RIS321810 Den Haag Strijdbaar voor de transgemeenschap bijlage 4

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In Ireland’s recent general election, eight LGBTI TDs (Members of Parliament) were elected to the Dáil, marking the highest number of LGBTI representatives in the country’s history.

In April, Joe O’Brien, the Minister of State for Community Development, Integration, and Charities, announced that 18 projects would be awarded funding through the National Integration Fund 2023.

In October, far-right agitators in Ireland were reported to be planning a campaign to gather LGBTI books from libraries across the country and burn them, as indicated in posts shared on Facebook. The individuals involved are believed to be the same group that previously targeted libraries, harassing staff and threatening to destroy LGBTI literature.

Duncan Smith, Labour TD for Dublin Fingal, has criticised Health Minister Stephen Donnelly for failing to engage with trans

In November, 18 LGBTI organisations in Ireland launched a manifesto urging election candidates to commit to LGBTI rights.

INSTITUTIONAL SUPPORT

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Key priorities included strengthening rights, investing in health, and tackling hate speech. In response, political parties like Fianna Fáil, Fine Gael, Sinn Féin, and the Green Party expressed varying levels of support, with commitments on healthcare, anti-bullying, and trans rights. A Presbyterian minister in Dublin, resigned after facing multiple disciplinary actions linked to her support for the LGBTI community. She had previously been censured in 2021 for allowing a same-sex married man to serve as a council member. In 2023, she participated in a religious service with LGBTI Christians for RTÉ’s Pride coverage, leading to further complaints and a formal rebuke from the church.

PUBLIC OPINION In March, after two recent referendums — one concerning legal definition of family in the Constitution and one concerning the introduction of more inclusive language in the definition of family duties — were rejected, Fine Gael Minister of State Peter Burke stated that the government must assess whether the views of campaigning NGOs reflect those of broader Irish society. Burke pointed out the significant involvement of state-funded organisations in promoting the ‘Yes’ votes in both campaigns. In April, research from Trinity College Dublin and Belong To shared that public attitudes towards the LGBTI community in Ireland are mostly positive, with areas for consideration including one fifth of adults agreeing that being LGB is a phase, a choice, or that people can be convinced to be LGB, and 19% stating that accepting trans people is difficult.

POLICE AND LAW ENFORCEMENT A student who assaulted a gay couple and directed homophobic slurs at them while involved in a dispute with his girlfriend has been given a two-and-a-half-year prison term, suspended entirely on the condition that he remains law-abiding during this time. Irish former Taoiseach (Prime Minister) Leo Varadkar suggested that Ireland might need to adopt policies akin to Scotland’s regarding the housing of trans women in prisons.

SOCIAL SECURITY AND SOCIAL PROTECTION In September, the Professional Association for Trans Health Ireland (PATHI) was officially launched. Funded by the Irish Research Council, PATHI is a new multidisciplinary organisation that brings together professionals from various fields, including healthcare, law, policy, advocacy, community organising, and education, all working towards advancing the health, rights, and wellbeing of trans and gender-diverse communities in Ireland.

 MORE INFORMATION ON WWW.ILGA-EUROPE.ORG

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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

ITALY

ACCESS TO GOODS AND SERVICES

BIAS-MOTIVATED VIOLENCE

In June, a gay couple in Modena was denied a rental home because the landlord specified a preference for a ‘traditional family’ consisting of a man, woman, and child.

This year saw a troubling increase in the number and geographic spread of bias-motivated violence against LGBTI people in Italy compared to 2023, with incidents reported almost monthly.

ASYLUM

In January, six youths were surrounded and beaten by a group of 12 people in Palermo, Italy, in a homophobic attack.

In May, the list of “safe countries of origin,” which allows for an expedited and more restrictive asylum process, was updated to include four additional countries where homosexuality is criminalised: Bangladesh, Cameroon, Egypt, and Sri Lanka. In October, with ​​the approval of the new immigration decree, Cameroon and Nigeria were removed from the list of “safe countries”. This means that the current list of “safe countries” features nine countries that criminalise homosexuality, with no exceptions provided for at-risk groups such as LGBTI people: Bangladesh, Egypt, Sri Lanka, Tunisia, Algeria, Morocco, Senegal, Ghana, and The Gambia. In October, a court in Bologna referred the question of the definition of ‘safe countries of origin’ to the European Court of Justice, requesting the Court to establish whether a country that is overall safe for its general population can be considered safe even if it perpetuates discrimination against specific minorities.

BIAS-MOTIVATED SPEECH Italy’s Family Minister Eugenia Roccella criticised the declaration promoting European policies in favor of LGBT+ communities. She argued that the document’s advocacy for self-identification and fluidity in gender is an “ideological constraint” and a denial of the “inherent reality of biological sex.” Roccella emphasised her belief in maintaining “gender binarism,” asserting that there are only men and women. During the Olympics, a hate campaign targeted Algerian boxer Imane Khelif, while some public figures and politicians attacked trans athlete Valentina Petrillo for her participation in the Paralympics. In Milan, homophobic graffiti targeting a teacher appeared on the walls of a middle school five times in nine months. In September, a teacher in Treviso was insulted by a student on grounds of his sexual orientation. Although the teacher filed a complaint against the pupil for insulting a public official, the court dismissed the case due to the fact that sexual orientation does not constitute protected grounds in hate speech legislation.

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In March, two young men riding a scooter stopped, insulted and then assaulted another young man in Scampia, in the province of Naples. The two attackers shouted homophobic slurs at the victim before assaulting him. In May, a 22-year-old man in Milan was attacked and stabbed for being gay. In Salero, Samir, a 32 year-old man of Honduran descent, was physically assaulted and was subjected to homophobic slurs. In June, a gay couple was cornered and assaulted by three men and a woman in Rome after their attackers noticed they were holding hands. The attackers have since expressed remorse, claiming that the confrontation stemmed from a traffic dispute rather than discriminatory or homophobic motives. In June, a makeup artist was attacked in Foggia, while, in Rome, two young men subjected an activist and leader of the Gay Party to insults before physically assaulting and threatening him. In July, on Pride night in Cagliari, an individual was threatened with a knife, kicked, and punched in a homophobic attack, while during Naples Pride, two girls suffered head injuries as a result of an LGBTI-phobic assault. In August, a boy walking with his partner in Turin was punched in the face by a group of strangers. In August, two trans women were approached and attacked by a group of about ten young men in Castiglione in Teverina, in the Viterbo province.

