RIS321810 Den Haag Strijdbaar voor de transgemeenschap bijlage 4

POLICE AND LAW ENFORCEMENT Following recent anti-democratic political developments in Georgia, trust in the police and investigative institutions among LGBTI people has significantly decreased, leading many to refrain from reporting incidents to the police. In November and December, during mass protests against election fraud and the ruling party’s halt to Georgia’s European integration, police forces and special units carried out brutal arrests and beatings of civilians. Multiple reports state that homophobic language was used by law enforcement while arresting and assaulting the protesters. Additionally, Zviad Kharazishvili, head of the Special Tasks Department of the Ministry of Internal Affairs (MIA), reportedly publicly disseminated homophobic hate speech. (See also under Freedom From Torture, Cruel, Inhuman, or Degrading Treatment.)

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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

GERMANY ASYLUM

In March, the Federal Government released its fourth biennial report assessing whether countries listed as “safe” for return by the Bundestag still meet safety criteria. Even with deteriorating conditions for LGBTI people in Ghana, Senegal, and Georgia, these countries remain classified as safe, despite escalating violence and discrimination. In July, a gay Iraqi was deported to the persecuting state due to procedural errors. Since August, German civil society organisations have been advocating for a continuation beyond the expected end date of the Reception Program Afghanistan which, since its launch in October 2022, helped rescue thousands of vulnerable Afghans, among them LGBTI Afghans, from Taliban rule. In September, the right to asylum became a primary target of a policy framework increasingly undermining fundamental human rights. Germany announced plans to extend border controls to all its land borders, initially for six months. The measures include detaining asylum seekers at borders while assessing whether Germany is responsible for processing their cases, using tools like the Eurodac fingerprint database. Since November, LGBTI refugees from Uganda, including those facing the threat of the death penalty for their sexuality, have been increasingly rejected by German authorities.

In one of these cases, a 27-year-old fled Uganda after facing severe persecution, including threats to his life, family, and even being shot. However, BAMF rejected his asylum application, deeming his sexual orientation not credible.

BIAS-MOTIVATED SPEECH In December, the sedition trial against a preacher from the “Baptistenkirche Zuverlässiges Wort Pforzheim” (BKZW) group moved to the next stage at the regional court, with the accused appealing the judgment of the Pforzheim District Court. In June 2023, the preacher had made controversial statements during a sermon, which was also shared online, claiming that LGBTI people should be “destroyed by the state” and that they were dangerous. These statements were deemed an attack on human dignity by the Pforzheim District Court, which imposed a fine of 150 daily rates at 40 euros each, resulting in a criminal record for the 32-year-old preacher.

BIAS-MOTIVATED VIOLENCE In April, two bias-motivated attacks were recorded against Afghan trans women. The first incident involved a perpetrator spraying pepper spray in the victim’s face after hurling insults. A week Back to index <-->

later, four attackers targeted a group of six trans women, beating and kicking them. In both instances the police responded swiftly, quickly identifying and arresting the perpetrators. In May, the Ministry of Interior released its yearly report on politically motivated crimes, underscoring an increase in the recorded number of crimes motivated by the victims’ perceived sexual orientation and/or gender identity and expression. Between June and September 2024, the Centre for Monitoring, Analysis and Strategy (CeMAS) documented a surge in extremist mobilisations against Pride and Christopher Street Day events across 27 German cities, involving violence and intimidation. The Federal Ministry of the Interior reported 22 protests during this period.

EDUCATION Since April, discussions have centred on “gender bans” that explicitly prohibit the use of gender-sensitive language at universities and public authorities in various federal states, including Bavaria, Hesse, Saxony, and Saxony-Anhalt. Nonetheless, in May, a report by the Federal Anti-Discrimination Office (ADS) underscored that under these provisions there is a notable risk that institutions may contravene the prohibition of gender discrimination and infringe upon general personal rights of women, intersex people, and non-binary people. Throughout the year, several states, including Bavaria, Hesse, Saxony, and Saxony-Anhalt, have implemented or announced bans on the use of gender-inclusive language in multiple areas. After protests erupted at various universities, the Ministry of Science clarified that the ban would apply only to specific university functions on the basis of the alleged necessity of preserving the capacities of people with learning disabilities or with German as a foreign language.

EQUALITY AND NON-DISCRIMINATION Germany continues to block the adoption of the EU antidiscrimination directive, despite the federal government’s coalition agreement promising a reform of the national antidiscrimination law. In May, “Just now. For all,” a campaign of about 200 non-profit organisations advocating for the preservation of funding for civil society initiatives, appealed to Chancellor Olaf Scholz with a petition to review the 2025 federal budget and the austerity measures proposed by the Ministry of Finance. The campaign underscored that budget cuts would endanger civil society projects and initiatives throughout the country, causing serious implications on democracy promotion, child and youth services, political education, and voluntary programs.

In December, the Federal Government presented a report on the progress of the 2022 “Queer Living” Action Plan’s implementation. The report revealed that nearly two-thirds of the 134 proposed measures have already been implemented or are in progress. Civil society organisations have expressed their disappointment that key initiatives such as the inclusion of a ban on discrimination based on sexual identity into common law have not been implemented. They also criticised the lack of adequate funding for several measures and called on future governments to prioritize the action plan and fulfill outstanding reform promises.

FAMILY In January, the then Federal Minister of Justice Buschmann presented key points for a reform of the right of descent, aiming to improve rights for LGBTI families by abolishing stepchild adoptions for two-mother families and introducing parenting agreements. Until September, no draft was made available. In October, a draft was discussed with the Ministries of Justice of the federal states. Following the coalition split in early November, no further steps will be taken on the current measures and legislative reform will now be postponed and addressed in the next legislative period.

