RIS321810 Den Haag Strijdbaar voor de transgemeenschap bijlage 4

In September, the Committee of Ministers, in its role supervising the implementation of judgments from ECtHR, noted concern with the adoption of an anti-LGBTI law in Georgia and called on authorities to implement the A.D. and Others v. Georgia decision by implementing a framework for LGR. ECRI also called on Lithuania to implement the judgement in L. v. Lithuania.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE The Conference of INGOs conducted a survey on the stigmatisation of NGOs in the Council of Europe region and released its report in March. ECRI reviewed its priority recommendation for Cyprus, finding that while Cyprus had indicated its willingness to work on a national LGBTI strategy as recommended in 2023, a strategy had yet to be adopted. ECRI also noted the continued “state of danger” for LGBTI persons in Hungary and called on Hungary to rescind restrictive legislative measures. ECRI also called on the United Kingdom to implement its 2018 LGBT action plan and on Lithuania to create a taskforce to commission a study on the situation of LGBTI persons and consider developing an LGBTI equality strategy.

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ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024

UNITED NATIONS The UN Special Procedures mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (UNSP on SOGI) presented two thematic reports (see also under Freedom of Expression, Assembly and Association, and under Participation in Public, Cultural, and Political Life) and conducted country visits to Albania and Poland in 2024.

ACCESS TO GOODS AND SERVICES During its Universal Periodic Review (UPR), Cyprus was recommended to take steps to reduce discrimination in access to public services against LGBTI people. The Committee on the Rights of Persons with Disabilities (CRPD) recommended Azerbaijan to ensure full inclusion of LGBTI persons with disabilities in healthcare, legal, and social services.

BIAS-MOTIVATED SPEECH AND VIOLENCE During their UPR, Monaco, Cyprus, North Macedonia, and Slovakia received recommendations to strengthen protections against hate speech and discrimination targeting LGBTI people. Monaco was urged to carry out awareness-raising campaigns on LGBTI-phobic hate speech, legal provisions, and reporting procedures. Cyprus was encouraged to take effective measures to prevent and sanction hate speech, combat discrimination based on sexual orientation and gender identity, and develop programmes to raise awareness and address hatred and violence. North Macedonia was recommended to amend its Criminal Code to explicitly include sexual orientation, gender identity, gender expression, and sex characteristics as protected grounds and to strengthen protections for LGBTI people and Roma against hate speech. Slovakia was advised to adopt a comprehensive action plan against hate speech, violence, and discrimination towards LGBTI people, while also being urged to prohibit the involuntary sterilisation of trans women as a precondition for legal gender recognition.

The Human Rights Committee (CCPR) recommended Iceland, France, Greece, and Malta to strengthen legal protections against hate speech and hate crimes, with Iceland urged to tackle online hate and anti-LGBTI rhetoric; Greece to address discrimination and derogatory speech against intersex people; France to improve data collection and law enforcement training; and Malta to enhance enforcement, particularly for cases targeting racialised LGBTI people. The Committee on Economic, Social and Cultural Rights (CESCR) and Committee on the Elimination of Discrimination against Women (CEDAW) urged Romania and Italy to combat hate speech and discrimination, with Romania advised to implement intersectional strategies and effective reporting mechanisms, and Italy to address hate speech in media and online spaces and ensure accountability for perpetrators. Committee Against Torture (CAT) and CCPR called on Turkey and Azerbaijan to thoroughly investigate hate crimes, prosecute perpetrators, and provide effective remedies for victims. CAT also urged North Macedonia to explicitly criminalise hate speech and hate crimes in its Criminal Code and Azerbaijan to criminalise them under national law.

CESCR and CEDAW recommended Poland and Estonia to strengthen legal protections, with Poland urged to criminalise hate crimes and incitement to hatred based on sexual orientation and gender identity, and Estonia to enhance protections against hate crimes and harassment targeting LBTI women while ensuring better access to justice and victim support services. The Committee on the Rights of the Child (CRC) and CEDAW called on Georgia and Tajikistan to protect LGBTI people from discrimination and violence, with Georgia urged to safeguard LGBTI children and families from hate crimes, and Tajikistan to ensure access to support services for LGBTI victims of gender-based violence.

BODILY INTEGRITY In April, the Human Rights Council adopted the first-ever resolution on Combating discrimination, violence and harmful practices against intersex persons. The resolution calls for the Human Rights Commission (HRC) to pay increased attention to the situation of intersex persons and to create opportunities to exchange best practices in addressing human rights violations against them.

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CAT and CRC recommended Finland, Austria, and France to prohibit non-consensual medical interventions on intersex children, with Finland urged to ensure compensation and rehabilitation for victims and Austria to establish independent oversight of medical decisions. Additionally, CAT recommended France to ban all forms of conversion practices and ensure survivors have access to remedies and support. CCPR and CESCR recommended Iceland to fully prohibit unnecessary medical interventions on intersex children and ensure access to legal remedies and support services. CRPD recommended the Netherlands and Belgium to explicitly ban unnecessary medical procedures on intersex children, with the Netherlands urged to improve support for intersex people and their families, and Belgium to provide legal remedies and support services. CAT called on Austria to provide compensation and support for intersex people affected by harmful medical procedures and. During its UPR, Slovakia was recommended to prohibit the involuntary sterilisation of trans women as a precondition for legal gender recognition. CCPR recommended the United Kingdom to prohibit conversion practices across all regions, including Northern Ireland.

DATA COLLECTION During UPR, Cyprus and Malta were recommended to increase collection of disaggregated data to combat hate speech and discrimination based on sexual orientation, age, disability, ethnicity, and religion. The Netherlands and Sweden received similar recommendations on intersectional data collection from CRPD and France from CCPR.

