public LGBTI events or imposing
disproportionate restrictions on them.
3. Bans on LGBTI events, crackdowns on events by law-enforcement
authorities, non-existent or inadequate protection against attacks
on gatherings, harassment, intimidation, physical attacks, online
attacks, threats, the adoption of “anti-LGBTI propaganda” laws and
censorship are all attacks on the freedom of expression and freedom
of assembly of LGBTI people. Attacks or obstacles intended to deny
LGBTI people these rights contribute to their stigmatisation and
“invisibilisation” and make them more vulnerable to human rights
violations. The visibility of LGBTI people and movements must be
protected, as it is an affirmation of the identity and existence
of LGBTI people in the public space. The Parliamentary Assembly
expresses its serious concern for LGBTI people living in the Russian
Federation where what is called the “LGBTI international movement”
has been designated as extremist by the country’s Supreme Court,
resulting in the criminalisation of a wide range of activities related
to the exercise of freedom of association, assembly and expression.
It is imperative to safeguard the rights of LGBTI people in the
face of such oppressive measures.
4. Anti-LGBTI hate speech is often used for political ends, targeting
not only part of the population, which is potentially endangered
as a result, but also human rights defenders, politicians and others
who recognise and support the equal enjoyment of human rights by
LGBTI people. The Assembly asserts that there is no such thing as
“LGBTI ideology” and that the rights of LGBTI people are the same
as those of all other people. It roundly condemns all bias-motivated
speech on grounds of sexual orientation, gender identity and sex characteristics.
Such hate speech fuels other bias-motivated crimes against LGBTI
people. It points out that political leaders have a duty to prevent
and combat hate speech, whatever the motivation behind it. The creation
within the Assembly of the Parliamentary Platform for the rights
of LGBTI people in Europe in 2022 demonstrates this commitment.
5. Fully guaranteeing freedom of expression and freedom of assembly
is not just vital in any democratic society but it is also a human
rights obligation. The Assembly regrets that equality before the
law, particularly for LGBTI people, has not yet been fully achieved
throughout Europe. It is especially concerned at the rising number
of attacks on transgender people. It calls for transgender people’s
rights to be respected and for their protection in all circumstances
and strongly condemns hate speech and transphobic violence against
them.
6. The Assembly reiterates its call to member States in
Resolution 2417 (2022) “Combating
rising hate against LGBTI people in Europe” to tackle hatred and
discrimination against LGBTI people with renewed energy and urgency.
It also emphasises the importance of implementing 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.
7. In light of these considerations, the Assembly calls on the
member and observer States of the Council of Europe and States whose
parliaments enjoy observer or partner for democracy status with
the Assembly to:
7.1 ensure that
judgments of the European Court of Human Rights relating to the
rights of LGBTI people are implemented;
7.2 refrain from adopting constitutional amendments contrary
to the rights of LGBTI people and repeal any provision of this kind
already in force;
7.3 ensure that laws against hate and discrimination are enforced,
amend them if they do not yet include provisions concerning discrimination
on grounds of sexual orientation, gender identity, gender expression
and sex characteristics, and step up efforts to prevent and tackle
intersectional discrimination;
7.4 repeal “anti-LGBTI propaganda” laws if they have been
enacted and implemented, and allow all people to access information
about different types of sexual orientation, gender identity, gender expression
and sex characteristics;
7.5 work towards annulling all declarations and charters contrary
to the rights of LGBTI people adopted at local and regional levels,
where applicable;
7.6 support the visibility of LGBTI people in the public space;
7.7 support the holding of Pride marches and other demonstrations
supporting LGBTI people’s effective enjoyment of human rights, protect
them if necessary, take adequate measures to facilitate access to
gatherings and contain counterdemonstrators, and publicly condemn
all illegal interference with the exercise of freedom of expression
and peaceful assembly targeting LGBTI people or human rights organisations
that support the rights of LGBTI people;
7.8 investigate, prosecute and, where appropriate, punish
perpetrators of bias-motivated violence against LGBTI people;
7.9 effectively combat strategic lawsuits against public participation
(SLAPPs);
7.10 implement Recommendation CM/Rec(2022)16 of the Committee
of Ministers to member States on combating hate speech and General
Policy Recommendation No. 17 of the European Commission against
Racism and Intolerance (ECRI) on preventing and combating intolerance
and discrimination against LGBTI persons;
7.11 establish consultation with LGBTI organisations as part
of legislative processes, especially in areas that may affect the
human rights of LGBTI people.
8. With regard to preventing violence, prejudice and discrimination
against LGBTI people, the Assembly calls on member and observer
States of the Council of Europe and States whose parliaments enjoy
observer or partner for democracy status with the Assembly to:
8.1 outlaw conversion practices,
if they have not already done so, and utilise existing domestic violence
legislation to prosecute the perpetrators of conversion practices,
where possible;
8.2 invest in gender equality education and train teachers
on these issues;
8.3 support sex and emotional education programmes inclusive
of LGBTI identities and tailor the programmes to the ages of pupils
in schools;
8.4 train law-enforcement officers to protect specific groups,
including LGBTI people, during demonstrations and public events;
8.5 run awareness campaigns on the rights of LGBTI people
and diversity;
8.6 guarantee legal recognition of gender identity;
8.7 recognise, if this is not already the case, the right
to marriage for same-sex couples.
9. The Assembly welcomes the creation of the Council of Europe’s
Committee of Experts on Sexual Orientation, Gender Identity and
Expression and Sex Characteristics (ADI-SOGIESC) and calls on member States
to appoint a member to it and to support its work.
10. The Assembly urges member States to recognise fears of persecution
on grounds of sexual orientation, gender identity, gender expression
or sex characteristics as grounds for granting asylum, to be supportive
of asylum applications made by LGBTI people who have been forced
to flee their country for these reasons and to ensure their access
to humanitarian and entry visas to grant access to their territories.
11. The Assembly also asks political parties to commit to tackling
hate, whatever the basis for it, to oppose anti-LGBTI hate speech
and disinformation and to adhere to the principles and rules of
the Charter of European political parties for a non-racist and inclusive
society. It expresses support for defenders of the rights of LGBTI people
and civil society organisations working to protect the rights of
LGBTI people.
12. Last, the Assembly calls on member States to give political
and financial backing to the mandate of the United Nations Independent
Expert on protection against violence and discrimination based on
sexual orientation and gender identity, and to support the implementation
of his or her recommendations.