HEALTH In March, the Federal Social Court released a written statement for its judgement in case B 1 KR 16/22 R, delivered on October 19, 2023. The ruling restricts the assumption of costs for people wishing to start their medical transition and reduces access to trans-healthcare for non-binary people. In practice, if a person is open about their non-binary identity to the insurance company, the insurance company can, and often will decline to cover the costs. Three years after the Conversion Treatment Protection Act came into force, conversion therapies are still present across the country. Although the governing parties have recognised the urgent need for reform and promised an amendment in the coalition agreement, the responsible ministries seem to have shelved these measures in this legislative period. In September, a hearing was held in the Bundestag on the rights of sex workers as part of the efforts of some politicians who are pushing for the introduction of a Nordic model in Germany, which would decrease sex workers’ health and safety.

FOREIGN POLICY

In October, Germany’s Federal Justice Minister Marco Buschmann of the Free Democrats (FDP) announced new plans to reform adoption and family law. The proposed reforms aim to allow adults in unmarried partnerships to adopt a child together and permit just one adult in a marriage to legally adopt a child, addressing gaps in current laws. Currently, both married and unmarried heterosexual and same-sex couples can adopt, but married couples must both legally adopt the child, while only one adult in an unmarried partnership can do so. The proposed reform would allow a more flexible approach, aligning the law with the realities of family life today. No proposal was presented by the time the government coalition broke up in November.

In June, the Bundestag passed a law aimed at further developing international criminal law during its second and third readings. This legislation establishes a legal framework for prosecuting international law crimes against lesbian, gay, bisexual, trans, intersex, and other queer people, empowering the courts to prosecute crimes committed against individuals based on their sexual orientation as violations of international law. Furthermore, the accompanying explanatory memorandum states that biasmotivated violence on grounds of gender identity, specifically those directed at trans and intersex people, can be classified and prosecuted as gender-based crimes.

FREEDOM OF ASSEMBLY

In January, ZDF, a German public-service television broadcaster, aired a documentary on the persecution of LGBTI people under the Nazi rule.

Starting in August, far-right groups and neo-Nazis began organising so-called counter-demonstrations in response to local Pride marches, with participation varying between 30 and 600 people. The police responses varied significantly, ranging from protecting the Pride marches from counter-protests, to underestimating the threat and failing to provide adequate security. As a result, incidents of hate crimes near Pride marches surged dramatically. For instance, in the period from June to September, the Centre for Monitoring, Analysis and Strategy (CeMAS) recorded right-wing mobilizations against Pride in 27 cities nationwide, some of which included attempted attacks and violence. Back to index <-->

INSTITUTIONAL SUPPORT

In September, Olaf Scholz became the first chancellor in German history to give a speech on the rights of LGBTI people, opening a queer human rights conference of his own party, SPD.

LEGAL GENDER RECOGNITION In April, the Bundestag passed the Self-Determination Act, allowing trans, intersex, and non-binary people to update their gender marker through a simple declaration at the registry office, based on self-determination. This new law replaces

the Transsexual Act (TSG), which had been criticised for being unconstitutional and requiring lengthy, costly, and demeaning court and medical procedures for gender recognition. Selfdetermination for people without legal status was not included in the legal frame. In May, following the rejection of a motion appealing to the Conciliation Committee, the law was approved also at the Federal Chamber. On November 1st the law came into effect, formalising a process according to which trans, intersex, and nonbinary people aged 18 and older can alter their records by making a personal declaration, with only a three-month waiting period required. Minors over the age of 14 can also change their gender marker with parental approval or legal recourse, while younger children can have their parents act on their behalf, though the child must be present to provide their assent if they are older than five years old

SEXUAL AND REPRODUCTIVE RIGHTS In April, an expert commission established by the government presented its final report evaluating the potential legalisation of egg donation and surrogacy. The commission concluded that the legalisation of egg donation is generally permissible; however, it expressed greater caution regarding the legalisation of surrogacy. Additionally, the commission recommended the complete decriminalisation of abortion. In November, a law which imposes fines for harassment outside abortion clinics, medical offices, and counselling centres, came into force.

PUBLIC OPINION The IPSOS Pride Study 2024 revealed that 73% of Germans believe LGBTI couples should have the same rights as heterosexual couples when it comes to adopting children, marking a four percentage point increase from three years ago. The report underscored that Germany, along with France and Poland, has seen a slight positive shift in the acceptance of LGBTI identities in recent years, but only 47% of respondents support laws prohibiting discrimination against LGBTI people, a 3% decrease from 2021.

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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

GREECE

ACCESS TO GOODS AND SERVICES The marriage equality law (5089/2024) entailed the establishment of a series of guarantees for equal treatment regardless of Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in the provision of goods and services, education, healthcare and housing. (See more under Family.)

BIAS-MOTIVATED VIOLENCE In March, a violent mob of about 150 people targeted two trans people in Thessaloniki, assaulting them and hurling bottles. When the two sought refuge in a restaurant, the attackers continued their aggression by banging on the windows and taunting them. The police later apprehended 21 people, including 11 minors, in connection with the attack. The following day, a group of around 50 masked men attacked demonstrators at a protest organised to denounce the incident and the widespread scope of anti-LGBTI violence. Several conservative public figures, including politicians (1, 2, 3), artists and members of the Greek Orthodox church (1, 2) engaged in bias-motivated speech against the marriage equality law before and while it was being discussed in the Parliament. The Orthodox church expressed its official opposition to marriage equality through the Holy Synod of the hierarchy. In May, transphobic comments targeted Nemo and Bambie Thug, two openly non-binary contestants in the Eurovision Song Contest. In September, Markos Seferlis, a comedian known for expressing hate against minority groups, attempted to ridicule Nemo in a performance that portrayed non-binary identities as indecisive and a new trend.

Protests titled “Family Pride” were organised in Athens, Thessaloniki and Chania in the summer as counter-protests to Pride, conveying homophobic messages against the right of same-sex couples to marry and adopt. The protest initially expected in Athens was cancelled after the public reacted against it and citizens’ groups organised a counter-protest. In May, two LGBTI-phobic incidents took place at a street party for Athens Pride. Witnesses reported agitators approaching the area and hurling discriminatory statements at the participants as well as spitting on some of them. In June, a homophobic verbal attack by lawyer Alexis Kougias against Stefanos Kasselakis, the then-leader of opposition party SYRIZA, sparked the intervention of the Supreme Court prosecutor. Back to index <-->

The conservative newspaper Estia published a cover article referring to the rights of LGBTI people as “privilege”. The article interpreted the 2024 Athens Pride motto, “A law is not enough,” which called for marriage equality, as a demand for special privileges. Shortly after the US elections, Minister for Health, Adonis Georgiadis, blamed the “woke agenda” for “making US politics pathetic” and ex-Prime Minister Antonis Samaras expressed a similar opinion.

