RIS321810 Den Haag Strijdbaar voor de transgemeenschap bijlage 4

Šimaitis contested the penalty, viewing it as political persecution, especially in light of his announced candidacy for the upcoming elections. Critics argue that such a minimal fine may inadvertently encourage similar provocative actions in the future.

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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

LUXEMBOURG ASYLUM

In response to the European Parliament’s adoption of measures addressing the vulnerability of people in reception contexts based on their sexual orientation or gender expression, the Luxembourg Refugee Collective (LFR) released a press statement in April. The LFR emphasised the systemic failure to detect vulnerabilities early on, noting that individuals who have endured violations affecting their physical and psychological integrity often struggle to articulate their distress and trauma. The collective called for comprehensive initial and ongoing training for staff to enhance the identification of vulnerabilities and ensure that applicants for international protection receive appropriate care and procedural safeguards. Since December 2023, all single men seeking asylum have been entitled to a vulnerability assessment interview, marking a significant step forward in addressing the needs of vulnerable individuals, including those based on sexual orientation or gender expression. In line with the ongoing reform of the European asylum system, the Office National de l’Accueil (ONA) has been working to improve current procedures.

Centre LGBTIQ+ Cigale has been invited by the ONA to provide training on LGBTI issues to their staff and has continued training social workers at reception centres operated by the Luxembourg Red Cross, one of the most prominent organisations assisting asylum seekers.

EDUCATION In May, the drag character Tatta Tom was invited to give a reading at the Lycée technique agricole. Following the event, a member of parliament from the right-wing conservative party ADR harshly criticised the school’s invitation and the presence of queer topics in schools in general. In July, a public petition (No. 3.198) calling for the exclusion of LGBTI themes from educational programmes for minors gained the support of over 9,000 people. In response, civil society organisations and individuals launched counter-petitions opposing the exclusion of LGBTI content. These were combined by the Luxembourg Parliament’s Petitions Commission into a single petition (No. 3281). The counter-petition quickly gained momentum, collecting 4,500 signatures on its first day and surpassing the anti-LGBTI petition within two weeks.

EMPLOYMENT The Ministry of Family, Integration, and the Greater Region, in cooperation with the Centre LGBTIQ+ Cigale, the Centre for Equal Treatment, the Rosa Lëtzebuerg association, developed a guide to help bridge the gap between trans people and their employers. This guide equips employers with key information to better understand trans identities and implement inclusive policies, Back to index <-->

while also offering trans people support in communicating their needs within the workplace. The Musée National de la Résistance et des Droits Humains opened the temporary exhibition “Vergessene Opfer. Victimes oubliées” with a panel discussion. The exhibition was dedicated to the fates of the forgotten victims of the Holocaust such as LGBTI people, people of colour, Sinti and Roma people, disabled people and Jehovah’s Witnesses.

EQUALITY AND NON-DISCRIMINATION In July, Luxembourg Pride marked its 25th anniversary, featuring a supporting programme with over 24 different activities. The festival was attended by six members of the government, including Deputy Prime Minister Xavier Bettel and Minister for Equality and Diversity Yuriko Backes.

INSTITUTIONAL SUPPORT In April, the Ministry of Gender Equality and Diversity released an evaluation of Luxembourg’s national action plan on LGBTI rights. The evaluation highlighted progress but also notable hardships for trans and intersex people, as well as for the development of key legislation against conversion therapy. Furthermore, the evaluation underscored that representatives of LGBTI organisations noted challenges in monitoring the progress of the plan on LGBTI rights. This year, the Ministry for Equality and Diversity provided financial support to three organisations through conventions. In June, support was granted to Intersex & Transgender Luxembourg (ITGL), followed by a commitment to queer-feminist film art in August for Queer Loox. Finally, in September, the Laboratoire d’Etudes Queer, sur le Genre et les Féminismes (LEQGF) received funding for their research on discrimination mechanisms.

