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Tekst van het document
ANNUAL REVIEW
OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS AND INTERSEX PEOPLE IN EUROPE AND CENTRAL ASIA
2025
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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
INSTITUTIONAL REVIEWS
INTRODUCTION A NOTE ON DATA COLLECTION AND PRESENTATION ACKNOWLEDGEMENTS HIGHLIGHTS AND TRENDS
COUNTRY REVIEWS ALBANIA
ANDORRA ARMENIA AUSTRIA AZERBAIJAN BELARUS BELGIUM BOSNIA AND HERZEGOVINA BULGARIA CROATIA CYPRUS CZECHIA DENMARK ESTONIA FINLAND FRANCE GEORGIA GERMANY GREECE HUNGARY ICELAND IRELAND ITALY KAZAKHSTAN KOSOVO* KYRGYZSTAN LATVIA
EUROPEAN UNION
COUNCIL OF EUROPE UNITED NATIONS ORGANISATION FOR SECURITY AND COOPERATION IN EUROPE
LIECHTENSTEIN LITHUANIA LUXEMBOURG MALTA MOLDOVA MONACO MONTENEGRO NETHERLANDS NORTH MACEDONIA NORWAY POLAND PORTUGAL ROMANIA RUSSIA SAN MARINO SERBIA SLOVAKIA SLOVENIA SPAIN SWEDEN SWITZERLAND TAJIKISTAN TURKEY TURKMENISTAN UKRAINE UNITED KINGDOM UZBEKISTAN
* Included in this Review as a separate jurisdiction following UNSCR 1244/1999
INTRODUCTION Welcome to the 14th edition of ILGA-Europe’s Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe and Central Asia. The publication includes events that occurred between January and December 2024. It provides a snapshot of what happened during the year, at national, regional and international levels, and it documents progress and trends regarding the human rights situation of LGBTI people. While the entire Annual Review is available online, information on each country and institution can be accessed separately via ILGA-Europe’s website, Each European country chapter is added to the ILGA-Europe Rainbow Map, giving background to the country rankings. We must warn that some parts may be potentially triggering for some readers. We must also stress that this document is not an exercise in apportioning blame. ILGA-Europe’s goal is not to point fingers at specific countries. Instead, this publication intends to serve as a tool for the exchange of best practices and policies, and as an open invitation for enhanced cooperation between governments and LGBTI civil society. ILGA-Europe wants this publication to meet our readers’ expectations and needs, and welcome any suggestions for improvement. We hope that you will find this edition of the Annual Review informative and useful.
ILGA-EUROPE’S ANNUAL REVIEW TEAM FEBRUARY 2025
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A NOTE ON DATA COLLECTION AND PRESENTATION This is our 14th Annual Review and we always strive to develop our rigorous data collection system. However, a number of limitations remain. The use of terminology around LGBTI issues is often not harmonised across Europe and Central Asia. Nonetheless, all information within the Annual Review has been verified using original documents and the best available local knowledge. Where possible, information was checked against institutional and national reports, and reliable news sources. For comparative reasons, the language within the Annual Review has been kept in line with ILGA-Europe’s standards, and moves away from country-specific legal terms that may have a different meaning elsewhere. At the same time, we respected the variety of terms used by LGBTI communities to self-identify in different countries. For example, this is why the Annual Review does not exclusively refer to LGBTI, but also to ‘LGBT’, ‘LGBTQ’ and other formulations. Of course, the Annual Review cannot cover every development in all 54 countries in intricate detail. When the development was not adequately reported, or the reports were confusing or contradictory, ILGA-Europe verified them with national experts’ inputs. They are independent human rights defenders or legal experts in each country.
We have also collaborated with regional LGBTI NGOs for their expertise on particular sub-regions or specific work areas, such as trans rights, intersex rights, lesbian rights or rainbow families.