EDUCATION Sex education material by Rainbow School was removed from the website of the Institute of Educational Policy. The government did not issue guidelines against bullying in schools on SOGIESC grounds, after backlash by the far-right and the church against the marriage equality law, as described in Law 5029/2023, which is in effect since March 2023. In October, a middle school teacher in Lavrio who distributed homophobic material to his students as part of their Religious Studies course was suspended.

EQUALITY AND NON-DISCRIMINATION After the 2024 European elections and the low electoral results of his party, Prime Minister Kyriakos Mitsotakis gave a TV news interview claiming that his party suffered political damage due to the marriage equality legislative initiative. Additionally, he noted that no other change will be made regarding family law and specifically on adoption. Instead, he announced wanting to focus on improving societal attitudes towards LGBTI issues rather than on implementing further legislative change. In November, party Elliniki Lysi (“The Greek Solution”) submitted a proposal to repeal the marriage equality law and the legal gender recognition law. In another instance, the party Niki (“Victory”) submitted a proposal to “protect the two genders and minors”, aiming to “ban gender ideologies and non-traditional sexual orientations”, erase the term “gender identity” from the Greek legislation and prevent minors from accessing trans-specific healthcare. Three associations submitted a petition to the Council of State claiming the marriage equality law is unconstitutional because “it fundamentally modifies the traditional institution of family”. The National Commission for Human Rights intervened in favour of its constitutionality. The trial has been postponed to April 11, 2025.

FAMILY In February, Greece became the first Orthodox-majority country to legalise same-sex marriage. The bill passed with

the support of 176 out of 300 MPs, also allowing same-sex couples to adopt children and granting equal parental rights to both partners. However, the bill does not include provisions for surrogacy for same-sex couples. Furthermore, while it abolishes the requirement of being unmarried to access legal gender recognition, it does not include any provision to modify a parent’s name and gender on the birth certificate of their children after legal gender recognition. The mother of a trans child was deprived of custody (also here) after a local court ruled that she was trying to “push the child towards female gender expression” instead of “gender neutralisation”.

FREEDOM OF EXPRESSION

London conducted in June, about 60% of Greek people agree or mostly agree with same-sex marriage and 37% agree or mostly agree with adoption by same-sex couples.

POLICE AND LAW ENFORCEMENT In July, the Athens Appeal Court convicted two men for the 2018 murder of Greek LGBTI activist Zack Kostopoulos. The murderers, aged 65 and 80, were sentenced to six and five years respectively. The court ruled that the older of the two could serve his sentence at home. In June, the murderer of Anna Ivankova, a trans woman who was killed in Athens in 2023, was convicted to life imprisonment without the recognition of mitigating circumstances.

In March, the youth branch of neo-nazi criminal organisation Golden Dawn attacked Colour Youth’s offices in Athens. On the day of the event, Colour Youth was organising a party to advocate for the reappropriation of LGBTI-phobic statements by LGBTI people but the event was eventually cancelled because of threats circulating on social media. This year, Thessaloniki welcomed Europride, which brought together 27,000 people. The march, themed “Persevere, Progress, Prosper,” took place on the ninth and final day of a series of events held across the city.

HEALTH In July, it was reported that a Christian organisation made attempts to attract trans women and sex-workers and subject them to conversion practices in Syggrou Avenue in Athens. In October the SEGM, an organisation of mental health professionals, considered a hate group by the Southern Poverty Law Centre (SPLC), organised a conference in Athens leading to opposition by civil society, which denounced the pathologisation of trans identities promoted by the event.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE The film “Lesvia” by Tzeli Chatzidimitriou, a documentary about the lesbian community in Eressos, was released to audiences in Greece and abroad. In December, the National Museum of Contemporary Arts hosted Maria Cyber’s exhibition “Portraits”, a moment of lesbian representation and visibility in the arts.

PUBLIC OPINION

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According to the Gender Divide survey, a research project of Eteron in collaboration with the British university King’s College

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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

HUNGARY

ACCESS TO GOODS AND SERVICES

DATA COLLECTION

Erste Bank set up an initiative to help trans people whose identity does not align with the name or gender marker listed on their identity documents by providing them the possibility of using a given name chosen from the list of Hungarian first names.

In line with guidance by Eurostat, the Hungarian Central Statistical office started to collect data on sexual orientation discrimination as part of its Statistics on Income and Living Conditions survey.

In March, the local community centre in Kecskemét refused to rent rooms to Labrisz Lesbian Association for a movie screening, arguing that Labrisz is an “ideology-based civil society organisation”. Labrisz challenged the refusal in court, and the proceedings are pending.

ASYLUM A request for preliminary ruling concerning the applicability of Article 16 of the GDPR in procedures for changing the gender marker of refugees is pending before the Court of Justice of the European Union. (See also under Legal Gender Recognition.) The opinion of the Advocate General was published on September 12, 2024, noting that, according to Article 16 of the GDPR in conjunction with Article 5 (1) (d) of the GDPR, Hungarian authorities are obliged to correct the gender of the applicant, whose data was initially recorded inaccurately.

BIAS-MOTIVATED SPEECH In April, the organisation Hatvannégy Vármegye Ifjúsági Mozgalom (HVIM, Sixty-Four Counties Youth Movement) made a complaint at the school district about a school psychologist, who is also an organiser of the Budapest Pride, arguing that she should not work with children because she is an LGBTI activist. The school district initiated an investigation and asked the teacher to refrain from her civil society engagement. This process eventually led to the termination of the employment contract by the employee. In addition, HVIM published several videos unlawfully releasing her personal data to the public. Legal proceedings are pending, aimed at holding HVIM accountable for the unlawful release of personal data and the resulting harm. PM Orbán delivered a speech at the European Parliament on the priorities of the Hungarian presidency in which he claimed “Illegal migration has led to increasing anti-semitism, violence against women and homophobia”.