HUMAN RIGHTS DEFENDERS During Pride Week, the President of the Luxembourg Parliament received the board of the National LGBTIQ+ Association Rosa Lëtzebuerg and the managing director of its Rainbow Centre to discuss the most pressing concerns of the LGBTI community in Luxembourg. The President of Parliament asked Rosa Lëtzebuerg to offer further training for the employees of the parliamentary administration over the next year.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In January, Rosa Lëtzebuerg’s Rainbow Centre published the first issue of the Queer.Lu print and online magazine with a launch event. The magazine is intended to be a platform for the LGBTI

community in Luxembourg to discuss activities, opinions and ideas. With the support of the Ministry for Equality and Diversity, the magazine is published quarterly and is available free of charge. The national LGBTIQ+ action plan is currently being revised by the Ministry of Equality and Diversity (MEGA), with a strong focus on collaboration with civil society actors. MEGA has involved LGBTI associations across the country through working groups, ensuring diverse perspectives are included in the process.

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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

MALTA

ACCESS TO GOODS AND SERVICES In June, the Government of Malta announced the restoration of a government-owned building on Old Bakery Street in Valletta to be converted into a community centre for LGBTI people and their families. In July, the government launched psycho-social services for LGBTI individuals, offering personalised and group support sessions at the Wellbeing Hub in A3 Towers, Paola, with plans to relocate to the Old Bakery Street building in Valetta once its renovation is complete.

ASYLUM Civil society made four recommendations to the government to amend the asylum system and legislation that fails to protect LGBTI asylum seekers from discrimination and violence, and prevents them from enjoying the same rights as Maltese citizens. The recommendations build on concerns highlighted by the government’s LGBTIQ Equality Strategy and Action Plan (20232027), launched the previous year, which aimed to combat discrimination and violence but left gaps in protections for LGBTIQ+ migrants and refugees.

EDUCATION According to a Eurobarometer survey on discrimination, 77% of Maltese respondents believe that school lessons and educational materials should include information about LGBTI identities. Additionally, 78% of Maltese respondents agree that school lessons should also cover sexual orientation.

EQUALITY AND NON-DISCRIMINATION An audit by the National Audits Office published in December slammed the EuroPride 2023 budget blowout and discrepancies in procurement procedures and documentation, which significantly exceeded its original budget of €2.5 million by 86%. Seven NGOs expressed frustration over the lack of consultation and transparency regarding the costs of EuroPride.

HEALTH In January, Checkpoint Malta announced it would host free, community-led HIV testing sessions throughout the year in Valletta, Gozo, and Paola. These sessions address a vital need for accessible and stigma-free HIV testing, which is not consistently available through public health services. The National Strategic Policy for Active Ageing 2023–2030 includes measures to address the specific needs of older LGBTI individuals. One such measure is the establishment of a national Back to index <-->

working group tasked with mapping both the common and unique social and healthcare challenges faced by the LGBTI population. The National Sexual Health Policy was launched for public consultation in December 2024 after being last updated in 2010. The Minister for Health announced that PrEP and PEP will be free in 2025, but it is unclear if they will be universally accessible.

BODILY INTEGRITY In March, it was reported that gender-affirming care was being delayed at the Gender Wellbeing Clinic since July 2023, due to the resignation of the psychiatrist. In October, the Malta LGBTIQ Rights Movement (MGRM) staged a demonstration outside the Ministry of Health, calling on authorities to address ongoing and critical delays in gender-affirming care, which left new patients without the essential healthcare services that were promised by the government.

DATA COLLECTION The data from the 2021 Census by the National Statistics Office (NSO) was published in January, and collected data on sexual orientation for the first time. 2.5% of individuals over 16 identified as lesbian, gay, bisexual or a different sexual orientation. The rate was three times higher in foreigners than Maltese. The NSO placed Gżira ahead of its neighbouring areas for the percentage of LGBTI residents, with 509 out of 9,442 identifying as LGBT. A survey conducted by the EU Agency for Human Rights revealed that 62% of LGBTI people in Malta feel comfortable disclosing their sexual orientation, surpassing the EU average of 51%.