Despite the attack occurring in a busy square, none of the bystanders intervened to assist the victims or halt the violence. In September, a 33-year-old gay man from Palermo, Sicily, took his own life, overwhelmed by the fear of being judged and discriminated against. In September, a drag artist was attacked in Turin while walking arm-in-arm with his boyfriend, causing him to be taken to hospital. In September, a 42-year-old man in Cremona was subjected to homophobic insults before being struck in the face with a can.

In November, Italian content creator Sespo reported being attacked while walking on the streets of Milan.

DATA COLLECTION In May, a survey conducted by the universities of Verona and Pavia highlighted dissenting opinions on LGBTI rights across the Italian respondents. The survey revealed that 56.3% of Italians believe Parliament made a mistake by rejecting the Zan bill in 2021, the bill aimed to extend anti-discrimination protections to include sexual orientation, gender identity, and disability. The majority (59.7%) support simplifying the process for changing one’s gender marker on official documents. 83.4% agree with recognising unions between people of the same sex. Yet, there is a split on how this recognition should be implemented: 56.8% support extending marriage rights to same-sex couples, while 26.6% stated a preference for civil unions. In July, the Italian National Institute of Statistics (ISTAT) published a book with their data on the ISTAT–UNAR project (2018-2023) concerning labour discrimination towards LGBTI individuals and diversity policy. The results of a study on gynaecological health and LGBTI identities conducted by Coming-Out LGBTI+ Community Centre of Pavia and UNAR were published in September. The survey revealed a lack of adequate training on gender nonconforming identities and orientations, which precludes essential services to a substantial portion of the population.

EDUCATION In May, Laura Ravetto from the Lega Nord party introduced a bill aimed at banning the teaching of “gender theories” in schools. In September, the Culture Committee of the Chamber of Deputies approved a resolution introduced by Rossano Sasso of the party Lega, calling on the government to exclude any content related to what is referred to as “gender ideology” in schools. In October, the Undersecretary for Education, Rossano Sasso, requested the closure of a course at the University of Sassari on gender and queer theories. Undersecretary Sasso accused the University of Sassari of promoting “gender ideology” with public funds. The case also reached the Italian Parliament, leading to controversy. In October, the association Provita e Famiglia and the political party Fratelli d’Italia criticised the University Aldo Moro of Bari, for hosting a conference on same-sex parenting, for allegedly denying children’s rights to both a mother and a father while promoting surrogacy. Provita e Famiglia also expressed outrage over the Back to index <-->

involvement of the university’s Rector, Stefano Bronzini, and the university’s counselling centre, which connects students with local LGBTI associations. Additionally, the association called on the Minister of University and Research, Anna Maria Bernini, to intervene and prevent Italian universities from using funds for political and ideological purposes.

EMPLOYMENT In September, Italy’s Minister of University and Research, Anna Maria Bernini, requested an inquiry into whether a research project on trans and gender-creative children (ages 7–14) met the requirements of the public call won by one of the researchers at the University of Roma Tre earlier in 2024. The request came amidst a wave of hate speech and death threats targeting the two researchers—a cisgender woman at the University of Roma Tre and a non-binary person from the University of Bologna— sparked by certain political parties and anti-gender movements. The backlash extended to the researchers’ universities, with accusations of promoting “gender ideology” and demands for institutional action against them. In response, several associations and the Rector of the University of Roma Tre publicly defended academic freedom and condemned the attacks.

EQUALITY AND NON-DISCRIMINATION In January, a statement from the Ministry of Education addressing the Holocaust Remembrance Day failed to mention the persecution of LGBTI people. In March, Italy voted against a European Commission regulation aimed at guaranteeing the cross-border recognition of same-sex parents. In May, during the traditional spring assembly with Italian bishops, Pope Francis reiterated his stance against admitting gay men to seminaries. He reportedly expressed concerns about what he described as an inappropriate atmosphere within the Church, urging bishops to exclude LGBTI people from seminaries. In June, the Puglia region enacted new legislation introducing structural measures to ensure equal rights for LGBTI people and address discrimination based on sexual orientation and gender identity. In October, Senator Ivan Scalfarotto revisited the case of a prison police officer who faced discrimination in his workplace, the Vercelli prison. The officer was subjected to workplace discrimination by his colleagues and a prison inspector due to statements made by inmates about his perceived sexual orientation. After receiving such statements – which were later retracted – the inspector subjected the victim to a psychological

evaluation and reported him to his superiors. While the Regional Administrative Court awarded the victim compensation, the issue remains unresolved, with the disciplinary proceeding against the inspector still pending and a parliamentary question being submitted by the Italia Viva Party on his qualifications and professional background.

FAMILY The Court of Bergamo ruled against the National Institute for Social Services (INPS) for failing to allow same-parent families to apply for parental leave, citing this as an unjustified discrimination against same-sex parents. INPS was given two months to update its portal accordingly. However, instead of complying, the institute appealed the ruling and did not modify its IT system for handling administrative requests. In February, the Court of Appeal of Milan ruled that only the biological mother can be recognised on the birth certificates of children of same-sex couples, obliging the non-biological parent to pursue adoption for legal recognition. Earlier, the court had invalidated the registration of a birth certificate for a child born to a male couple via surrogacy, deeming it illegitimate. However, this ruling established that even in cases where women use assisted reproduction, only the biological mother is entitled to be listed on the birth certificate. A few days later, the Court of Appeal of Brescia took a contrasting stance. In the ruling, the court upheld the validity of the birth certificate for a child with two mothers, arguing that an “evolutionary interpretation” of existing laws is necessary to address the gaps in legal protection for children.