BIAS-MOTIVATED VIOLENCE In May, a group of men physically assaulted a bar’s patron after discovering his sexual orientation.Criminal proceedings have been initiated, but the perpetrators have so far not been identified as they fled the scene after the incident. In July, two gay men were physically and verbally assaulted in Siófok. A criminal proceeding is pending but the perpetrators have not been identified so far. Back to index <-->

EDUCATION Due to the so-called child protection law, which requires all educational projects, including activities in schools, to be registered with a public body, an EU-funded project aimed at making schools and workplaces more inclusive for LGBTI people using informal education methods, could not implement planned in-school sessions. However, the registration process has yet to be established, and organisations running the EU-funded project have taken legal action against the Ministry of Education for failing to register the program, with the court case still ongoing.

EMPLOYMENT In June, the Parliament adopted a new package of child protection laws that - among others - introduced psychological assessment and background checks on foster parents and all staff working in child protection services. The legislation also deemed anyone with ‘sexual deviances’ as unfit for these roles. Concerns have been raised about the questionnaires used in the assessments, which include questions about intimate partners and social activities, potentially leading to the exclusion of individuals with non-heterosexual orientations.

EQUALITY AND NON-DISCRIMINATION Gergely Gulyás, head of the Hungarian government office, confirmed that Hungary would not alter its policies criticised by the European Union for infringing on LGBTI rights and asylum seekers’ rights.

FAMILY On judicial review, six decisions declaring people unsuitable for adoption in recent years with reference to their sexual orientation and/or the fact that they live with a same-sex partner, were overturned. However, the guardianship authorities have so far failed to implement the judgments, forcing clients to repeatedly judicial review. Although LGBTI people are not explicitly excluded from individual adoption, guardianship offices either discourage them, or refuse their suitability for adoption based on discriminative grounds. In January, the National Tax Authority issued a statement confirming that de facto children also inherit without the duty to pay inheritance tax. In practice, this means that children of de facto partners are to be treated equally as the children of spouses or registered partners.

In February, Hungary’s Constitutional Court confirmed the refusal to register a child adopted abroad by a same-sex couple. Despite attempts to have the adoption registered and the child naturalised as Hungarian, the court upheld the rejection, citing that the matter is res iudicata considering that the applicant started a fresh procedure after getting divorced from his same-sex partner. In May, the Hungarian State Treasury updated the childcare fee application forms to clarify that same-sex registered partners are also eligible to claim its benefits. In May, a woman co-parenting three children with her same-sex partner—one being her biological child and two her partner’s biological children—applied for family allowance (családi pótlék) for all three. Her request was denied, with authorities arguing that she has no legal relationship with her partner’s children, despite the law stating that registered partners should be treated the same as spouses. The case is the subject of ongoing legal proceedings. In July, the website csalad.hu containing detailed information on all family support schemes was amended, clarifying that registered partners are to be treated in the same way as married couples for the purposes of family allowance (családi pótlék).

In October, child welfare authorities have once again rejected the suitability for adoption of a gay applicant, despite a previous court ruling that had annulled a discriminatory decision from the District Guardianship Office. The court had ordered the guardianship authority to begin a new procedure, emphasizing that the authority should send the applicant’s case to the Minister for Children and Youth Policy for final approval. However, despite these clear instructions from the Metropolitan Court of Budapest, the guardianship authority issued another negative decision. While it acknowledged that the applicant met all criteria, the authority continued to raise concerns about the applicant’s sexual orientation, citing a restrictive interpretation of family roles and the absence of a maternal role model.

FOREIGN POLICY In January, Hungarian Prime Minister Viktor Orbán asserted that Hungary’s economy is robust enough to function independently of EU funds. He downplayed concerns that the country’s access to these funds is contingent upon adherence to the rule of law.

FREEDOM OF ASSEMBLY On May 11, the Prizma Trans Community successfully organised the second Trans Pride in Budapest. The event took place without any counter-demonstration and welcomed around 250 participants.

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In June, the 29th Budapest Pride Festival took place, with organisers pledging to continue their opposition to the government’s anti-LGBTI policies. Although the event faced minor provocations, Budapest Mayor Gergely Karácsony, alongside representatives from the liberal Momentum party, the socialistdemocrat DK party, and U.S. Ambassador David Pressman, spoke on stage. In July, a municipality-affiliated venue in Debrecen, with the assistance of Hungarian Civil Liberties Union, attempted to block the second Pink Piknik, an LGBTI event, organised by CívisColors. However, the event proceeded without difficulties. The police were cooperative and professional.

FREEDOM OF ASSOCIATION In December 2023, the Act on the protection of national sovereignty was passed. In February 2024, the Sovereignty Protection Office was set up with the ability to carry out investigations relating to ‘any activity that is foreign-funded and that may influence the outcome of elections, the will of voters or supports such activities’. In October, the European Commission decided to launch an infringement procedure against Hungary, identiyfing that the law violates several fundamental rights enshrined in the EU Charter of Fundamental Rights: the right to respect for private and family life, the freedom of expression and information, the freedom of association, the right to legal professional privilege, as well as the presumption of innocence, which implies the right not to incriminate oneself.