DO YOU HAVE ANY QUESTIONS? REACH OUT TO US AT INFO@ILGA-EUROPE.ORG
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ACKNOWLEDGEMENTS This publication would not have been possible without the invaluable work of human rights defenders in the 54 participating countries. ILGA-Europe would like to acknowledge and extend our gratitude to the following individuals who have contributed towards the completion of this edition of the Annual Review: Dea Nini (Albania), Isabella Vargas González (Andorra), Artur Margaryan, Hasmik Petrosyan, Lilit Avetisyan, Lilit Martirosyan, Mamikon Hovsepyan (Armenia), Luan Pertl, Tinou Ponzer (Austria), Javid Nabiyev (Azerbaijan), Alisa Sarmant, Viachaslau Bortnik (Belarus), Erynn Robert, Florence Gypens, Johannes Cools, Kaj Poelman, Olivia Wittock, Victoria Gilles, Yves Aerts (Belgium), Amil Brkovic, Darko Pandurevic (Bosnia and Herzegovina), Denitsa Lyubenova, Radoslav Stoyanov, Vasilena Dimitrova (Bulgaria), Diana Avdić, Franko Dota (Croatia), Erman Dolmacı (Cyprus), Adéla Horáková, Štěpán Valter (Czechia), Inge Toft Thapprakhon, Nico Miskow Friborg, Søren Laursen, Susanne Branner, Uffe Paulsen (Denmark), Juha Jämsä, Maarit Levonniemi, Tanja von Knorring (Finland), Arnaud Gauthier (France), Mariam Guliashvili, Tamar Jakeli (Georgia), Kerstin Thost, Leo Yannick Wild (Germany), Joy Nikolaou (Greece), Eszter Polgári, Tamás Dombos (Hungary), Bergrún Andradóttir, Kári Garðarsson (Iceland), Richard Bourelly, Yuri Guaiana (Italy), Daire Dempsey, Pádraig Rice (Ireland),
Kristian Rrasaj, Liridon Veliu (Kosovo), Emīlija (Latvia), Monika GuliakaitėDanisevičienė (Lithuania), Andy Maar (Luxembourg), Cynthia Chircop (Malta), Angela Frolov (Moldova), Jovan Džoli Ulićević (Montenegro), Philip Tijsma (Netherlands), Christine Marie Jentoft, Elsa Skjong-Arnestad, Stein Wolff Frydenlund (Norway), Annamaria Linczowska (Poland), Daria Anoaica, Ioana Fotache, Victor Ciobotaru (Romania), Max Olenichev, Nina Pavlova (Russia), Luca Sacanna, Paolo Rondelli (San Marino), Jelena Vasiljević (Serbia), Martin Macko, Natália Tóthová (Slovakia), Linn Julian Koletnik, Maša Jerićević Šušteršič, Neo Oder, Petra Polanič, Sebastjan Sitar, Simona Muršec (Slovenia), Óscar Rodríguez Fernández (Spain), Aino Gröndahl, Anna Nordqvist, Lars Jonsson, Mire Åsell (Sweden), Alecs Recher (Switzerland), Mahmut Şeren, Umut Rojda Yildirim (Turkey), David Omarov, Farkhad Musazov (Turkmenistan), Inna Iryskina, Olha Poliakova (Ukraine), Tim Hopkins (UK, Scotland). Belinda Dear, Cianán Russell, Katja Štefanec Gärtner, Sinéad Gough, Katrin Hugendubel, MarieHélène Ludwig, Rustam Kypshakbayev, and for researching and drafting institutional chapters.