FOREIGN POLICY The Maltese nominee for European Commissioner, Glenn Micallef, was asked about his position on trans athletes participating in women’s sports in the parliamentary hearing to approve his nomination. He responded that decisions should be left to the sporting organisations that decide on such issues, and that “sport is for everyone, no matter the identity or gender”. He was later approved for European Commissioner for Intergenerational Fairness, Youth, Culture and Sport.

HOUSING The first shelter providing supported accommodation for LGBTI people was completed by the Malta LGBTIQ Rights Movement, and inaugurated by the Prime Minister and Minister for Social Accommodation in December 2024. It is expected to start receiving residents in 2025.

INSTITUTIONAL SUPPORT Following the publication of the European Union Agency for

Fundamental Rights (FRA) LGBTIQ survey, Rebecca Buttigieg, Malta’s Parliamentary Secretary for Equality and Reforms, acknowledged that while progress has been made, further efforts to identify other needed policies to counter discrimination and safeguard the rights of LGBTI people are needed to ensure full equality and inclusivity. In July, the Human Rights Directorate of the Government of Malta published a progress report for its ‘LGBTIQ+ Equality Strategy & Action Plan’, covering the period from January 2023 to July 2024.

LEGAL GENDER RECOGNITION In September, Malta implemented a new law that allows nonbinary identities to be officially recognised on birth certificates. The new law builds upon the 2018 Gender Identity, Gender Expression, and Sex Characteristics Act that granted trans people the right to update their legal gender by further expanding these rights.

SEXUAL AND REPRODUCTIVE RIGHTS In March, activists in Valletta held a march for International Women’s Day, calling for significant reforms on abortion rights and domestic violence. Participants particularly highlighted the need to address Malta’s stringent abortion laws. The criticism focused mainly on recent legislative changes that further limit access to abortion, and the prioritisation by both politicians and the Church of embryo protection over women’s rights.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE The 2024 Malta Pride Week took place from September 6 to 15, commemorating 20 years since the country’s first Pride celebration. The theme for this year, #20YearsofPride, highlighted not only the celebration of diversity but also the continued fight for LGBTI rights and visibility.

SOCIAL SECURITY AND SOCIAL PROTECTION In November, the Malta’s Nationalist Party (PN) reaffirmed its commitment to strengthen LGBTI rights in Malta, to ensure the LGBTI community continues to benefit from legislation that promotes inclusivity.

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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

MOLDOVA ASYLUM

In January, a 21-year-old trans woman and asylum seeker from Moldova took her own life two weeks after her asylum application was denied. In March, the General Inspectorate for Migration denied refugee status to seven LGBTI people from Russia. The Inspectorate argued that the applicants failed to demonstrate risks or dangers if they were to remain in Russia and cited that mere membership to a social group would not award refugee status. The applicants challenged the decisions in court, with two rulings from the Court of Cassation issued in their favor. However, two decisions were refusals, and three other cases are still pending.

BIAS-MOTIVATED SPEECH During the Moldova Pride festival several people posted videos on TikTok threatening and inciting hatred towards LGBTI people. Several complaints were filed with the police. Two people were identified and fined. Three more cases are under investigation. Several instances of hate speech occurred during the electoral campaign for the presidential elections in the Republic of Moldova. “Political affiliation”, “sexual orientation/gender identity” and “sex/gender” are the criteria that have most cases of hate speech identified during this period. All pro-Russian parties used homophobic and transphobic language. In September, two TikTokers in the Republic of Moldova were fined by the police for publishing hateful videos targeting participants from this year’s Pride March. The sanctions, one for hooliganism and the other for incitement to hatred, set a legal precedent in Moldova. In September, Ilan Shor, leader of the opposition “Victory” bloc in Moldova, vowed to ban LGBTI propaganda if the country rejects European integration in the upcoming referendum. Shor pledged to push for legislation that would prohibit LGBTI propaganda and attacks on faith, aligning his position with anti-LGBTI stances, which are part of Russia’s broader agenda in the region.