EDUCATION During its UPR, Cyprus was recommended to take steps to reduce discrimination in education against LGBTI people. CCPR recommended Croatia and Serbia to strengthen anti-discrimination measures in schools, with Croatia urged to include teacher training and mandatory diversity education, and Serbia to combat discrimination and prejudice through inclusive education programs. CRC recommended the Russian Federation to ensure LGBTI children have access to inclusive and nonstigmatising education and to establish legal frameworks protecting them from bullying and harassment in schools. CESCR recommended Romania and Ireland to improve legal protections for LGBTI people in education. CRC and CESCR recommended Armenia and Iceland to strengthen anti-bullying policies in schools to protect LGBTI children from harassment. CRC recommended Bulgaria to implement inclusive education policies and ensure meaningful participation of LGBTI children in decisions affecting them.

EMPLOYMENT On 18 July, the Working Group on the issue of human rights and transnational corporations and other business enterprises presented its report, ‘Protecting and respecting the rights of lesbian, gay, bisexual, transgender and intersex persons in the context of business activities: fulfilling obligations and responsibilities under the Guiding Principles on Business and Human Rights’ to the UN General Assembly. During its UPR, Cyprus was recommended to take steps to reduce discrimination in employment against LGBTI people. CESCR and CCPR recommended Greece, Ireland, Sweden, and Romania to strengthen anti-discrimination measures for LGBTI people in employment, with Greece urged to improve inclusion policies to address systemic discrimination, Ireland to take targeted measures to reduce inequalities, and Sweden to enhance protections for transgender people in the labour market, including recruitment and wage equality. CESCR recommended Kyrgyzstan to introduce anti-discrimination protections in employment.

EQUALITY AND NON-DISCRIMINATION On 23 October, the mandate holders of the UNSPs on sexual orientation and gender identity (SOGI) and human rights defenders wrote to the government of Bosnia and Herzegovina regarding their concern related to the Bill, ‘Law on Amendments of the Criminal Code of Republika Srpska’, which would remove “gender identity” as an explicitly stated protected ground.

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The Working Group on discrimination against women and girls released an LGBTI-inclusive guidance document on 31 October. During their UPR, Monaco, Malta, North Macedonia, and Slovakia received recommendations to strengthen legal protections against discrimination and violence targeting LGBTI people. Monaco was urged to adopt legislation prohibiting discrimination based on sexual orientation and gender identity and introduce legal norms to protect the rights of the LGBTI community. Slovakia was advised to intensify efforts to implement its Anti-discrimination Law, and adopt a National Action Plan for LGBTI equality. CCPR recommended Croatia to integrate explicit LGBTI protections into national strategies on discrimination and gender equality and urged Turkey to amend anti-discrimination laws to explicitly include sexual orientation and gender identity as protected grounds. CESCR called on Poland to adopt comprehensive anti-discrimination legislation explicitly protecting LGBTI people and recommended Ireland to ensure that sexual orientation, gender identity, and sex characteristics are explicitly included as protected grounds. CRC advised Armenia to adopt a comprehensive anti-discrimination law with explicit protections for LGBTI children.

CEDAW recommended Estonia, Montenegro, and Greece to strengthen protections for LGBTI people, with Estonia and Montenegro urged to explicitly include LBTI women in anti-discrimination laws and policies, and Greece to fully implement its National Strategy for LGBTIQ+ Equality, ensuring targeted protections for those facing intersectional discrimination. CRC also urged Estonia to include sexual orientation and gender identity in its anti-discrimination laws. CRPD called on Belgium, Sweden, and Azerbaijan to strengthen protections for LGBTI people with disabilities, with Belgium urged to ensure accessible reporting mechanisms, Sweden to strengthen intersectional policies; and Azerbaijan to incorporate explicit protections against intersectional discrimination into its legal and policy frameworks. CRC recommended Bulgaria and Lithuania to protect LGBTI children from discrimination, with Bulgaria urged to address bullying and violence in education, healthcare, and social services, and Lithuania to integrate explicit anti-discrimination measures into child protection policies and enhance monitoring and enforcement of protections. CCPR urged Malta to accelerate the adoption of the Equality Bill to establish a comprehensive anti-discrimination framework.

CESCR recommended Albania to fully implement anti-discrimination measures by increasing public awareness, allocating resources, and strengthening accountability mechanisms.

FAMILY During their UPR, Monaco, Cyprus, and Slovakia received recommendations to strengthen legal recognition and rights for same-sex couples. CESCR recommended Albania and Poland to establish legal recognition of same-sex partnerships, with Albania urged to extend spousal benefits and Poland to ensure equal rights, including parental rights. CCPR called on Serbia to fully recognise the rights of same-sex couples and guarantee legal protections in areas such as property, pensions, and inheritance.

FREEDOM OF EXPRESSION, ASSEMBLY, AND ASSOCIATION On 18 April, the UNSP on SOGI presented his report on Protection against violence and discrimination based on sexual orientation and gender identity in relation to the human rights to freedom of expression, peaceful assembly and association, to the UN Human Rights Council. On 16 September, the mandate holders of the UNSPs on education, freedom of opinion and expression, freedom of peaceful assembly and of association, the highest attainable standard of physical and mental health, privacy, and SOGI wrote to the government of Georgia to express concern about the bill ‘The Law of Georgia on Family Values and Protection of Minors’ (an anti-propaganda law), calling for the bill to be defeated in Parliament. On 14 October, the mandate holders of the UNSPs on SOGI, education, freedom of opinion and expression, freedom of peaceful

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assembly and of association, the highest attainable standard of physical and mental health, human rights defenders, and privacy wrote to the government of Bulgaria regarding the ‘Law on Amendments and Supplements to the Law on Preschool and School Education’ (an anti-propaganda law), calling for the government to clarify how it would ensure protections of human rights and compliance with international human rights obligations. The UN Human Rights Office had issued a statement reacting to the same legislative process on 16 August. On 18 December, the mandate holders of the UNSPs on human rights in the Russian Federation, freedom of peaceful assembly and of association, privacy, SOGI, and discrimination against women and girls wrote to the government of the Russian Federation regarding amendments increasing the punishments for violators of existing anti-propaganda laws targeting LGBTI persons and issues. CCPR recommended Serbia, Turkey, and Kyrgyzstan to safeguard the rights of LGBTI people to peaceful assembly, expression, and association, urging Serbia to prevent violence and intimidation, Turkey to guarantee these freedoms, and Kyrgyzstan to repeal laws restricting freedom of expression

FREEDOM FROM TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT On 29 October, the UNSP on the situation of human rights in the Russian Federation released a thematic report to the UN General Assembly, which included a section on the dire situation of LGBT persons in the country. CAT recommended Türkiye and North Macedonia to address violence against LGBTI detainees, with Türkiye urged to investigate sexual violence and harassment in detention facilities and North Macedonia to adopt a national strategy and ensure independent investigations. It also urged Azerbaijan to take effective measures to prevent violence and discrimination against LGBTI people.