In February, the Court of Appeal of Rome ruled against the Ministry of the Interior, who in 2019 put out a decree mandating the use of the terms ‘mother’ and ‘father’ on documents. The court ruled that electronic identity cards for minors should reflect the actual family structure by using “parents” or a similar inclusive term. In March, the Padua court upheld the validity of birth certificates recognising children as having two mothers. In doing so, the court rejected a previous appeal from the Prosecutor’s Office that sought to erase the legal recognition of non-biological mothers or those who had not given birth. The decision emphasised that protecting the minors’ legal status and familial recognition takes precedence over the Prosecutor’s appeal. In June, the Lucca court raised a constitutional question regarding articles 8 and 9 of Law 40/2004 and article 250 of the Civil Code, which currently limit legal parenthood status to the biological parent by excluding the non-biological mother from the birth records of children born through IVF. The deliberation was anticipated for early December 2024, but no official statements or rulings have been released to date. Back to index <-->

In June, the Ministry of the Interior and the Venice Attorney General’s Office filed a complaint with the Venice Court of Appeal against the 39 decrees of the civil judges in Padua. In July, the Venice Court of Appeal “froze” the proceedings in Padua, pending the Constitutional Court’s decision on a similar case in Lucca. In July, the Constitutional Court affirmed the status of de facto cohabitants as full family members, declaring Article 230-bis of the civil code unconstitutional.

FREEDOM OF EXPRESSION In September, l’Espresso, a weekly news magazine in Italy, dismissed Simone Alliva, a journalist recognised (also) for his advocacy in LGBTI rights. Alliva alleged that he faced significant pressure, insults, threats, and verbal assaults before being dismissed.

FOREIGN POLICY In June, Italy refused to support an open letter produced by the United States and already signed by 37 diplomatic representations denouncing LGBTI discrimination in Hungary. In November, in response to the state-sponsored dissolution of national organisations addressing LGBTI issues in Argentina, 30 Western ambassadors united under the “Diplomats for Diversity” initiative, signing a statement affirming their support for the LGBTI community. Notably, Italy’s Ambassador to Argentina, Fabrizio Lucentini, did not sign this appeal.

FREEDOM FROM TORTURE, CRUEL, INHUMAN, OR DEGRADING TREATMENT In October, a 15-year-old boy, bullied and subjected to physical violence by classmates because of assumptions about his sexual orientation, decided to take his own life. According to testimonies, the students taunted him and hit him in the genitals.

HEALTH In January, the Minister of Health launched an investigation into the Careggi Hospital in Florence, following a request by Senator Maurizio Gasparri from Forza Italia party, regarding the use of triptorelin, a hormone blocker, for trans youth. The investigation threatens access to this life-saving treatment and risks shutting down one of the country’s only services for trans adolescents.

HOUSING In May, a LGBTI co-housing refuge was established by the Gay Centre Association in Rome, marking the third LGBTI shelter in the capital. This refuge will accommodate up to three LGBTI youths

who have experienced violence and discrimination.

reassignment surgery to ask for authorisation from the court.

In December, the National Network of LGBTQIA+ AntiDiscrimination Centre was officially established during the “Spazio ai Cad” initiative. The two-day event, held on December 7 and 8, took place at Cassero in Bologna as part of the La Violenza Illustrata Festival.

In August, Augusto Barbera, President of the Constitutional Court, reiterated that parliament should address the legal status of children of same-sex couples and recognise non-binary gender

INSTITUTIONAL SUPPORT In March, the Commissioner for Human Rights of the Council of Europe released a report underscoring the trend of ultraconservative governments exploiting LGBTI people to bolster their political standing under the guise of defending “traditional values.” The report urged governments and authorities, among them Italy, to develop and fund public awareness campaigns and training programs to better educate the public about the rights and experiences of LGBTI people. In April, the European Parliament denounced the rise of antiLGBTI rhetoric within some European governments, expressing concern about how such rhetoric undermines global efforts towards the universal decriminalisation of LGBTI identities. In July, UNAR finally issued a call for the selection of projects aimed at establishing or strengthening centres against discrimination motivated by sexual orientation or gender identity In October, the Council of Europe expressed concern about the rise of hate speech and xenophobia in Italy, urging the government to adopt a plan to combat racism. After five years of monitoring the human rights situation in the country, the European Commission against Racism and Intolerance (ECRI) published a report highlighting an increase in xenophobic rhetoric in public discourse, particularly directed at refugees, immigrants, and LGBTI people.

LEGAL GENDER RECOGNITION The municipality of Turin introduced a policy allowing trans and non-binary people to use their chosen name on the GTT public transport card, aligning with their gender identity rather than their registered name. In July, the Constitutional Court, answering the referral of a local court, ruled the request for legal gender recognition of non-binary people inadmissible but has called on Parliament to address the issue legislatively. In July, the Constitutional Court declared unconstitutional the obligation imposed on trans people who want to undergo gender Back to index <-->

identities.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In November, the headquarters of the Mario Mieli Homosexual Culture Circle in Rome were vandalised with homophobic graffiti on its rainbow-coloured ramp. Lara Ghiglione, secretary of the CGIL, expressed dismay, stating that the attack confirmed once more the hostile climate in the country for LGBTI people. In December, an LGBT+ Jubilee event organised by La Tenda di Gionata was removed from the Vatican’s official website without explanation. A Vatican official later clarified that its prior inclusion did not imply official support from the Holy See.

SEXUAL AND REPRODUCTIVE RIGHTS In April, Italy’s Prime Minister condemned surrogate parenthood as an “inhuman” practice. As part of her intervention, she also urged parliament to advance a bill that would criminalise Italians who travel abroad for surrogacy, which is already illegal in Italy and punishable by jail and fines. In June, the Lega Nord party proposed an amendment to a bill that aims to prohibit surrogacy, even when conducted abroad. The bill proposed the introduction of imprisonment ranging from 4 to 10 years and fines between €600,000 and €2 million for those involved in surrogacy. In October, the bill was signed into law, allowing surrogacy to fall under the umbrella of “universal crimes”, a type of offence which typically applies to crimes like genocide or human trafficking, and extending penalties to Italian citizens who seek surrogacy abroad. ​​The legislation, approved with 84 votes in favor and 58 against, ended up imposing fines ranging from €600,000 to €1 million and prison sentences from three months to two years. The law has sparked significant controversy, particularly among human rights groups, who argue that the law unfairly targets same-sex couples and infringes on personal freedoms.