In October, the Audiovisual Council of Moldova rejected appeals from the Communist Party of the Republic of Moldova (PCRM) and Our Party, who complained that Teleradio-Moldova had refused to air their electoral messages. One of the contested messages advocated for banning LGBTI propaganda in schools. In November, the Audiovisual Council sanctioned the regional public broadcaster Găgăuzia Radio Televizionu with a fine of 15,000 lei for violating the principles of impartiality and accurate information and was warned against broadcasting Back to index <-->

discriminatory content. This decision came after a petition by the GENDERDOC-M Information Centre, which argued that the “Обсуждаем вместе” program on TV-Găgăuzia failed to respect the principles of freedom of expression, correct information, and human rights, featuring homophobic behavior, incitement to hatred, and discrimination.

BIAS-MOTIVATED VIOLENCE In January, a trans man was physically and verbally assaulted by a passenger and the conductor of a bus in Chișinău. In response, the police and the Electric Transport Authority have launched an investigation, urging citizens to respect and support each other. In June, a lesbian woman was assaulted on public transport by an Interior Ministry guard on grounds of homophobia. A police complaint was filed and the employee was fined. In July, a young man was attacked in the city centre by several minors. The police on patrol nearby got involved late and let the assailants go without identifying them. On the night of July 17-18, the door of the new office of Queer café in Chisinau, which organises events for queer people, was vandalised. A police complaint was filed. On the night of July 19-20, a young LGBTI man was stripped naked near a club and was attacked by several men nearby. The assailants threw several objects at the man and then started beating him, knocking him to the ground. Several people called the police who were patrolling nearby but they said they would not get involved. The beating continued for a significant amount of time before the police eventually arrived after several calls.

In October, a lecture on queer history in Romania and Moldova, hosted by the Cărturești Bookstore and led by Florin Buhuceanu, founder of the Museum of Queer History and Culture in Romania, was disrupted by a bomb alert at the National History Museum of Moldova.

EDUCATION ​​In September, a teacher at Anton Chekhov High School delivered a speech to students that included anti-European propaganda. The speech contained claims that following EU integration, children would be able to change their gender and that Ukraine had already installed urinals in girls’ restrooms and legalised same-sex marriage.

EQUALITY AND NON-DISCRIMINATION In January, Transnistria released an official document titled “Preservation of Traditional Values is the Priority of the State.”

The document addresses the rise of various movements and subcultures that advocate for non-traditional sexual relationships among youth. It describes this as widespread promotion carried out through media channels and public events, including online film screenings. The document asserts that the demonstration of what it terms “deviant behaviour” is increasingly viewed as normal in contemporary society. In June, a draft law aimed at approving the Concept of the National Policy for the Preservation and Strengthening of Traditional Spiritual and Moral Values in the Republic of Moldova was registered by six deputies from pro-Russian parties.

FAMILY In April, the Râșcani sector court dismissed the case of a samesex couple seeking to have their marriage registered after the Public Services Agency also rejected the couple’s initial request.

FREEDOM OF EXPRESSION In January, the Transnistrian region declared the year as the “Year of Family Values.” In this regard, the region outlined a focus on introducing legislative measures to criminalise the promotion of non-traditional sexual relationships and gender identities among minors.

HEALTH In December 2023, a new law was enacted to amend Article 191 of Law No. 1409/1997 regarding medication. This legislation effectively prohibits the medications commonly used by trans men for hormone therapy. In the wake of this ban, several trans people have reached out to the GENDERDOC-M Information Centre, reporting that they are unable to purchase these essential medications, even when they possess a doctor’s prescription. Since then, the Centre has met the Ministry of Health on this subject, clarifying that the Ministry is planning to set up a committee that will create a protocol for prescribing hormone therapy.