HEALTH On 14 March 2024, the UNSPs focused on the highest attainable standard of physical and mental health, SOGI, and discrimination against women and girls released A Guide on the Human Rights of Sex Workers, which makes specific mention of the risks faced by trans women. During their UPR, Cyprus, North Macedonia, and Slovakia received recommendations to strengthen protections against discrimination and improve access to healthcare for LGBTI people. Cyprus was urged to take steps to reduce discrimination in employment, housing, education, public services, and healthcare. North Macedonia was recommended to ensure uninterrupted access to gender-affirming healthcare, aligning it with principles of depathologisation, non-discrimination, and international human rights standards. Slovakia was advised to create protections for LGBTI people and human rights defenders to guarantee full access to healthcare services, including gender-affirming medical care. CESCR recommended Ireland, Greece, Sweden, and Romania to strengthen protections for LGBTI people in healthcare, with Ireland and Greece urged to address inequalities in healthcare alongside employment protections, and Romania to improve legal protections in the healthcare system. CEDAW also called on Greece to improve inclusion policies in healthcare settings to address systemic discrimination.

CEDAW recommended Montenegro to train medical professionals on inclusive healthcare for LBTI women. CRC urged Estonia to ensure inclusive access to healthcare for LGBTI children, particularly focusing on mental health support.

HOUSING During its UPR, Cyprus was recommended to take steps to reduce discrimination in housing against LGBTI people. The CESCR recommended Romania to improve legal protections for LGBTI people housing.

HUMAN RIGHTS DEFENDERS During its UPR, Slovakia was recommended to create protections for LGBTI people and LGBTI human rights defenders to

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ensure the full exercise of their rights. CAT recommended Turkey to end the criminalisation of LGBTI activism and ensure that LGBTI organisations and activists are protected from harassment and arbitrary detention. CEDAW recommended Tajikistan to protect the rights of LGBTI activists and organisations by ensuring they can operate freely without fear of repression.

INSTITUTIONAL SUPPORT For IDAHOT+, on 17 May, 40 UNSPs and the Inter-American Commission for Human Rights released a statement on the need to redouble efforts to end discrimination based on SOGI and calling on State “to uphold the inherent dignity of all persons, without distinction, by addressing the root causes of discrimination and violence”. On 19 July, the UN High Commissioner for Human Rights Volker Türk and UNAIDS Executive Director Winnie Byanyima released a statement on the impact of criminalisation on the lives of LGBTI people, calling for global removal of punitive laws targeting LGBTI persons. On 23 September, Volker Türk, the UN High Commissioner for Human Rights, gave a speech to the Summit of the Future regarding increasing threats to the rights of LGBTI people.

On 10 October, United Nations Special Procedures (UNSPs) on sexual orientation and gender identity (SOGI); extrajudicial, summary or arbitrary executions; torture and other cruel, inhuman or degrading treatment or punishment; the highest attainable standard of physical and mental health; freedom of peaceful assembly and of association; freedom of opinion and expression; human rights defenders; violence against women and girls, its causes and consequences; discrimination against women and girls; arbitrary detention; and the situation of human rights in the Islamic Republic of Iran released a joint statement calling for the abolition of the death penalty and for decriminalisation of same-sex conduct. The Working Group on discrimination against women and girls published a guidance document on Gender equality and gender backlash on 31 October, which addresses attacks on LGBTI human rights defenders by anti-gender movements and is designed to inform member States about recent developments in terms of “gender” and human rights.

LEGAL GENDER RECOGNITION During 2024, the UNSP on violence against women and girls, its causes and consequences, made several statements, without the support of other UNSPs, regarding legal gender recognition (LGR). Regarding Germany, she said that the selfdetermination-based LGR framework in the country failed to include “safeguards to prevent abuse of the process by sexual predators… including in single sex spaces”. During their UPR, Monaco, Cyprus, North Macedonia, and Slovakia received recommendations to improve LGR processes for trans people. Monaco was urged to permit trans people to change their gender on identity documents and public records. Cyprus was recommended to introduce a transparent self-identification process for LGR, free from medical or diagnostic requirements, and to adopt legislation allowing legal name and gender changes for people over 18 while advancing towards a law guaranteeing the right to gender identity. North Macedonia was advised to adopt and implement a quick, transparent, and accessible administrative procedure for LGR based on self-determination, adopt a gender equality law aligned with EU and UN standards, and ensure adequate funding for LGR procedures. Slovakia was urged to refrain from any legislative attempts to restrict LGR.

CESCR recommended France, Albania, Romania, Sweden, and Kyrgyzstan to improve LGR and access to gender-affirming healthcare, with France urged to simplify LGR procedures and ensure timely access to care, Albania to establish an accessible procedure, Romania to adopt a system that does not require gender reassignment surgery, Sweden to remove discriminatory barriers in healthcare, and Kyrgyzstan to eliminate restrictions, including the minimum age requirement for gender-affirming care. CCPR recommended Greece, Croatia, Serbia, and the United Kingdom to improve LGR processes, with Greece urged to align legal and medical classifications with WHO standards, Croatia to ensure gender-affirming healthcare is covered under

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mandatory health insurance, Serbia to simplify LGR by removing unjustified requirements, and the UK to eliminate psychiatric diagnosis and other intrusive conditions, ensuring a quick, transparent, and accessible procedure. CAT recommended Finland to extend legal gender recognition to trans children and ensure accessibility for those of sufficient age and maturity. CEDAW urged Montenegro to remove forced sterilisation as a requirement for LGR and called on Greece to adopt a clear legal framework that does not require medical procedures.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE On 29 August, the mandate holders of the UNSPs focused on sexual orientation and gender identity; the right to freedom of opinion and expression; the rights to freedom of peaceful assembly and of association; human rights defenders; and discrimination against women and girls wrote to the government of Kazakhstan with concern about denials of requests to hold LGBTI-related marches and peaceful public assemblies and police raids on private LGBTI events. On 15 July, the UNSP on SOGI presented a report on Electoral participation and protection against violence and discrimination based on sexual orientation and gender identity to the UN General Assembly. OHCHR promoted this report again on 04 November.