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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

KAZAKHSTAN

ACCESS TO GOODS AND SERVICES In January, a petition was initiated by a group of 135 Kazakhstani parents to ban or restrict Kazakhstan’s first website dedicated to Selftanu, which aimed to share resources for LGBTI youth. In February, the Ministry of Culture and Information announced the banning of the website. The Ministry claimed that the measure was enacted to protect children’s rights and to align with Kazakhstan’s cultural and traditional values.

BIAS-MOTIVATED SPEECH In February, the creators of the Selftanu website reported receiving numerous threats and bias-motivated speech, both from within Kazakhstan, and from Russia. In May, the statement posted by the U.S. Embassy in Kazakhstan celebrating International LGBTI Rights Day was met with significant backlash by Kazakhstani authorities, according to NewTimes.kz. In October, Rinat Zaitov, a member of Kazakhstan’s Majilis and the AMANAT party, called for a ban on ‘LGBTI propaganda’ in the country, describing the LGBTI and feminist communities as enemies seeking to “poison” the nation. In a parliamentary inquiry addressed to the Prosecutor General and the Chairman of the National Security Committee, Zaitov condemned LGBTI activism as a “villainous organisation” that he claimed was corrupting the youth through its propaganda. Prime Minister Olzhas Bektenov responded to the inquiry by declaring that the government of Kazakhstan is set to conduct a study on the social, psychological, and medical impact of the LGBTI movement on young people. The prime minister also noted that organisations such as Kaleidoscope, Feminita, and KazFem, which work on LGBTI rights, have faced legal challenges, including administrative responsibility for holding unapproved public actions.

BIAS-MOTIVATED VIOLENCE Over 80 cases of bias-motivated violence and discrimination against LGBTI people were documented in the time period from August 2023 to August 2024. Verbal violence, including hate speech, blackmail, outing and threats of outing, was most prevalent. In approximately 21% of cases, the injured person suffered material damage; in about 15%, physical damage. About 17% of the offences were linked to so-called “hate groups”, including local anti-gender or xenophobic movements and other similar associations. A trend of so-called fake dates was recorded, where an LGBTI person was lured into meeting a potential partner online, and was physically attacked upon meeting them. In five cases, attempts were made to extort money, as the injured party was blackmailed Back to index <-->

by the fact that their sexual orientation and/or gender idenity (SOGI) would be revealed to relatives and on the internet. One victim managed to achieve partial justice in such a case in court in 2024, with several perpetrators from a larger group being held accountable.

BODILY INTEGRITY According to reports by Education Community, a young lesbian woman was stripped of her legal rights when she was falsely diagnosed with schizophrenia as a result of conversion therapy efforts by her mother. The woman’s partner managed to obtain guardianship over her, but she was left dependent for several years until the legal opportunity came for medical re-evaluation.

DATA COLLECTION In April, Orda.kz released an interview with Victoria Primak, a trans rights activist, revealing the often-shared experience of the trans community in Kazakhstan with discrimination. According to Primak’s documentation work, trans individuals are among the most vulnerable groups in the country, with over 80% of trans respondents reporting having experienced discrimination or violence due to their gender identity. In July, research by the Alma-TQ initiative revealed numerous instances of discrimination and abuse from law enforcement towards trans and gender-diverse individuals, including blackmail, threats, and refusal to investigate complaints.

EDUCATION In approximately 7% of cases documented by Education Community, university administration and faculty members outed pupils on the basis of their personal bias and used the stigma surrounding the exposed SOGI of the victims as an excuse for abuse, including hate speech, violations of student privacy, and deliberate grade reduction.

EMPLOYMENT Trans people continue to face significant barriers in terms of employment. In September, a trans woman named Alice was fired from the hostel where she worked due to the owner and roommates suspecting her of being gay. Later, she was also denied housing in that same hostel.

EQUALITY AND NON-DISCRIMINATION In March, the government-organised National Quryltay (an informational congress of government-selected public figures) brought together politicians, economists, and cultural figures to address pressing societal issues in Kazakhstan. Among other issues some participants advocated for the introduction of a legislative ban on LGBTI representation.

In June, a petition to ban all forms of LGBTI ‘propaganda’ gathered enough signatures to be officially reviewed, as reported by El.kz and confirmed by the press service of the Ministry of Culture and Information of Kazakhstan. In July, the working group reviewing the petition held its second meeting with representatives from the government. In response to an official media inquiry from The Village Kazakhstan, the Ministry of Culture and Information of Kazakhstan defended the petition. The Ministry notably argued that the petition does not infringe upon human rights or advocate for discrimination and instead solely aims to limit children’s and adolescents’ exposure to information promoting “non-traditional family values.” Reports have surfaced that the petition’s success was orchestrated by coercive tactics among employees of public institutions. A schoolteacher and a nurse revealed receiving directives to sign the petition via group chats affiliated with the ruling political party. In August, a public discussion on the petition took place at Astana’s Kazmedia Centre, with interventions by government officials like that of a Ministry of Internal Affairs representative who attributed the rising crime rates to the online dissemination of information about sexual freedom.

FAMILY In an interview with Ulys Media, Askhat Aimagambetov, Deputy of the Majilis and Chairman of the Committee on Social and Cultural Development, shared insights on various pressing social issues in Kazakhstan. Notably, Aimagambetov cited LGBTI adoption rights as a contentious topic that he believes to be often instrumentalised to create divisions between society and the authorities.