FREEDOM OF EXPRESSION In January, the European Union Agency for Fundamental Rights (FRA) published a report on the Hungarian child protection system prepared by the National University of Public Service and the Office of the Fundamental Rights Commissioner on its website. The report referred to the anti-LGBTI law as ‘promising practice’. After protest from civil society organisations, FRA added text distancing itself from the content of the report. In February, the Budapest Metropolitan Court ruled on the legitimacy of a 12-million-forint fine imposed by the Hungarian government in September 2023 on Líra Könyvkiadó, a bookshop accused of violating regulations by failing to wrap and separate copies of the LGBTI graphic novel Heartstopper from other youth books. Líra appealed the fine, arguing that a missing comma in the legislation altered its interpretation. The court upheld Líra’s argument, clarifying that the law stipulates that books must be in closed packaging only if they are displayed separately from other products. Conversely, if the books are not separated, no wrapping is required. Since then, the Government has requested a review before the Supreme Court (Kúria) which, in

October, overturned the lower court’s judgment and remanded the case by prioritising teleological interpretation over grammatical interpretation, and invoking Article L and Article XVI of the Fundamental Law to demonstrate the legislative intent. According to the Kúria, despite the missing comma, the intent of the law was clear, and the focus should not solely be on grammatical interpretation but also on the law’s broader purpose. In a similar development, in March, the Győr Regional Court overturned the fine imposed by the Komárom-Esztergom County Government Office on a Líra bookstore in Tatabánya. The fine had been levied after an inspection in September 2023 at the bookstore, which found the book Esti mesék lázádó lányoknak (Goodnight Stories for Rebellious Girls) being sold among children’s books, wrapped in foil. The Government Office had argued that the book’s depiction of gender reassignment violated the Child Protection Act, but the court disagreed, noting that the book’s content did not promote gender reassignment for its own sake but as part of a wider narrative. In April, in response to the above-mentioned judgements the Government Decree regulating the conditions of exercising commercial activities was amended to apply to products whose design, appearance or packaging prominently display gender nonconformity, gender reassignment or homosexuality.

In late October, the Szeged Court of Justice ruled in favour of a Líra bookstore in Kecskemét, in a lawsuit involving a consumer protection fine, determining that the government office’s fine of five million forints was unlawfully imposed. The case dates back to September 2023 when the government office inspected the store and found several books which featured foil-wrapped covers. One of the stories in the book was about trans activist Coy Mathis, whose life was documented in a film. Following the inspection, the authority initiated a consumer protection procedure, claiming the book promoted “the deviation from the self-identity corresponding to the birth gender” and imposed the fine, additionally banning the book’s sale in stores located within 200 metres of schools and churches. In October 2024, Hungary’s National Media and Communications Authority (NMHH) addressed a complaint regarding the TV2 programme Sztárban Sztár All Stars. A complaint raised concerns that the show promoted ‘LGBTI propaganda’, citing an instance where ‘men dressed as women’ performed songs. However, after an official investigation, the NMHH concluded that the programme did not breach classification rules or media regulations and no action was taken against the media provider.

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HEALTH Hungarian authorities started to enforce existing criminal sanctions on unauthorised trade of medications against people ordering PrEP online. Access to PrEP in Hungary is very limited as the medication can only be prescribed by a few specialists and users need to pay the full list price, which is four-to-five times higher than abroad. Following the ban on legal gender recognition in 2020, access to trans-specific healthcare has become significantly more difficult, and was only offered one by a public hospital and private health provider outside the capital. In August, the hospital cancelled a trans patient’s appointment, arguing the hospital is no longer treating patients with a ‘transsexualism’ diagnosis. Legal proceedings are being considered. The Hungarian LGBTI Medicine Society launched a campaign for health professionals to wear a rainbow pin to communicate to patients that they are LGBTI inclusive. Nearly 400 professionals participated in the initiative. The LGBTI Section of the Hungarian Psychological Association published the Hungarian version of the American Psychological Association’s Guidelines for Psychological Practice with Sexual Minority Persons and held several training sessions for professionals on its implementation.

INSTITUTIONAL SUPPORT The European Parliament decided to challenge the European Commission’s decision to release €10 billion in frozen assets to Hungary. The Parliament argued that the release was a concession to blackmail by Hungary, which had threatened to block EU accession talks with Ukraine, undermining efforts to address Hungary’s deteriorating rule of law, including issues related to academic freedom and LGBTI rights. In November, the Court of Justice of the European Union held a hearing in the infringement case brought by the European Commission against Hungary’s legislation that restricts minors’ access to information about the LGBTI community, deeming the law discriminatory and in violation of EU law, including Article 2 of the Treaty of the European Union. The procedure has been supported by 15 EU Member States and the European Parliament. The UN Special Rapporteur on freedom of religion or belief made an official visit to Hungary. As part of the visit, the Rapporteur also met with LGBTI activists discussing how religious teachings are instrumentalised to undermine LGBTI rights and the various forms of exclusion suffered by LGBTI believers and clergy.

LEGAL GENDER RECOGNITION This year, 30 applications, representing over 88 clients, were submitted in 2024 before the European Court of Human Rights to reinstate legal gender recognition (LGR) in Hungary. On June 3, the Court of Justice of the European Union (CJEU) held a hearing in the Deldits case (C-247/23).The case emerged from a request for preliminary ruling concerning the applicability of Article 16 of the GDPR in procedures for changing the gender marker of refugees. In September, the Advocate General of the CJEU stated that Hungarian immigration authorities must correct the gender marker of a trans person in national registers upon request, if it was incorrectly recorded. The trans man in question requested that his gender marker and name be updated in the national register under Article 16 of the EU GDPR, to reflect his gender identity. In September, the Committee of Ministers issued decisions calling on the Hungarian government to adopt a quick, accessible and transparent procedure for LGR. In October, the Budapest Court suspended the procedure concerning the applicability of Article 16 of the GDPR to correct the gender marker of a trans person of Hungarian nationality until the Deldits case is decided.

In November, the European Court of Human Rights ruled that Hungary violated Article 8 of the Convention on account of the lack of a regulatory framework on LGR, ensuring the right to respect for the private life of three Hungarian trans persons.

lesbian women access to assisted reproduction in healthcare institutions. Nonetheless, only 18% of respondents would rely on self-identification with regards to the access to bathrooms and changing rooms for trans people and 8% would allow intersex and trans women to continue playing in women’s sports. The study also highlighted that 62% of respondents would open a new category for intersex sportspeople.