POLICE AND LAW ENFORCEMENT The CEDAW recommended Tajikistan to implement capacity-building programs for law enforcement and the judiciary on LGBTI rights.

PUBLIC OPINION CRC recommended Georgia and the Russian Federation to implement public awareness campaigns promoting equality and non-discrimination, with Georgia focusing on sexual orientation and gender identity and the Russian Federation on respect for LGBTI children, their families, and communities. CCPR recommended Serbia to intensify efforts to combat discrimination and prejudice against LGBTI people through public information campaigns.

SEXUAL AND REPRODUCTIVE RIGHTS On 14 September, the mandate holders of the UNSPs focused on violence against women and girls, its causes and consequences; sexual orientation and gender identity; torture and other cruel and unhuman or degrading treatment; and promotion of truth, justice, reparation and guarantees of non-recurrenance wrote to the government of Ukraine regarding a draft bill on victims of sexual violence in the context of the armed aggression of the Russian Federation against Ukraine, making specific note of the needs of victims with diverse sexual orientations and gender identities. For World Contraception Day (26 September) and International Safe Abortion Day (28 September), the mandate holders of the UNSPs on the highest attainable standard of physical and mental health, violence against women and girls, its causes and consequences, discrimination against women and girls, and SOGI released a joint statement calling for respect for the reproductive choices of women and girls in all their diversity, trans men, and gender diverse persons.

SOCIAL SECURITY AND SOCIAL PROTECTION On 16 July, the UNSP on trafficking in persons, especially women and children, published a report on gender and peace and security and their intersection with trafficking in persons. The report highlights how gender shapes the experience of conflict for LGBTI persons, often with an impact on the protection of their rights. CESCR recommended Ireland to ensure the full inclusion of LGBTI people in social protection policies, particularly those from disadvantaged or marginalised backgrounds.

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ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024

OSCE BIAS-MOTIVATED VIOLENCE The OSCE Office for Democratic Institutions and Human Rights (ODIHR) reported 9,891 hate incidents in 2023, based on civil society and international organisation submissions. Among them, 1,632 incidents were anti-LGBTI, making up a significant proportion of all recorded bias-motivated crimes. Data showed that 56% of anti-LGBTI hate crimes involved physical violence, while 38% targeted property. Official data from 48 participating States showed gaps in prosecution, with 30 states submitting police records on bias-motivated crimes, but only a few distinguishing hate crimes from hate speech. ODIHR urged states to improve hate crime legislation, enhance data collection, and train law enforcement on victim support.

HUMAN RIGHTS DEFENDERS The 2024 OSCE Parliamentary Assembly Gender Report highlighted growing restrictions on civil society organisations (CSOs) advocating for gender equality. It condemned the weaponisation of sexual violence in conflict zones and the persistent lack of legal protections for LGBTI people. The Assembly called on participating States to strengthen anti-discrimination frameworks, protect human rights defenders, and ensure meaningful political participation for women and LGBTI people.

PARTICIPATION IN PUBLIC, CULTURAL AND POLITICAL LIFE In April 2024, the Georgian parliament abolished mandatory gender quotas for parliamentary candidate lists, reversing previous commitments to gender equality in politics. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) assessed this negatively, warning that the move risks further marginalising women in political life. The percentage of women candidates dropped from 44.3% in the 2020 elections to 29% in 2024, with only three out of 18 party lists led by women. OSCE called for urgent action to restore effective measures ensuring equal political participation.

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ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024

ALBANIA

BIAS-MOTIVATED SPEECH Amidst public consultations for a new draft law on sexual and reproductive health, the Pro-Family and Pro-Life Coalition launched a disinformation campaign against the LGBTI community. The Coalition falsely claimed that surrogacy provisions are part of an agenda to infiltrate Albanian families. Members asserted that the “aggressive gay agenda” aims to take babies from mothers and give them to trans men, accusing the LGBTI community of “playing with the blood of Albanian babies.” On May 21st, Albania’s “Alliance Against Hate Speech,” issued a statement expressing concern over the recent surge in hate speech targeting the LGBTI community and human rights defenders. The statement noted that social and media platforms were rife with offensive language, derogatory comparisons and threats, affecting not only the IDAHOT 2024 campaign but also unrelated events. The Alliance underscored that respecting the rights of any community does not undermine the rights of others and urged responsible institutions to address hate speech, especially when propagated by public figures or those in positions of power, as it can cause significant harm. On May 23, the Pro-Family and Life Coalition organised the “Manifesto of Life” rally following a symbolic marriage ceremony of two women at the Tirana Municipality.

At the rally, the coalition began collecting signatures for a ‘Pro-Family’ petition. Participants falsely claimed that the LGBTI community aims to depopulate the country and impose hormone replacement therapies on children. The coalition filed a criminal complaint against the mayor of Tirana, seeking to open a criminal investigation. They accused him of abuse of duty, alleging that he had used his position to improperly promote the LGBTI agenda. Aleanca LGBT has taken proactive measures against hate speech spearheaded by the anti-LGBTI movement by lodging a series of seven complaints for incitement of hatred before the Prosecutorial Services of Tirana and one discrimination and hate speech complaint before the Commissioner for Protection from Discrimination. In October, the Balkan Investigative Reporting Network (BIRN) reported the worsening of prejudice against LGBTI people due to the rise of discriminatory comments from politicians in Albania. BIRN reported that Adriatik Lapaj, leader of the minor Shqiperia Behet party, reignited a public debate on same-sex marriage and adoption by posting discriminatory comments on Facebook in early October.