FREEDOM OF ASSEMBLY In early March, the Nazarbayev University announced a ban on its yearly Women’s Day march.The decision followed an unofficial warning from the mayor’s office, which argued that such rallies promote non-traditional values like LGBTI rights, and potentially disrupt public order. Officials cited “threats to public safety” as one of the reasons for these refusals, approving instead another government-affiliated rally. Among various proposals, this rally also called for a ban on “feminist and LGBTI propaganda” and emphasised the need to protect traditional family values. In October, Bagila Baltabayeva, the author of a petition against “LGBT propaganda” in Kazakhstan, attempted to disrupt the “Lesbian Kurultai” event in Almaty, organised by the Feminita movement. Law enforcement took both Feminita, as well as Baltabayeva and her associates, to the police station for questioning. Feminita leaders filed a statement accusing the disruptors of petty hooliganism, clarifying that the event was legally conducted and that they had not violated any laws. In April, members of Parliament proposed a provision to officially Back to index <-->

classify “LGBT propaganda” as a legitimate reason for banning peaceful assemblies if such gatherings were deemed to promote it. This proposal was later withdrawn, and no draft law has been submitted to introduce such an amendment.

FREEDOM OF ASSOCIATION In October, the feminist initiative Feminita organised a conference in Almaty. On the opening day, the booked venues were reportedly denied the bookings, allegedly due to a blacklist targeting Feminita. The group accused the Almaty Akimat (city administration) of pressuring businesses to cancel the event. Despite these challenges, the organisers managed to secure an alternative location. However, shortly after the event commenced, the power was cut off.

FREEDOM OF EXPRESSION In April, a proposal aiming to prohibit media outlets from covering what is termed as “propaganda of non-traditional sexual orientation” was added to the parliamentary discussions on a law concerning mass media. The proposed amendment was unexpectedly removed from the draft law, without any clarification on the status of the amendment, leaving its future uncertain. In April, Parliament deputies – Yedil Zhanbyrshin and Samat Musabaev, both from the Amanat party, proposed to include “LGBTI propaganda” as a punishable crime within Article 174 of the Criminal Code on the “Incitement of social, national, tribal, racial, class or religious discord” with penalties of imprisonment of up to seven years. In June, Vitaly Shevchenko, a graphic designer from Ekibastuz, reported that two plainclothes police officers visited his home following his Facebook posts opposing a petition against “LGBTI propaganda.” The police officers issued a warning about his posts, urging him to be cautious to avoid “inciting discord” and warned him that his posts could lead to legal consequences. Shevchenko had previously appealed to the Minister of Culture and Information, arguing that the petition could incite discrimination and breach human rights norms, continuing to voice his concerns on his social media platforms.

INSTITUTIONAL SUPPORT In July, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the UN Special Rapporteur on the situation of human rights defenders, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, and the UN Special Rapporteur on the right to education urged the Kazakh

government to reject the petition requesting legislation capable of banning both visible and covert LGBTI “propaganda.” In a common statement, they argued that such legislation would breach Kazakhstan’s Administrative Procedural Code and international human rights obligations. In April, during the 15th Annual Human Rights Dialogue between the EU and Kazakhstan, the EU addressed the treatment of LGBTI persons.

LEGAL GENDER RECOGNITION The media agency Mediazona reported that trans individuals in Kazakhstan still face significant obstacles in aligning their legal documents with their gender identity. The report indicated that such delays derive from outdated legal and medical practices like mandatory psychiatric evaluations, government approvals, and mandatory sex reassignment surgery.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In April, various LGBTI initiatives, including the Education Community, LBkeshter and Amirovki, ran a crowdfunding campaign to support victims of April floodings in Kazakhstan to improve intersectional collaboration and positive coverage of LGBTI community.

PUBLIC OPINION In February, members of the Zheltoksan 86 movement organised a protest in Almaty against LGBTI rights, calling on Kazakhstan to enact legislation banning LGBTI activities and to prevent upcoming LGBTI demonstrations. In July, travel blogger and trans activist Devin Halbal visited Almaty and held a fan meeting, which drew a large crowd. Despite the support from many fans, the visit sparked controversy online.

POLICE AND LAW ENFORCEMENT In February, Kazakh President Kassym-Jomart Tokayev enacted amendments to the country’s children’s rights legislation. These amendments aimed at barring LGBTI people from adopting or mentoring children and setting up specific psychological tests to assess the sexual orientation of potential mentors and adoptive parents. In April, journalist Botagoz Omarova reported a series of police raids targeting LGBTI parties in Astana. Omarova detailed that during one weekend, around 70 individuals were detained at a police station, where they were reportedly coerced into providing statements. According to documentation reports, two raids in Back to index <-->

Astana’s gay nightclub and a private LGBTI party in April resulted in the detention of approximately 300 people overall. Law enforcement officers forced the detainees to disclose sensitive personal information, including their sexual orientation and gender identity (SOGI), under duress. During the raids, police also forced HIV tests in non-confidential settings, and coerced individuals to sign statements about their SOGI with no definite explanation about the data’s use. Despite fears of further persecution, 33 detainees from the Astana raids sought legal support, leading to an unprecedented collective appeal by 27 of them to challenge the police’s actions and a progressive ruling by the local prosecutor’s office in July. In June, in a closed LGBTI chat on Telegram, an activist shared a video of themselves holding a Pride flag in one of the courtyards of Astana’s residential complexes. A day later, police officers visited the activist’s mother and asked her to contact them for an interrogation about the alleged theft of a bicycle in the courtyard. After continued disturbances, the activist met with the police, where they were interrogated by an unknown local akimat (mayor’s office) employee, shown the video, and warned of harsher punishment if their actions ever repeated.

In July 2024, a pre-trial investigation was launched by the Karasai District Police Department in response to a video featuring choreographer Alisher Sultanbekuly dancing in high heels inside a yurt. The video, which sparked significant outrage online, led to the investigation for incitement of social, national, or religious hatred, carrying a penalty of up to seven years in prison. Minister of Culture and Information Aida Balayeva warned that such content could divide society and threaten Kazakhstan’s cultural norms. Sultanbekuly’s video was widely discussed, particularly regarding the tension between freedom of expression and maintaining cultural traditions. A similar case was recorded in August, when Aman Aubakirov – a high-heels dancer – was fined by police for hooliganism after performing a high-heels dance in an advertisement video. He was asked intrusive questions regarding his relationship status, sexual orientation, and police required him to write an explanatory note that the advertisement video was not created with the intention of “spreading LGBT propaganda”.