SOCIAL SECURITY AND SOCIAL PROTECTION In a 2023 case regarding a trans woman’s access to preferential pensions for women, the Veszprém Regional Court in Hungary upheld the authorities’ practice of recognising her as a woman only for the period following her legal gender recognition, stating it was consistent with the law. A similar ruling was issued in another trans woman’s case in December 2024. The decisions are currently under judicial review. In 2023, a trans woman’s case regarding access to preferential pensions for women was heard in court. The court upheld the authorities’ practice of recognising her as a woman only from the date of her legal gender recognition, stating that this was consistent with the law. A similar ruling was issued in another case involving a trans woman, G.V.A., in December 2024. In this case, the court dismissed her application for access to the “Women 40” pension benefit, which would allow her to retire after 40 years of work. These decisions are currently under judicial review.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In June, Dávid Bedő from the Momentum Movement disclosed that the Speaker of the Hungarian Parliament blocked the approval of a conference focused on fundamental human rights, which would have included members of an LGBTI organisation. In September, Válasz Online reported that high-ranking members of the ruling Fidesz party are aware of video and photo recordings showing Gergő Bese, a Catholic priest with close ties to the Orbán government, attending LGBTI parties, despite his public opposition to “LGBTI propaganda.” In an attempt to sever ties between Bese and the Orbán government, all the pictures that featured the priest were removed from governmental social media pages.

PUBLIC OPINION Háttér Society has commissioned a representative poll on public attitudes towards LGBTI people, with a special focus on LBTI women. According to the study, 49% are supportive of same-sex marriage, 72% of legal gender recognition, and 60% would allow Back to index <-->

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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

ICELAND ASYLUM

EDUCATION

In March, Iceland’s Parliament passed an immigration bill imposing severe restrictions on the rights of asylum seekers, most notably by withdrawing access to housing and healthcare services 30 days after asylum applications have been denied. The bill also grants Iceland more latitude in applying the Dublin Regulation, which holds the first EU member state where an asylum application is made responsible for processing the claim, and permits the deportation of asylum seekers to that state if they apply elsewhere. The legislation has sparked significant backlash from human rights organisations, who argued that the bill will further marginalise LGBTI asylum seekers and other vulnerable categories by allowing, for instance, the physical examination of those seeking asylum.

During a meeting with the National Youth Council of Iceland, as part of Iceland’s Parliamentary election campaign in November, two parties claimed to be against education on LGBTI topics. LGBTI-inclusive education was also the subject of criticism by the leader of the Centre Party, Sigmundur Davíð Gunnlaugsson.

BIAS-MOTIVATED SPEECH The chairman of the Northwest District of the political party Lýðræðisflokkurinn (Democratic Party), Eldur S. Kristinsson, is facing a legal complaint for hate speech over comments made between 2022 and 2024. These remarks included a series of inflammatory and derogatory statements targeting the LGBTI community, such as accusations that LGBTI people groom children, labeling trans women as pedophiles, and promoting harmful rhetoric against LGBTI rights.

BIAS-MOTIVATED VIOLENCE In 2024, eight reports of physical violence were recorded by LGBTI organisation Samtokin.

BODILY INTEGRITY On January 1st, a law banning conversion therapy for sexual orientation, gender identity and gender expression took effect. The law was passed on the 9 June, 2023 with 53 out of parliamentarians voting in agreement.

DATA COLLECTION The Ministry of Social Affairs and Labour Market recently released a study conducted by University of Iceland’s Social Science Research Institute, as part of the government’s Action plan for LGBTI issues 2022-2025. The study, conducted by the SSRI, involved mapping the frequency and manifestations of domestic violence and violence in intimate relationships of queer people. The survey found that young LGBTI people are more likely to have witnessed physical violence in their home, to have been subjected to physical violence in their home, and to have been subjected to physical violence in an intimate relationship. A fairly high percentage had also experienced such behavior at the hands of parents, but a lower percentage had experienced emotional abuse at the hands of a current partner or other family member. Back to index <-->

EMPLOYMENT A new study conducted by three unions revealed that the annual salaries of LGBTI men are, on average, 30% lower than those of their heterosexual counterparts. The study also found that only about half of the respondents are fully open about their sexual orientation at work, and nearly 60% report a general disadvantage in terms of conditions and rights in the labour market. In October, Registers Iceland became the first institution to receive the Hinsegin certification from Samtökin ‘78, followed by the engineering office LOTA in November, and Ölgerðin earlier this year. This growing recognition highlights a shift towards workplaces taking tangible steps to ensure equal treatment and respect for all genders and sexual orientations. The Hinsegin certification, grounded in diversity education, assesses how effectively workplaces foster an inclusive environment, marking an important move toward more inclusive and equitable workplaces.

FREEDOM OF ASSEMBLY In late June, Hinsegin Vesturland held the 4th edition of the West Iceland LGBTI Festival in the town of Borgarnes. Similarly, Hinsegin dagar í Hrísey, in the north of Iceland, also held a LGBTI festival in the same period. In August, the Family Rainbow Festival (Regnbogahátíð), held by Hinsegin Austurland in Seyðisfjörður, celebrated 10 years of Pride in the east of Iceland. Reykjavík Pride was celebrated for the 25th time, and the newly elected President of Iceland, Halla Tómasdóttir, addressed the crowd.

HEALTH In October the Minister of Health made changes to regulations regarding blood donations. From July 2025 blood donations for men who have sex with men (MSM) will be allowed following a nucleic acid testing (NAT) to screen for HIV, Hepatitis B, and Hepatitis C. Iceland had previously been one of the few European countries to uphold a ban on blood donations for MSM. Analysis of the data from the Icelandic Youth Survey showed that young people who identify as genderqueer or “other gender” are more likely than cisgender teens to have witnessed physical violence in their home, to have been subjected to physical violence in their home, and to have been subjected to physical

violence in an intimate relationship. Furthermore, the data from the Icelandic Youth Survey highlighted that 15-20% of Icelandic children and youth identify as LGBTI.