BIAS-MOTIVATED VIOLENCE An annual questionnaire by Aleanca LGBTI revealed that 42% Back to index <-->

of the LGBTI respondents personally experienced violence or discrimination in the past year. Notably, 71.3% of these incidents were linked to their being LGBTI. Likewise, 32% of respondents were acquainted with another LGBTI person who faced similar issues. Despite the provisions put in place by the law “On Protection from Discrimination”, public education on protection against discrimination remains notably low. Over 63% of respondents were unaware of the Commissioner for Protection against Discrimination’s existence. Equally noteworthy, 85% of respondents who encountered discrimination never lodged a discrimination complaint with the Commissioner’s office. In May, a trans woman was attacked by a group of men near Tirana municipality. Also in May, a group of minors threw stones at the representative of the LGBTI Alliance in Tirana. A participant in Tirana Pride 2024 faced similar violent behaviour. A couple of lesbian activists faced stoning attacks twice near their neighbourhood. Despite filing official complaints, the victim’s efforts to seek justice were unsuccessful.

BODILY INTEGRITY The situation for intersex people in Albania remains uncertain, as the country lacks legislation that enforces a comprehensive ban on non-consensual and non-therapeutic surgeries on intersex infants and precise data regarding the number of intersex babies born is unclear. While a series of laws mandates that individuals undergoing surgical interventions must provide expressed consent, intersex infants often undergo such procedures at a very young age, before they have the legal capacity to give consent. Surveys conducted by Aleanca LGBTI between 2020 and 2024 revealed that approximately 2% of respondents, out of around 420 surveyed, reported having been subjected to non-consensual interventions as infants.

EDUCATION Data from Aleanca LGBT’s annual questionnaire revealed that LGBTI people frequently encounter obstacles in accessing education due to their sexual orientation, gender identity, and sex characteristics, with 30% of those unable to complete compulsory education citing discrimination and economic challenges as significant factors. The questionnaire identified educational settings as primary sites of discrimination against LGBTI people, with approximately 63% of respondents believing that teachers and school principals remain uninformed about LGBTI issues, despite efforts to train educational staff under the National Action Plans (2016-2024).

Over the past five years, Aleanca LGBT documented 25 cases of individuals leaving education due to bullying and societal pressure, with 80.2% of LGBTI victims never reporting discrimination out of fear of exposure and further mistreatment. Sex education that omits the existence of LGBTI people and doesn’t provide any supportive information leaves them with fragmented knowledge on relevant issues. 93% of respondents confirmed that their school curricula lacked accurate LGBTI-related information.

EMPLOYMENT Aleanca LGBT reported that about 70% of respondents to its annual questionnaire found themselves uninsured and in unstable economic situations. The Labour Code, amended in December 2015, prohibits discrimination in employment and professions based on sexual orientation and gender identity (SOGI). Despite these legal protections, in 2024 a significant 57.8% of respondents reported never having been formally employed under a legal contract, while one-third are currently unemployed, which indicates systemic barriers and discrimination within the workforce. Furthermore, 26.7% of those currently employed reported experiencing harassment and prejudice in the workplace due to their SOGI. Notably, 71.3% of these incidents were linked to their being LGBTI, highlighting the ongoing discrimination and hostility faced by LGBTI workers.

EQUALITY AND NON-DISCRIMINATION Recent misinformation and hate speech targeting the LGBTI community in Albania contributed to increased incidents of discrimination and harassment. Many LGBTI people face hostility in the workplace, schools, and within their families, resulting in social isolation leading to mental health challenges like anxiety and depression. The pervasive fear of public exposure forces many LGBTI people to hide their identities, denying them the basic freedom to live authentically.

FAMILY On May 19, two lesbian women held a symbolic marriage ceremony on the terrace of Tirana City Hall, marking the first unofficial same-sex marriage in Albania. The couple had previously submitted a marriage declaration request to the Office of Civil Status, citing their constitutional right to marry as per Article 53, despite the Family Code reserving this right for heterosexual couples. The ceremony, officiated by British Methodist Church pastors, sparked a surge of hate speech from the Pro-Family and Life Coalition and various religious organisations. In September, Aleanca LGBTI started the first strategic litigation case concerning the legal recognition of a lesbian couple by filing a request for marriage before the Civil Registry Office. The case was presented before the Administrative Court of First Instance in December. Back to index <-->

FREEDOM OF EXPRESSION Currently, there are no legal provisions in the Republic of Albania that restrict individuals from discussing or reporting on LGBTI issues in the media. Additionally, no laws limit LGBTI people from assembling in public or private, forming associations, registering organisations, or holding events. However, in August, the Executive Director of Aleanca LGBTI was summoned by police to address a legal complaint received via email. The complaint alleged that the organisation’s logo, which features a doubleheaded eagle with one half coloured in rainbow, was derogatory and offensive to national symbols.

HOUSING To address the economic precarity faced by LGBTI people in the country, sexual orientation and gender identity have been recognised as eligibility criteria for social housing. The law on social housing (Law no. 22/2018, “On Social Housing”) establishes a framework for providing affordable housing to vulnerable populations, including the LGBTI community. It aims to ensure access to housing, particularly for individuals facing discrimination, such as trans people, who are disproportionately affected by housing issues. Between 2019 and 2024, for instance, 22 trans women were evicted from their homes solely based on their gender identity. Many LGBTI individuals view the capital city as the only place where they can live free from violence, leading to increased demand for housing there. However, a significant barrier to accessing social housing is the lack of trust in the system, as concerns about compromised confidentiality during the application and assessment process deter many from applying. The effectiveness of this legislation is further undermined by the absence of essential bylaws, which complicates proper implementation.

As highlighted by an article on portavendore.al, many institutions continue to rely on outdated provisions from previous laws when applying the current legislation, thus hindering progress and reinforcing legal gaps that continue to restrict the LGBTI community’s access to adequate housing.