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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

KOSOVO FAMILY

In April, Prime Minister Albin Kurti revealed plans to legalise samesex partnerships as part of the country’s bid to join the Council of Europe. Nonetheless, the Civil Code has remained stagnant since March 2022, with no progress on its submission to parliament. In September, Eman Rrahmani and Visar Korenica, MPs from the ruling LVV party, decided to leave the party and form a new coalition called the “List for Family.” This move is in protest of the Draft Civil Code, which they aim to block from being voted on, claiming that it would promote laws concerning the rights of LGBTI persons that would be ‘unacceptable even for Europeans’.

FREEDOM OF ASSEMBLY In June, hundreds participated in Pristina’s eighth Pride march, advocating for LGBTI rights in Kosovo. Blert Morina from CEL emphasised this year’s motto, “We have been, and we will be,” underscoring the need for solidarity and a safe shelter for the LGBTI community.

INSTITUTIONAL SUPPORT In June, Prime Minister Albin Kurti reaffirmed Kosovo’s commitment to democracy and equality during Pristina’s yearly Pride march.

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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

KYRGYZSTAN BIAS-MOTIVATED SPEECH

LEGAL GENDER RECOGNITION

In 2023 and 2024, Kyrgyzstan adopted two discriminatory laws targeting the LGBTI community and restricting the activities of LGBTI organisations. These laws were introduced alongside a media campaign filled with homophobic and transphobic statements from Kyrgyz politicians. Multiple MPs expressed fears that initiatives such as a bill to guarantee equality and protection against discrimination, as well as Kyrgyzstan’s application to a Global Fund program focused on HIV prevention, could potentially be indirectly to advance LGBTI rights.

Since 2021, trans people in Kyrgyzstan have been unable to obtain legal recognition due to amendments made to the Law on Civil Acts. In 2024, the Kyrgyz government further restricted trans rights by adopting new amendments to existing laws, including changes to the Law “On the Protection of the Health of Citizens in the Kyrgyz Republic,” specifically in Article 47, which concerns the “Change and Correction of Gender Identity.” Under the new legislation, trans people can no longer undergo medical examination or treatment related to gender transition until the age of 25. Previously, individuals could begin the process at 18.

DATA COLLECTION A report by Eurasian Coalition on Male Health (ECOM), which included data from their database and open-source analysis, revealed high levels of stigma and discrimination, particularly from law enforcement and healthcare workers, against LGBTI individuals. The findings highlighted numerous cases of abuse of power by police forces, leading LGBTI people to often avoid seeking justice due to fear of further victimisation. For what concerns healthcare, the report underscored multiple instances of healthcare workers engaging in discriminatory practices against LGBTI patients.

FAMILY In March, Kyrgyzstan’s Ministry of Labor, Social Security, and Migration released a revised Family Code for public review. The draft reinforces the Constitution’s view that family is a societal cornerstone, emphasising protection for family, parenthood, and child development. It defines marriage as a voluntary union between a man and a woman over 18, explicitly barring same-sex marriages under Article 15 of the draft.

FREEDOM OF ASSEMBLY On July 22, the Supreme Court upheld the lower court’s decision to maintain the ban on peaceful rallies and protests, which was introduced in March 2022, rejecting an appeal by activists who sought to overturn it.

FREEDOM OF EXPRESSION In March, Kyrgyzstan’s parliament passed the “foreign agents” bill introducing reporting requirements for foreign-funded NGOs, severely hampering their operations and threatening media freedom. The legislation, modelled after Russia’s 2012 law, aims to curb what it describes as undue foreign influence and political interference by requiring detailed annual audits and employee disclosures from NGOs, which could potentially drive many to shut down due to the high compliance costs. The bill was signed into law in April.

In November, Kyrgyzstan’s Ministry of Health proposed a draft regulation on the medical examination of trans people. The draft regulation, now open for public discussion, aims to address discrimination against trans and gender-diverse people, ensuring their rights to healthcare and legal gender recognition. The Ministry explained that the regulation is necessary to establish clear and fair procedures, provide access to qualified medical care, and support social integration for trans citizens.

POLICE AND LAW ENFORCEMENT In Kyrgyzstan, trans women are particularly vulnerable, with many turning to sex work due to societal discrimination and lack of opportunities. Although sex work itself is not criminalised, the Kyrgyz Criminal Code contains provisions prohibiting the operation of brothels, which law enforcement often uses as a pretext to raid the homes of trans women. These raids are frequently accompanied by extortion, as officers demand money from the women under threat of further legal action. The vulnerability of trans women has been further exacerbated by recent amendments to the Criminal Code on June 26, 2024, which regulate webcam studios. Since many trans women in sex work connect with clients through the internet, these amendments directly target them. Law enforcement officials exploit their gender identity for blackmail, intimidation, and extortion, using their status to pressure them for money. Furthermore, personal information about trans women is often shared among law enforcement officers, leading to continued violations of their rights and further harassment for personal gain.

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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

LATVIA ASYLUM

In late April, Latvia’s administrative district court overturned a decision by the Office of Citizenship and Migration Affairs to deny asylum to a Ghanaian LGBTI asylum seeker. The ruling ordered the granting of asylum, rejecting the initial assessment that questioned the credibility of his claims.

BIAS-MOTIVATED SPEECH Following last year’s investigation into former MEP Andrejs Mamikins’ homophobic social media post in response to the election of President Rinkēvičs, further investigations were launched concerning his support for Russian aggression in Ukraine. Mamikins has since fled to Russia, where he has been reportedly involved in activities aligned with Russian state narratives.

BIAS-MOTIVATED VIOLENCE In July, the ECtHR ruled that Latvia mishandled the case of Denis Khanov, a lecturer who was attacked due to his sexual orientation. The ECtHR ruled that Latvia failed to properly address the hate crime he experienced and instead downgraded his case from a criminal to an administrative offence. The court emphasised that public authorities must prevent hate violence and properly investigate discriminatory motives. Following the entry of the court’s judgement into force, the Prosecutor General Office reopened the criminal proceedings, which are currently pending fresh investigation. In May, two individuals were attacked in Daugavpils due to being LGBTI. While one suspect was initially identified, the police closed the case. However, Prosecutor General Juris Stukāns questioned the legality of the police’s decision and ordered the investigation to be reopened. In October, one of the offenders was found guilty of hooliganism causing bodily harm, under Article 231 of the Criminal Code, sentenced to seven months in prison and ordered to pay moral compensation, amounting to 2,500 Euro to one victim, Livai Amareen, and 2,000 Euro to his companion.