Staff members of ILGA-Europe for research, drafting and editing work, namely Alejandro Hernández Pulido, Alexa Santos, Ana Cecilia Davila Gonzalez, Anastasia Smirnova, Andrei Karpeka, Antonella Cariello, Anna Shepherd, Belinda Dear, Beryl Abols, Brian Finnegan, Chaber, Cianán Russell, Iulia Marcinschi, Katrin Hugendubel, Katja Štefanec Gärtner, Mehmet Akın, Nadzeya Husakouskaya, Nuriko, Ruslana Panukhnyk, Rustam Kypshakbayev, Sinéad Gough, Svetlana Zakharova and Zoé Broisson. Niccolò Fantin, Asa Solway, Valerie Gabard (UpRights) for compiling country information, writing and editing the overall Annual Review in liaison with national experts. Katja Štefanec Gärtner, for project management of this publication. And others who we may have mistakenly omitted despite their contributions towards this edition of the Annual Review. When referencing this report, we recommend the following citation: Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe and Central Asia 2025. Brussels: ILGA-Europe
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HIGHLIGHTS AND TRENDS ACCESS TO ADEQUATE FOOD & GOODS AND SERVICES Systemic discrimination in accessing goods and services remains a persistent issue for LGBTI people across Europe, with cases reported in Andorra, Armenia, Bosnia and Herzegovina (BiH), Bulgaria, Croatia, Cyprus, and Italy. In response, civil society organisations (CSOs) have stepped in to address these gaps. Notable initiatives have been recorded in Andorra, Northern Cyprus, France, and Italy, highlighting the crucial role of grassroots efforts in challenging systemic inequalities. Positive efforts by state institutions to promote access to goods and services have also been documented in Greece, Ireland, Lithuania, Malta, and the United Kingdom. However, in seven countries across the region, legislative proposals targeting alleged ‘LGBTI propaganda’ have raised serious concerns about potential restrictions of access to fundamental goods and services for LGBTI people. Such proposals could jeopardise individuals’ access to information by, for example, banning websites dedicated to raising LGBTI awareness, or limit access to adequate support by curbing the capacities of civil society organisations working to protect and promote LGBTI rights.
ASYLUM With governments across Europe limiting support and protections for asylum seekers and refugees, LGBTI asylum seekers are often left without adequate support, safe accommodation, and proper assessment of their asylum claims. Reports of such challenges have emerged from countries including Austria, Belgium, Bulgaria, Iceland, Italy, Lithuania, Luxembourg, Malta, and the Netherlands. In Germany, Ireland, Latvia, Moldova, Sweden, Switzerland, and the United Kingdom, numerous cases have been documented where LGBTI asylum seekers had their appeals rejected as the assessments relied on inaccurate and unenforceable metrics that reduce sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) to quantifiable data, failing to capture their complex and personal nature. This troubling pattern has been recorded in both Germany and Ireland, where several LGBTI asylum seekers from Ghana were denied asylum and international protection despite facing significant threats to their lives. In one such case in Ireland, a Ghanaian national who claimed persecution due to his sexual orientation had his application rejected as the tribunal questioned the credibility of his account, highlighting inconsistencies in his narrative and arguing that it lacked emotional depth, failing to reflect what they considered the ‘typical’ experiences of such a personal journey.
Meanwhile, in the context of Russia’s recent wave of harsh anti-LGBTI laws, activists and LGBTI people are fleeing the country, yet challenges with their asylum requests have been reported in Finland, Moldova, and Sweden. However, in Italy, Montenegro, Slovenia, and Latvia, local courts stood firm against the challenges of asylum procedures for LGBTI asylum seekers. Notably, in Latvia, an administrative court overruled the position of the Office of Citizenship and Migration Affairs, granting asylum to an LGBTI applicant who had initially been denied on the basis of the alleged lack of credibility of his claims.
BIAS-MOTIVATED SPEECH Hate speech targeting LGBTI people has become increasingly normalised, often fuelled by public figures and state institutions. This has led to policies and legislation that further restrict or limit the fundamental freedoms of LGBTI people (see also under Freedom of Expression; Foreign Policy; and Health). This trend has been consistently observed across the region, with only 12 countries reporting no such incidents. In Albania and Italy, conservative coalitions are perpetuating harmful narratives, accusing the LGBTI community of undermining family values and destabilising society. Similarly, in Belgium, Bosnia and Herzegovina, Czechia, Moldova, and Romania, several instances have been recorded where conservative groups have weaponized discriminatory narratives against LGBTI people during election periods. Despite these challenges, efforts to combat hate speech have gained momentum. Civil society organisations and state bodies in Latvia, Moldova, Spain, and Romania are increasingly addressing the issue through regulatory frameworks and judicial action.