INSTITUTIONAL SUPPORT In July, the United Nations Independent Expert on Protection Against Violence and Discrimination based on Sexual Orientation and Gender Identity emphasised the need to address legislative gaps by establishing a straightforward and affordable administrative procedure for legal gender recognition. Additionally, he recommended taking steps to make schools safe and inclusive environments for all children and called for improvements in the processes for reporting, documenting, and investigating bias-motivated crimes.

LEGAL GENDER RECOGNITION Despite numerous recommendations directed at Albania, a legal framework for gender recognition remains absent in the country. This deficiency leaves many trans people without essential documentation that accurately reflects their gender identity, perpetuating discrimination and stigmatisation while also limiting access to healthcare and other critical services. The Ministry of Health and Social Protection introduced a new Medical Protocol on Hormonal Treatment for Trans People, but effective implementation necessitates further capacity building among medical professionals to ensure they can provide appropriate support to trans people. In September, Aleanca LGBTI commenced a strategic litigation case seeking legal recognition of a trans woman’s gender identity before the Civil Court of First Instance of Tirana. Simultaneously, Ylberofilia, in collaboration with the Albanian Committee of Helsinki, continues to advocate in court for the right to amend personal information on identity cards.

SEXUAL AND REPRODUCTIVE RIGHTS A new draft law on sexual and reproductive health was criticised by activists as its provisions restrict access to Reproductive Medicine and Assistance (RMA) to heterosexual couples and single women and render surrogacy available only for married heterosexual couples who cannot conceive naturally.

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ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024

ANDORRA

BIAS-MOTIVATED SPEECH Hate speech, especially against trans people, remains a concerning issue in Andorra, with governmental bodies often contributing to or spreading bias-motivated speech. The Comú (city hall) of Escaldes-Engordany, invited the Spanish journalist Maricel Chavarria to a conference, qualifying her as an expert in inclusive language and feminism. Nonetheless, Chavarria aligns herself with trans exclusionary radical feminism perspectives, as indicated by interviews she gave to several newspapers and a video uploaded on the official EscaldesEngordany’s YouTube channel. The City Council of EscaldesEngordany responded to concerns raised by Diversand LGBTI association by stating that Chavarria’s views were personal opinions and did not constitute hate speech. The Area of Equality Policies opened a discussion about the conference, but it clarified that it has no jurisdiction over the actions of EscaldesEngordany’s city hall, as the decision was within the municipality’s autonomy.

EQUALITY AND NON-DISCRIMINATION According to Law 6/2022, this year, businesses and civil society organisations were bound to implement protocols for the effective implementation of the right to equal treatment and opportunities, as well as for the establishment of guarantees of nondiscrimination. Nonetheless, the law is built on the notion of gender, not gender identity, and defines gender as “the cultural and social construct that, based on biological differences, assigns different emotional, intellectual, and attitudinal characteristics to men and women,” stating that “based on these biological differences, gender shapes social relationships and power dynamics between men and women.” The omission of gender identity results in a gap in explicit protections for trans people in the scope of this law.

HEALTH Despite the Government’s promise of implementation by late 2023 or early 2024, mechanisms to access transition-related healthcare in Andorra are still not operational. The envisioned mechanisms include establishing a circuit with reference doctors, endocrinologists, and mental health professionals trained in trans healthcare, but these processes have not yet been finalised or accredited by the CASS system. By December 2024, no specific regulations for gender-affirming care had been published, but the Health Ministry had sent an almost finished draft to Diversand in November 2024. Emphasising the need for more specialised trans healthcare, Diversand suggested that those interested might start their transition abroad, although this is not yet officially facilitated by the Andorran healthcare system. Back to index <-->

The organisations have also reported cases of trans people undergoing hormone replacement therapy without professional supervision due to the lack of official measures to access these treatments. After long negotiations between the Health Ministry and Diversand, the Health Ministry affirmed its intention to allow trans people to access transition-related healthcare without psychological evaluation. However, as of 2024, these changes have not been implemented due to delays in finalising the necessary regulations. In one of the meetings between the Health Ministry and Diversand, the Health Ministry affirmed that people younger than 16 won’t have access to gender-affirming care. This sudden change was likely caused by the publication of the Cass Review in the UK and the reaction to it by neighbouring countries like France.

HOUSING Andorra is currently facing a challenging housing crisis, with rising rents that have rendered housing emancipation increasingly unattainable, resulting in many people living in overcrowded conditions. In December 2023, a movement advocating for decent housing emerged, culminating in one of the largest demonstrations in the country’s history. This mobilisation, which continued to gain momentum throughout 2024, marked a significant turning point as civil society, including the LGBTI movement, came together to demand urgent measures to address the housing crisis. Although the government is attempting to implement measures to address the situation, these efforts have largely proven inadequate. According to Diversand, the overall housing crisis disproportionately impacts LGBTI people, particularly those whose families do not accept their identity. Trans people, in particular, are at heightened risk, as the lack of supportive family environments exacerbates the challenges they face in securing safe and adequate housing.

INSTITUTIONAL SUPPORT The Department of Equality Policies and Diversand launched a visibility campaign on IDAHOBIT (May 17).

HUMAN RIGHTS DEFENDERS Feminist LGBTI activist Vanessa Mendoza Cortés, who faced defamation charges from Andorran authorities over a report highlighting the lack of access to abortion in the country, was acquitted on January 17. She was accused of defaming her country after having presented a report on the situation of abortion in Andorra to the 74th session of the UN CEDAW committee.

SEXUAL AND REPRODUCTIVE RIGHTS Abortion, even in instances of maternal risk, foetal abnormalities, or rape, remains outlawed in Andorra.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In the last week of October, Diversand participated in Andorra’s Associations Fair, one of the biggest civil society events in the country, for the second time.

 MORE INFORMATION ON WWW.ILGA-EUROPE.ORG Back to index <-->

ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024

ARMENIA

ACCESS TO GOODS AND SERVICES In July, a café owner publicly outed a gay customer in front of other customers, subjected him to insults, and ultimately denied him service, forcing him to leave the establishment. The individual reported the incident to law enforcement, but the ensuing criminal investigation did not address the element of discrimination based on sexual orientation. The details of the case were brought to light by Pink NGO, which documented the incident and will include its details in its annual report in early 2025.