INSTITUTIONAL SUPPORT Guðrún Karls Helgudóttir, the incoming Bishop of Iceland, the church’s past on the LGBTI community, underlining the debt owed by the church to LGBTI people.

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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

IRELAND

ACCESS TO GOODS AND SERVICES In May, the Irish energy company SSE Airtricity partnered with the League of Ireland and LGBT Ireland to raise awareness for the National LGBTI Helpline during football matches nationwide, in anticipation of Pride month. In September, Outhouse, in partnership with Bank of Ireland, launched a series of financial wellbeing workshops at its Dublin centre. The initiative came after a Bank of Ireland survey revealed that fewer than half of LGBTI people feel secure about their financial future over the next year. Additionally, according to the survey, only 59% of LGBTI respondents believed they could cover unexpected expenses, compared to 62% of heterosexuals, and 25% of LGBTI respondents felt they could raise over €3,000 for an emergency, compared to 29% of heterosexuals.

ASYLUM In January, Minister for Justice Helen McEntee announced that Algeria would be added to Ireland’s list of ‘safe countries’ of origin for asylum seekers, despite its anti-LGBTI laws. In June, the Irish High Court upheld the International Protection Appeal Tribunal’s decision to refuse a Ghanaian man’s application for refugee status and subsidiary protection. The man had claimed persecution due to his sexual orientation, asserting that he was openly gay and had faced discrimination in Ghana, where homophobic attacks are common. Nonetheless, the tribunal found his account to be lacking in credibility, citing issues with his narrative, including his portrayal of his relationship and realisation of his sexual orientation, which, in the tribunal’s view, allegedly lacked emotional depth and common experiences associated with such a process. Further, despite the applicant’s assertions of having been attacked three times in his home country, the tribunal ruled that his conduct in living openly as gay in such a hostile context would be “unexpected and unusual.” In August, Taoiseach Simon Harris and Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman voiced their commitment to passing hate crime legislation before the end of the current government’s term.

Their statement followed the publication of a report highlighting a surge in threats and physical attacks against asylum seekers in Dublin, many of whom are living in tents on the streets. In late October, the Dáil passed the ‘hate crime’ bill with a majority vote of 78 to 52, clearing the way for President Michael D. Higgins to sign it into law. (See also under Bias-Motivated Speech.)

BIAS-MOTIVATED SPEECH In June, LGBT Ireland reported a significant increase in threatening and abusive calls, observing a rise in LGBTI-phobic threats and discriminatory prank calls. Back to index <-->

In September, Irish Minister for Justice Helen McEntee announced that the government would remove the “incitement to violence and hatred” component of the Criminal Justice Bill due to a lack of cross-party consensus on the scope of the bill. Having successfully passed its final stage in the Dáil in April 2023, the bill encountered some setbacks as some supporters, including members of Sinn Féin, have reconsidered their initial stance, citing concerns over potential infringements on freedom of expression. In late October, the Dáil passed the amended bill with a majority vote of 78 to 52, clearing the way for President Michael D. Higgins to sign it into law. Although the amended version does not include protections against hate speech, it will enforce stricter penalties for crimes motivated by an individual’s protected characteristics, including gender identity and sexual orientation. (See also under Bias-Motivated Violence.) In October, the Irish media regulator Coimisiún na Meán published the new Online Safety Code, setting binding standards for social media companies to enhance user protection in Ireland.

The code explicitly bans content promoting terrorism, cyberbullying, self-harm methods, and any incitement to violence or hatred, and applies to all video-sharing platforms with European headquarters in Ireland, including Facebook, Instagram, YouTube, Udemy, TikTok, LinkedIn, X, Pinterest, Tumblr, and Reddit.

BIAS-MOTIVATED VIOLENCE In late May, a woman was beaten unconscious by a soldier under the influence of alcohol after she asked him to stop hurling homophobic slurs at bystanders. He was given a fully suspended sentence for the unprovoked assault. The perpetrator’s guilty plea did not result in a prison sentence, raising concerns about the severity of the response to the attack. In June, three gay men walking in Dublin’s Phoenix Park were pursued by six men wielding knives in what they reported as a targeted attack due to their sexual orientation. After the incident, the Garda National Diversity and Integration Unit collaborated with LGBTI organisations to support the victims.The investigation eventually led to the identification and arrest of a teenager involved in the incident. Following the announcement that the hate speech provisions of the Criminal Justice Bill would be dropped, the Irish Department of Justice confirmed that the remaining hate crime legislation would still include protections for trans and non-binary people. (See more under Bias-Motivated Speech.) In December, three individuals were convicted of public order offenses after disrupting a drag storytime event in Tralee, Kerry, in July 2023. Two of the accused also received common assault convictions when they appeared before Tralee District Court.

During the event, a group stormed the event, live streaming their disruption and assaulting event organisers and a security guard. Volunteers were also verbally abused.

BODILY INTEGRITY In June, leading mental health organisations in Ireland and LGBT Ireland, as the chair of the banning conversion practices coalition, issued a joint memorandum rejecting conversion therapy. In August, the Sinn Féin party openly declared its support to the UK-led temporary suspension of puberty blockers for children and young people in Northern Ireland. In response, activists from several LGBTI organisations gathered outside the party’s headquarters in Dublin to protest the party’s support of the ban.

who are reportedly the second most targeted group for hate crimes and hate-related incidents in the country. The Census Pilot Survey, launched by the Civil Service Organisation (CSO), was conducted throughout September, introducing new questions related to mental health, gender identity, and sexual orientation.

EDUCATION This year 45 post-primary schools stepped up to work with Belong To, to create a safe space for LGBTI students in Ireland’s first whole-school community safe and supportive schools project, the LGBTI Quality Mark.

In January, LGBT Ireland released a shadow report evaluating the National LGBTI Inclusion Strategy.The report highlighted success in areas such as integration and family matters, but underscored shortcomings on issues like the timely access to healthcare for trans people.