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BIAS-MOTIVATED VIOLENCE Bias-motivated violence against LGBTI people remains alarmingly on a steep increase across Europe, with incidents reported in the vast majority of examined countries. Throughout the year, both public and private authorities in Finland, Germany, The Netherlands, Norway, and Portugal have released reports highlighting a significant increase in crimes motivated by perceived sexual orientation, gender identity, and/or gender expression. Furthermore, in Belgium, France, and Moldova, attacks on LGBTI people are increasingly documented, particularly in urban areas where visibility is higher. An extremely worrying trend has also emerged in Belgium, Croatia, France, and Turkmenistan, where perpetrators use fake profiles on popular dating apps to lure victims into ambushes. In Turkmenistan, authorities have gone further, using these apps to entrap LGBTI people and coerce them into providing information about others within the community.
EDUCATION LGBTI people face significant discrimination and hostility in educational settings across Europe, with challenges reported in Albania, Armenia, Denmark, France, Italy, and Spain. In seven countries across the region, ‘anti-propaganda’ laws have been increasingly weaponised, restricting or entirely preventing the inclusion of LGBTI issues in educational curricula and awareness-raising initiatives. In addition, attempts to introduce legislation excluding LGBTI topics from sex education were recorded in Bulgaria, Hungary, Italy, the Netherlands, Luxembourg, Norway, Romania, Russia, Slovakia, and Turkey, with Turkish authorities going as far as removing references to “gender, sexual orientation, and ethnicity,” from their Physician’s Oaths. Nonetheless, there has been progress in the inclusion of sexual orientation and gender identity (SOGI) in educational programmes in Czechia, Serbia, Slovenia, and Switzerland.
EMPLOYMENT Discrimination in employment continues to pose significant challenges for LGBTI people across Europe. This is being reported in many countries, where many LGBTI employees conceal their identities at work to avoid prejudice, with little to no recourse for addressing workplace discrimination. Broader labor market discrimination is reported in Albania, Andorra, Georgia, Montenegro, Romania, and Russia, where systemic barriers persist. However, positive developments have emerged in countries such as Germany and Luxembourg, that have made meaningful strides in enforcing workplace protections and fostering inclusive policies. In Luxembourg, civil society organisations have played a pivotal role by developing a guide to improve understanding and communication between trans employees and their employers, helping to bridge gaps and promote equality.
EQUALITY AND NON-DISCRIMINATION Equality and anti-discrimination protections for LGBTI people vary widely across Europe. Despite these disparities, there has been notable progress in strengthening institutional commitments to LGBTI equality. Countries such as Belgium, Denmark, Luxembourg, Poland, Portugal, and Sweden have implemented more comprehensive approaches through the development of LGBTI action plans and policies aimed at addressing legislative gaps. However, the effectiveness of anti-discrimination laws is often hindered by gaps in enforcement and prevailing societal attitudes. These barriers leave many LGBTI people without full access to legal protections or equal opportunities, underscoring the need for stronger implementation measures to ensure genuine equality. Moreover, the introduction of legislative proposals targeting alleged ‘LGBTI propaganda’ in seven countries across the region has further intensified these critical challenges. Proposed measures such as imposing administrative and criminal penalties on individuals advocating for LGBTI rights, creating governmental databases to identify and classify LGBTI people, and establishing monitoring systems to scrutinise the international connections of NGOs underscore alarming threats to fundamental freedoms. Back to index <-->
FAMILY The legal acknowledgment of same-sex relationships and family rights remains highly inconsistent across Europe. This year, progress has been noted in some countries. In Albania, the first strategic litigation case for the legal recognition of a lesbian couple was filed in 2024, seeking marriage rights through the Civil Registry Office. In Kosovo, Prime Minister Albin Kurti announced plans to introduce legislation on same-sex partnerships as part of the country’s bid to join the Council of Europe. Latvia also marked a milestone with the registration of its first same-sex couple under its new civil union law. However, efforts to advance same-sex marriage rights have faced resistance in several countries. In Latvia and Romania, attempts to legalise same-sex marriage were blocked by political opposing forces. In more alarming developments, Kyrgyzstan and Turkey implemented legal reforms aimed at codifying LGBTI-phobic interpretations of family structures into their legislative frameworks, signaling a troubling entrenchment of discriminatory ideologies.