ASYLUM In January, an Armenian court examined a claim against the Armenian Migration Service’s decision to reject the asylum application of a man who fled the republic of Chechnya after being tortured over his perceived homosexuality. The court ruled that LGBTI people are not safe in Chechnya and Russia, consequently granting him asylum and refugee status in Armenia and rejecting Russia’s request to extradite him.

BIAS-MOTIVATED SPEECH In alignment with the ongoing trend observed in recent years, in 2024, the LGBTI community was subjected to political manipulation by the opposition to the the Government. The discourse centred around proposed constitutional changes. Another instance of discriminatory rhetoric transpired in Parliament during discussions regarding amendments to the law against domestic violence, specifically concerning the definition of the term “partner.” Another surge of hate speech focused on Diana Ghzroyan, who represented Armenia at the “Miss Trans Star International 2024” beauty contest. Her participation incited a wave of derogatory and degrading remarks, which included threats and incitements to violence and discrimination based on her gender identity. Vahe Yeghiazaryan, who had attacked a trans woman during a livestream two years prior, directed explicit threats toward Ghzroyan and, in the aftermath of the murder of Georgian trans activist Kesaria Abramidze, certain offenders have made comments suggesting that Ghzroyan could be the next target. Despite the serious nature of these threats and the condemnations issued by non-governmental organisations, no criminal investigations have been initiated to examine the criminal elements of these messages or to hold the offenders accountable.

BIAS-MOTIVATED VIOLENCE In January, the Court of General Jurisdiction of Ararat and Vayots Dzor overturned the prosecutor’s decision not to pursue charges against a father who had abused his son due to his sexual orientation. Back to index <-->

The court found the investigation inadequate, deeming it a violation of the victim’s rights. The court also ruled that the constitutional prohibition against discrimination, which includes “personal or other social circumstances,” extends to sexual orientation, affirming its protection under the Constitution. In February, two individuals attacked a gay man, an American citizen, with the explicit intention to physically harm him because of his perceived sexual orientation. For the first time in Armenian history, the investigative body acknowledged hatred as a biased motivation during the criminal proceedings when determining the charges against the offenders. Initially, the preventive measure imposed on the offenders was a signature requirement to ensure they did not leave the country. However, one of the offenders continued to engage in criminal activities despite this measure, leading to the escalation of the preventative measure to formal arrest. In June, a trans woman and sex worker was attacked in her own apartment by a client, as documented by the Right Side NGO.

EDUCATION Throughout 2024, LGBTI people reported multiple incidents of persistent violence and degrading treatment in educational settings. In one case, a lesbian teenager endured ongoing abuse at her college and youth centre due to her sexual orientation. The hostile environment forced her to transfer between educational institutions multiple times to continue her education safely. In another case, a gay student experienced relentless bullying from both teachers and peers. To avoid the harassment, he lied to his mother to skip school, a situation that persisted for ten years before he finally reported the abuse. Further information about these incidents among others, will be available in Pink NGO’s annual report in early 2025.

EMPLOYMENT In June, human rights defender Anahit Manasyan delivered the opening speech at the concluding conference of the “Decent Work Now” program, which focused on addressing critical labour rights issues, including the protection of vulnerable groups such as LGBTI people. A trans asylum seeker faced repeated refusals for employment at various establishments due to their gender expression. Although some employers initially agreed to hire them, they later withdrew their offers without providing any explanations upon noticing that the gender marker on the person’s identification documents had not been updated, according to Pink NGO. The case has been documented by the NGO as part of its documentation of discrimination based on gender identity and expression.

EQUALITY AND NON-DISCRIMINATION After ongoing advocacy efforts from HR activists, Ministry of Justice has in 2024 provided a new draft for an antidiscrimination law that broadly defines discrimination. However the draft still omits references to sexual orientation and gender identity and instead of setting up the Equality Body as an independent body, foresees it to operate under the Ombudsman’s office, which diminishes its authority and the legal weight of its decisions. Another critical gap in the draft law is the lack of legal competence granted to public organisations. By the end of the year, at least 57 cases of discrimination, violence, and hate speech based on sexual orientation and gender identity were reported by LGBTI people. Violations recorded included instances of torture and inhumane treatment, such as conversion practices, domestic violence and breaches of privacy, robbery and extortion, and educational discrimination, including bullying and neglect by teaching staff. Notably, many of these discrimination cases entailed blackmail incidents targeting LGBTI people. Throughout the year, at least five hate crime cases were reported to Pink NGO, in which perpetrators extorted individuals by threatening to expose their sexual orientation or gender identity to family members or co-workers.

In some instances, these crimes were perpetrated by the victims’ partners, who exploited their personal vulnerabilities for financial gain. In September, ECOM published its 2024 analysis of Armenia’s national legislation concerning sexual orientation and gender identity (SOGI) and HIV, offering a range of recommendations for the Armenian government. The suggestions include adopting a comprehensive anti-discrimination law that defines discrimination, its types, and explicitly lists SOGI as protected grounds. It also urges amendments to various legal acts and norms to explicitly prohibit discrimination based on SOGI, as well as revisions to hate crime regulations in the Criminal Code to include SOGI in the list of protected characteristics.

FAMILY In April, Armenia’s parliament passed amendments to strengthen the country’s domestic violence law, including the recognition of “partners” in civil unions and extending protections to LGBTI people. Each year, approximately 50% of the documented cases of discrimination and human rights violations against LGBTI people reported by Pink NGO involve domestic violence, encompassing physical, emotional, economic, and other forms of violence perpetrated by family members. Despite the prevalence of these cases, only a small number of people choose to report the incidents to the police, with currently only one case having reached the domestic courts. The changes came into force in July, criminalising domestic violence and recognising children Back to index <-->

who witness such violence as victims. Since then, at least two cases of partner abuse and violence have become known, in which those affected chose not to report these incidents to law enforcement agencies out of a desire to avoid further harm and mistreatment.