DATA COLLECTION The GenderDoc-M Centre released a report detailing numerous instances of assault, discrimination, and harassment against LGBTI people throughout 2023. The report highlighted a significant amount of anti-LGBTI rhetoric originating from politicians. In November, in its latest National Report on Moldova, the European Commission against Racism and Intolerance (ECRI) highlighted that discriminatory attitudes toward LGBTI people persist in Moldova. ECRI particularly noted that although there is Back to index <-->

a lack of official data on the LGBTI population, which hinders an accurate assessment of the situation, prejudice against LGBTI people remains widespread in Moldova.

HOUSING The GENDERDOC-M Information Centre for Assistant was approached by a trans woman who suffered domestic violence due to her gender identity. The staff helped the victim file multiple complaints with the Ministry of Social Protection, the Children’s Ombudsman, and the police, prompting the formation of a commission to investigate her situation. Since she had no safe place to stay, she was accommodated in the refugee shelter operated by the GENDERDOC-M Centre until she reached adulthood.

INSTITUTIONAL SUPPORT In November, the European Commission against Racism and Intolerance (ECRI) released their latest national report on Moldova, recommending that Moldovan authorities intensify their efforts to ensure the independence, effectiveness, and proper resourcing of the Council for Equality and the Ombudsman. The report also provided a series of recommendations, urging Moldovan authorities to take urgent and substantial actions to combat discrimination, promote equality, and protect human rights.

PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE Frolov criticised statements by MP Marina Tauber and Gagauz Autonomy governor Evghenia Guțul, who, during a visit to Moscow, claimed European integration would undermine Moldova’s national identity and impose LGBTI values on the country. During a visit to Moscow in September, Moldovan politicians Marina Tauber and Evghenia Guțul met with Russian officials, including Maria Zakharova and Olga Skabeeva. Tauber stated that European integration would destroy Moldova’s national identity and impose LGBT values, sentiments echoed by Guțul. In October, two false bomb alerts targeted an LGBTI festival in Chișinău. The festival’s disruption came just days before key elections in which Moldova’s pro-EU President Maia Sandu sought re-election.

PUBLIC OPINION A recent survey conducted by the Centre for Sociological Analysis and Investigations CIVIS, commissioned by the Lex XXI Association, revealed significant gaps in understanding the LGBTI community among residents of Balti. Carried out from June 20 to

July 11, 2023, the findings indicate that 90% of respondents lack awareness and comprehension of the issues faced by the queer community in the region. Furthermore, the social distance index towards the LGBTI community registered an average score of 5.1 on a scale of 0 to 7, with 7 signifying a very high level of distance or exclusion from society. In December, the GENDERDOC-M Information Centre, in collaboration with Magenta Consulting, conducted a study titled “Evaluation of the Perceptions of Residents of the City of Chisinau About LGBT+ People.” The research surveyed 723 respondents aged 25-45 years. The results showed that only 9% of respondents held a positive attitude towards LGBTI people, while 44% had a negative opinion, a six percentage point increase compared to the 2023 survey. Overall, 55% of respondents were neutral or supportive. The Social Distance Index, which measures the level of acceptance towards various minority groups, revealed that LGBTI people continue to have the lowest level of acceptance, with an index of 1.75.

POLICE AND LAW ENFORCEMENT In February, the former president of Moldova, Vladimir Voronin, and six other opposition deputies were summoned by the Chisinau Appeals Chamber to face court proceedings over their involvement in a 2022 anti-LGBTI flash mob. In June, the Court ruled in favour of a gay man who had been persecuted in the army because of his sexual orientation. As part of the ruling, the court ordered his aggressor to pay approximately 60,000 lei in compensation. In June, the Chisinau Court ordered Bishop Marchel of Balti and Fălești ordered to pay 10,000 lei in moral damages to two LGBTI people for inciting discrimination based on sexual orientation.

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