Although this case marks the first time in Latvia that a homophobic attack has been officially recognised and punished by law, the criminal proceedings were initiated on the grounds of “disturbing public peace - hooliganism” rather than under the charge of “inciting hatred/enmity against a social group” as outlined in Article 150 of the Criminal Law. Following the judgement, the prosecutor’s office expressed its intention to file an appeal to seek a harsher sentence.

EQUALITY AND NON-DISCRIMINATION In June, the Latvian Supreme Court reviewed appeals against decisions by the Administrative Regional Court, which had previously dismissed applications seeking legal recognition of same-sex couples’ family relationships. The appellants argued Back to index <-->

that the registry office should be compelled to issue favorable administrative acts to legally register their relationships. The Supreme Court’s decision on these appeals is pending.

FAMILY In early July, Latvia’s law recognising civil unions for same-sex couples came into force. The bill, passed in November 2023, grants registered couples equal rights in household management, tax benefits, social security, and emergency hospital access. In July, a Latvian gay couple became the first same-sex couple to register their union under the November 2023 law recognising same-sex partnerships. The couple was followed swiftly by six more couples. In August, Latvian President Edgars Rinkēvičs, the EU’s first openly gay head of state, stated that the legalisation of samesex marriage in Latvia is not imminent. Rinkēvičs emphasised that the government is not yet ready to push for any immediate changes to the country’s marriage laws. In September, a “singing” protest advocating for marriage equality took place in front of the Saeima (National Parliament) in Latvia. Several dozen people, including a queer choir, gathered to remind lawmakers and the public that, despite the introduction of partnership registration three months earlier, the law remains inadequate. Protesters highlighted key issues, such as the lack of inheritance rights and the inability of partnerships to secure residency permits for foreign partners, emphasising the need for full marriage equality to ensure equal protection for all families.

INSTITUTIONAL SUPPORT Latvia officially ratified the Istanbul Convention, which entered into force in May, marking a significant development in the country’s commitment to combating gender-based violence. Nonetheless, alongside the ratification, Latvia affirmed that it would apply the Convention in accordance with the principles, values, and norms outlined in its Constitution. The government also emphasised that the term “gender,” as used in the Convention, would not be understood as an obligation to introduce any alternative understanding of sex beyond the traditional categories of men and women into Latvia’s legal or educational systems.

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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

LIECHTENSTEIN

EQUALITY AND NON-DISCRIMINATION In May, with a 24-1 vote, Liechtenstein legalised same-sex marriage by approving an amendment to the Marriage Law of 1973.

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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

LITHUANIA

ACCESS TO GOODS AND SERVICES In March, the Lithuanian Ministry of Justice hosted an event on the needs of hate crime victims, Organised by the National LGBT Rights Organisation (LGL). The event focused on examining the needs of hate crime victims, highlighting the systemic lack of existing targeted LGBTI victim support measures in Lithuania.

ASYLUM Several LGBTI asylum seekers from Cameroon were granted protection after enduring a lengthy four-year wait for a final decision. However, civil society organisations continue to report ongoing concerns regarding the dire conditions in camps, the prolonged nature of asylum procedures, and the persistent fear of deportation amongst asylum seekers. Psychologist Tomas Kelpša was found guilty by the Vilnius Regional District Court of coercing asylum seekers into sexual acts by threatening to deny their asylum applications.

BIAS-MOTIVATED SPEECH In June, a Lithuanian court postponed the case against former MP Petras Gražulis, known for his anti-LGBTI rhetoric, over charges of publicly ridiculing and showing contempt for individuals based on their sexual orientation. The court instructed the prosecutor to seek permission from the Central Electoral Commission (VRK) to proceed with the prosecution before Gražulis assumed his mandate as a Member of the European Parliament (MEP), which would grant him legal immunity. Following his election to the European Parliament in mid-July, the Vilnius Regional Court in early September directed the prosecutor to request the European Parliament to lift Gražulis’s legal immunity, allowing the case to proceed.

BIAS-MOTIVATED VIOLENCE A participant in the Lithuanian Pride reported being attacked with pepper spray at Vingis Park after the festival’s concert. The police terminated a pre-trial investigation into one of several alleged assaults, where neighbours, including a minor, verbally and physically attacked a same-sex couple. This incident was part of a broader pattern of ongoing harassment that had taken place over an extended period. The European Court of Human Rights (ECtHR) accepted to hear a petition for refusal to investigate a hate-motivated verbal assault in the case of Svirplys & Latvys v Lithuania, where two men were followed, harassed with homophobic slurs and threatened after being seen holding hands in public. The case was reopened in the Lithuanian court; however, the investigation does not include hate Back to index <-->

or bias motive and the perpetrator denies the facts of the case, including the use of homophobic slurs and threats.

EQUALITY AND NON-DISCRIMINATION In February, the Lithuanian government asked the Constitutional Court to review the constitutionality of a law banning the dissemination of information about same-sex relationships to minors. The Court began its hearing in early December. Later that month, the Constitutional Court ruled that Article 4(2)(16) of the Law on Protection of Minors Against Detrimental Effects of Public Information violates several provisions of the Constitution. The Court determined that restricting information about different family models infringes upon minors’ rights to receive information and hinders their development into well-rounded individuals. It empahsised that legislation cannot automatically deem information about various family structures and relationships as inappropriate for minors, as this contradicts the constitutional principles of equality, pluralism, and tolerance. The ruling concluded that the challenged regulation improperly limited the constitutional concept of family and failed to provide minors with objective information that would aid in forming a worldview aligned with constitutional values and human dignity. In March, President Gitanas Nausėda appointed Laurynas Kasčiūnas, head of the Seimas Committee on National Security and Defence, as Defence Minister.