FREEDOM FROM TORTURE, CRUEL, INHUMAN, OR DEGRADING TREATMENT Two cases involving attempts of conversion therapy were documented in the past year by Pink NGO. In the first instance, the mother of a teenage girl forcibly took her to both a psychologist and a neurologist in an effort to change her sexual orientation after the girl came out to her. One of the psychologists disclosed details about the girl’s sexuality to her mother, while the neurologist promised to “treat” her. In another case, a gay person sought psychological counselling but encountered a psychologist who encouraged him to pursue experiences with women. The individual was able to promptly terminate the counselling sessions due to this inappropriate guidance. In both situations, those affected chose to report their experiences only to Pink NGO’s social workers, declining to approach other specialists or authorities.

INSTITUTIONAL SUPPORT In January, the Parliamentary Assembly of the Council of Europe issued a written statement regarding anti-discrimination legislation in Armenia. In the statement, the Assembly urged the Armenian Government and Parliament to include protections based on sexual orientation, gender identity, expression, and sex characteristics in their proposed draft ‘law on equality’.

POLICE AND LAW ENFORCEMENT Police and law enforcement are not the first and often desirable point of contact for individuals who faced violence or other violations of their rights. For more information, see sections Family, Equality and Non-Discrimination and Freedom from Torture.

 MORE INFORMATION ON WWW.ILGA-EUROPE.ORG

ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024

AUSTRIA ASYLUM

In March, Austria denied the asylum claim of Gao Yi, a trans woman and founder of the Chinese Peaceful Revolutionary Party, a political unit that opposes the current Chinese government.

BIAS-MOTIVATED SPEECH In May, Manfred Haimbuchner, the leader of the Freedom Party of Austria (FPÖ) in Upper Austria, made remarks about gender diverse people as part of his opening speech at a 5,000-people party event. Haimbuchner mocked gender-diverse people and implied they do not belong in politics. In September, the Freedom Party (FPÖ) won the parliamentary elections with 28.8% of the vote, making it the largest party for the first time. Led by Herbert Kickl, the FPÖ is staunchly opposed to what it terms the “transgender brainwashing” of society and seeks to stop taxpayer funding for what it calls “queer experiments”. Prior to the election, representatives of the party expressed a clear willingness to promote legislation enshrining a binary understanding of gender in the country’s constitution. Three Austrian soccer players have been removed from the national team due to their participation in an anti-gay chanting incident. The incident, reported by Outsports, showed the players and staff chanting derogatory remarks that translate to “we are not little ass-loving violets.”

EQUALITY AND NON-DISCRIMINATION Starting in October, the “QueerFacts” training workshops will expand to Carinthia, Upper Austria, and Vorarlberg. Originally launched by the RosaLila PantherInnen association in collaboration with HOSI Vienna, HOSI Salzburg, VIMÖ, Verein Amazone, and INSIEME Kärnten, these workshops have been conducted in Styria, Salzburg, and Vienna. Their goal is to prevent extremism and sexism by fostering discussions on queer topics in educational institutions.

FREEDOM OF EXPRESSION In July, six billboards by German artist Anne Imhof featuring the phrase “Wish You Were Gay” were vandalised in the city of Bregenz, where they were on public display. The billboards were part of an art project described as “a love song to queer comingof-age”.

HEALTH In February, Federal Chancellor and ÖVP leader Karl Nehammer proposed a ban on hormone treatments for patients under the age of 18 without medical justification. The ban was part of the ‘Austria Plan’ of reforms, intended to be implemented by 2030, which Back to index <-->

became part of the ÖVP manifesto for the national elections 2024. Civil society organisations expressed their disappointment in the proposal, asking the ÖVP to reject it in favour of more inclusive legislation. A group of CSOs responded to the proposal by addressing an open letter to Nehammer, denouncing the dangers of such measures and advocating for legislation that respects trans identities. The proposal has not gained significant traction yet. In May the Vienna Labour and Social Court sentenced the social health insurance ÖGK to pay a share of the costs for a laser beard epilation for a trans woman. There was already a similar judgement in 2022, but the ÖGK refused to move forward with the payments as long as it was not sued. Nonetheless, since the ÖGK did not raise an objection against the decision, it will have no general validity and those concerned by the issue in the future will still have to face individual judicial proceedings to be awarded similar benefits. The Ministry of Health issued an e-learning tool for healthcare professionals to support LGBTI-inclusive healthcare. The e-learning tool was developed by Gesundheit Österreich GmbH and was awarded the Pride Biz Research Prize, a biannual prize for outstanding research on LGBTIQ+ subjects in business and society.

BODILY INTEGRITY The Association of Intersex People of Austria (VIMÖ) submitted an alternative report to the United Nations 8th Periodic Report of Austria by the Convention Against Torture (CAT). The report revealed that over 1,000 children and adolescents with variations of sex characteristics - corresponding specific DSD diagnoses are discharged from hospitals annually. This means that a large number of these children can be expected to undergo operations classified as Intersex Genital Mutilation (IGM) every year. VIMÖ was invited to speak in front of the Committee for Children’s Rights at the Federal Council alongside paediatric endocrinologist Dr. Stefan Riedl, who opposes a ban of IGM. After the hearing, the motion for a resolution titled “protect children’s rights of intersex children and adolescents - ban medically unnecessary operations” by the Federal Councillor Daniela Gruber-Pruner of the SPÖ and colleagues was discussed in the Council. Upon discussion, the motion was postponed by the governing parties, ÖVP and the Greens.

INSTITUTIONAL SUPPORT In March, Austria set up a compensation fund of 33 million euros to provide financial compensation to LGBTI people who faced prosecution because of their sexual orientation under the discriminatory provisions that remained in force until the early 2000s.

In May, the United Nations CAT advocated for legal measures to prohibit unnecessary medical treatments on intersex children, compensation for those affected, and the creation of counselling and support structures. These recommendations align with those formulated in 2015, which already called on Austria to protect intersex individuals from harmful interventions. In September, GREVIO issued its evaluation report on combating violence against women in Austria, offering specific recommendations to the country. The report included a recommendation to gather data on “forced sterilisation,” in response to which Austria announced that the feedback would serve as a catalyst to gather data on the prevalence of forced sterilisations and forced abortions in the country.