In May, the ‘Belong to Primary: New Foundations for LGBTQ+ Inclusivity in Primary Schools’ research, conducted by Belong To in partnership with the University of Limerick, highlighted a gap between the willingness of school staff to be LGBTI inclusive and their confidence in how to do so. The research involved over 1,000 primary educators with a view to assessing the knowledge levels, views and professional needs of primary school staff in Ireland regarding LGBTI inclusivity.

A study conducted by insurance broker Reassured placed Ireland in the top ten best countries for LGBTI residents.

EQUALITY AND NON-DISCRIMINATION

DATA COLLECTION

Research released in June revealed that 20% of LGBTI people in Ireland’s Midlands feel unsafe. The study, commissioned by the Midlands LGBTI Project and funded by Healthy Laois, examines both the advancements and persisting issues faced by LGBTI people in counties including Laois, Offaly, Westmeath, and Kildare. Research from University of Limerick and Belong To showed a willingness amongst primary school staff to be LGBTI inclusive but limited knowledge about how to translate inclusivity into practice . (See also under Education) Associate Professor Dr. Aideen Quilty in collaboration with Belong To, and with funding from the Community Foundation Ireland, conducted a research study on trans and non-binary people’s access to gender-affirming care and healthcare related to gender identity in Ireland. The research highlighted critical barriers to accessing trans healthcare, revealing that essential services are effectively unavailable for many in this community. Key findings showed that one in three trans adults had to wait at least three years for an initial appointment, while only 14% of trans youth were able to successfully access trans healthcare in Ireland. Research from RESIST highlighted a rise in organised attacks and threats against LGBTI people and organisations in Ireland. The research pointed to a critical juncture for LGBTI communities, Back to index <-->

In March, Sport Ireland released an advisory document aimed at guiding sporting bodies on policies for trans and non-binary athletes. The document notably emphasised the need for national governing bodies to proactively develop policies for the inclusion of trans and non-binary people in sports. In June, LGBTI activists marched in Dublin to oppose instances of anti-trans rhetoric, advocating against misinformation about trans healthcare. A report by UCD’s School of Information and Communication Studies, supported by LGBT Ireland and the trade union Fórsa, highlights the impact of anti-LGBTI library demonstrations on the staff of these establishments. Since 2022, a coordinated campaign by anti-LGBTI agitators, opposed to the presence of LGBTQ+ reading material, has targeted public libraries across Ireland. These protests have led to harassment of library staff, with many reporting feeling unsafe and being verbally abused, including being called “paedophiles” or “groomers.”

FAMILY In January, the Labour party introduced a new bill, aimed at addressing legal gaps and ensuring equality by targeting key issues in the legal framework affecting same-sex families. In June, the Irish Dáil approved the Assisted Human Reproduction Bill, which addresses surrogacy and family relationships, and

was signed into law in July. In October, the Irish Government agreed to introduce a second Bill aimed at addressing remaining gaps in existing legislation. Minister for Health Stephen Donnelly secured approval to draft amendments to the current Assisted Human Reproduction Act, focusing on providing legal clarity for Irish residents and citizens who undergo donor-assisted human reproduction (DAHR) procedures abroad. This legislation seeks to ensure that families formed through these procedures outside of Ireland are afforded the same legal recognition and protections as those established within the country, addressing concerns about legal parentage and other associated rights.

FREEDOM OF ASSEMBLY In June, Wicklow Pride was forced to cancel an event for young LGBTI people due to threats from protesters. The organisers later announced that the event would be postponed until a safer location was secured; however, it has not yet taken place.

HEALTH In March, following England’s NHS decision to discontinue routine prescriptions of puberty blockers to children, Ireland’s HSE announced its own plans to conduct a clinical trial to evaluate the use of these blockers in trans healthcare. Following the release of the Cass Review in the UK, Senator Michael McDowell called for an immediate halt to the prescription of puberty blockers in Ireland’s public health service. In April, Trinity College Dublin and Belong To released the findings of ‘Being LGBTQI+ in Ireland’ the largest study on the mental health and wellbeing of the LGBTI population in Ireland to date. The survey underscored that the wellbeing of the LGBTI population has significantly decreased since 2016, with a 17% increase in symptoms of severe depression, and a 30% increase in symptoms of severe anxiety. In late September, members and allies of the trans and intersex community gathered outside the Dáil in Dublin, demanding urgent reforms to the Irish healthcare system. The rally, organised by Transgress The NGS, drew participants from various activist groups, seeking to pressure the Health Service Executive and the National Gender Service to address significant barriers faced by trans and intersex people in accessing medical care.

advocacy groups. Smith also called for an engagement of trans advocacy groups in the appointment of the clinical lead for the National Gender Service’s new care model. In May, the Department of Children, Equality, Disability, Integration and Youth announced the development of a new strategy to succeed the National LGBTI Inclusion Strategy. The upcoming strategy aims to establish multilevel consultation processes with interested community members to enhance LGBTI inclusion, safeguard rights, and improve the overall quality of life for LGBTI people. In June, the Minister for Children, Equality, Disability, Integration, and Youth, Roderic O’Gorman, unveiled €1.3 million in funding to support LGBTI communities and launched the 2024 LGBTI Community Services Funding Call. This financial commitment is part of a broader effort to advance equality in Ireland, with an emphasis on new national strategies aimed at supporting LGBTI inclusion. The announcement included a 62% increase in funding for LGBTI initiatives, aimed at strengthening the national LGBTI infrastructure. Additionally, the budget of the Irish Human Rights and Equality Commission has been increased by €1.021 million. In December, the Department announced the allocation of funding to 24 LGBTI projects under the 2024 LGBTI Community Services Funding Call and the LGBTI Youth Fund.

A total of €1,398,916 will be distributed to support various organisations across Ireland.

SEXUAL AND REPRODUCTIVE RIGHTS In October, Health Minister Stephen Donnelly announced an expansion of the free IVF scheme as part of the upcoming budget. The expansion will focus on enabling couples who require donor assistance—those in need of donor eggs or sperm—to access publicly funded IVF, and on expanding the scheme to include couples experiencing secondary infertility, where couples who already have a child face difficulties in conceiving again.