The nomination came despite protest from over 20 human rights organisations denouncing Kasčiūnas views and opposition to human rights, particularly concerning the Istanbul Convention. In April, Lithuania launched the state-funded project “More Effective Protection of LGBTI Rights by Strengthening InterInstitutional Cooperation” (SV5-147), coordinated by the Lithuanian Gay League. Partnering with Kaunas University of Technology (KTU), the Seimas Ombudsmen’s Office, and Vilnius City Municipality, the project evaluates municipal public policies in sectors like education, healthcare, and social protection to assess their inclusivity for LGBTI people. Results were shared at the National Human Rights Forum in December.

FAMILY In March, four same-sex couples filed a complaint with the ECtHR, seeking the registration of a civil partnership, the inclusion of a foreign marriage in Lithuania’s civil registry, and the recognition of a same-sex marriage that took place in the country. In May, the Government made an appeal to the Constitutional Court requesting an evaluation of the constitutionality of the current legal regulations related to partnership institutions. This move is seen as a step towards potentially recognising same-

sex partnerships in Lithuania. In June, the Constitutional Court accepted the request and will proceed with examining the matter to determine whether these provisions conflict with Lithuania’s Constitution. During the drafting of the new government’s programme, Gintautas Paluckas, the leader of the Nemunas Dawn party, communicated that the Partnership Law will not be in the government’s programme. In November, Lithuania’s Civil Registry Department refused to register the marriage of a same-sex couple married in Belgium. The department cited a legal ban on same-sex marriage in Lithuania, stating that the marriage could not be included in the country’s records. In December, the Vilnius District Court issued a historic ruling by recognising two mothers for a child born from a same-sex couple.

FREEDOM OF ASSEMBLY In October, members of the LGBTI community held a protest near the Lithuanian Parliament, voicing their frustration over the government’s ongoing failure to legalise same-sex partnerships. Approximately 20-30 participants attended, carrying rainbow flags and posters to express their dissatisfaction with the absence of legal recognition for same-sex couples in Lithuania.

HEALTH The Ministry of Health initiated training of healthcare professionals based on Health4LGBTI methodology. In November, Aleksandras Alekseičikas-Kirinovas, a psychiatrist who previously claimed to have “treated” LGBTI people during the Soviet occupation and defended this practice in public interviews, was dismissed from the Vilnius City Mental Health Centre after the Lithuanian Bioethics Committee ruled that his statements breached professional ethics.

DATA COLLECTION A Eurobarometer survey revealed that discrimination based on sexual orientation and gender identity, among other factors, remains high in Lithuania, though there are signs of improvement. Compared to 2019, resistance to working with LGBTI people has decreased from 37% to 33%. Nonetheless, the percentage of respondents expressing discontent over the possibility of their child having romantic relationships with LGBTI people remained high (57%). A survey by the Lithuanian Centre for Social Sciences and the Diversity Development Group revealed that about half of Lithuanians would prefer not to live next to LGBTI people.

In April, Lithuania’s Savaitė TV program highlighted presidential candidates’ starkly differing views on LGBTI rights. Freedom Party candidates and some independents supported civil partnerships and broader definitions of family, while others, like Labour Party’s Andrius Mazuronis, upheld a traditional view of family as a union between a man and a woman.

HOUSING Racialised LGBTI migrants consistently reported experiencing discrimination in rental housing situations.

INSTITUTIONAL SUPPORT In March, Vilnius City Municipality, Minister of Justice, Minister of Economy and Innovation, Seimas Ombudsperson Office, Estonia’s Gender Equality Commissioner, and numerous other entities supported a bid by LGL to host EuroPride 2027 in Vilnius. In June, the Lithuanian Pride festival in Vilnius welcomed an estimated 20.000 attendees. The event featured the participation of writer Kristina Sabaliauskaitė, and Freedom Party members like Finance Minister Aušrinė Armonaitė. The Lithuanian Green Party and Vilnius Mayor Valdas Benkunskas also participated, with international guests and embassy representatives, such as the German Embassy. On the International Day Against Homophobia, Biphobia, and Transphobia, foreign ambassadors in Lithuania issued a statement backing the LGBTI community and urging the Seimas to pass a civil unions bill. The Equal Opportunities Promotion Action Plan for 2024-2026 included measures related to LGBTI rights but has been criticised for being fragmented and lacking long-term impact. Seimas Ombudsperson Office led an inter-institutional discussion on LGBTI rights on 30 August, with representatives of major ministries, law enforcement and civil society.

LEGAL GENDER RECOGNITION Following the European Court of Justice’s ruling mandating that EU member states recognise name and gender changes made in other countries within the bloc, the Lithuanian Ministry of Justice announced plans to assess the necessity of updating national legislation. While Lithuania currently acknowledges name changes executed abroad, it does not have an administrative procedure in place for changing gender in civil status records, necessitating a court order instead. Ministry spokesperson Paulius Žeimys indicated that the department is evaluating how the CJEU decision may influence Lithuanian law moving forward.

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POLICE AND LAW ENFORCEMENT In March, the Lithuanian Prosecutor’s Office decided to terminate the investigation into the disruption, by conservative groups, of a peaceful protest to support the repeal of a provision in the Lithuanian Law on the Protection of Minors and to promote inclusive education, held in 2023. Although the protest had been legally coordinated with both the Vilnius Municipality and Police, it was met with disruption by a group of “traditional family values” supporters. Despite the growing tension, police officers present at the scene did not intervene to protect the protesters or stop the harassment. The prosecutor referred the case for potential administrative offences but did not classify it as a hate crime. In April, Seimas Ombudsperson Erika Leonaitė criticised the inadequate police response to the disruption. As part of their statement, they underscored that authorities failed to act against provocateurs who physically and psychologically intimidated protesters. In June, activist Raimondas Šimaitis conducted a protest near the National Martynas Mažvydas Library in Vilnius, during which he burned several pieces of colored fabric. Authorities interpreted this act as the burning of the LGBTI flag, leading to his detention and a subsequent fine of €15.