FREEDOM OF ASSEMBLY While attacks on LGBTI Pride marches are increasing, the number of these marches is also growing, highlighting a stark contrast between rising hostility and a surge in LGBTI activism. Despite at least eight attacks being recorded across the region throughout the year, and counter-demonstrations taking place in countries such as Bulgaria, Germany, Greece, Hungary, Moldova, Serbia, and Switzerland, 2024 saw a significant rise in such events. Cities like Pula (Croatia) and Kyiv (Ukraine) hosted their first Pride marches, underscoring the continued expansion of LGBTI visibility and advocacy across the region. Despite facing bans, attacks, mass detentions, police obstruction, and targeted opposition, Turkish activists, community members, and allies continued to demonstrate resilience by organising and participating in Pride events across the country.
FREEDOM OF ASSOCIATION AND EXPRESSION The ability of LGBTI organisations to operate freely and of LGBTI people to express their views varies significantly across Europe, reflecting differing levels of support and acceptance for LGBTI advocacy. A notable trend is the adoption of foreign agents laws modeled after Russia’s law, which increasingly stigmatise and suppress LGBTI organisations. In Bulgaria, Georgia, Hungary, Kyrgyzstan, and Montenegro, proposed foreign agents laws pose a direct threat to civil society by labeling organisations that receive foreign funding as foreign-influenced, effectively targeting those advocating for LGBTI rights. The European Union took a stance against such measures. In April 2024, the European Parliament adopted a resolution condemning Georgia’s proposed ‘foreign agent’ law, warning of its dangers to civil society and LGBTI advocacy. The EU’s annual Enlargement Package also raised concerns over the Georgian government’s democratic backsliding and its impact on human rights defenders, including LGBTI groups. Meanwhile, the European Commission took legal action against Hungary’s so-called ‘Child Protection Act’, arguing before the Court of Justice of the European Union that it violates EU laws by restricting LGBTI content in education and media.
Eleven Member States intervened in support of the Commission’s case, highlighting widespread EU opposition to the law and its broader implications for fundamental rights. Additionally, the European Commission questioned Bulgaria’s 2024 law banning “LGBTQ+ propaganda” in schools and is currently assessing whether it breaches EU principles of equality and non-discrimination, with potential infringement proceedings under consideration. Alongside these developments, restrictions on freedom of expression have intensified in several countries. In Hungary, further legislative bans have been imposed on educational materials and media content related to LGBTI identities, effectively erasing representation under the guise of child protection. Similar rhetoric has been used to justify censorship measures elsewhere, contributing to an increasingly hostile environment for LGBTI voices in public discourse. However, positive developments have also been recorded where freedom of expression was upheld. For instance, in Poland, the Supreme Court dismissed cassation appeals in cases involving activists accused of offending religious feelings by using rainbow-halo images of the Virgin Mary, reinforcing the principle that such symbolic expressions are protected under the right to free speech.
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HEALTH Across the region, one of the most significant challenges LGBTI people face is limited access to trans-specific healthcare. Issues related to this type of care have been reported in Andorra, Georgia, Hungary, Ireland, Moldova, Romania, Russia, and the United Kingdom. In many of these countries, legislation that ensures access to genderaffirming care for both minors and adults is either lacking or actively being restricted. Indeed, following the publication of the Independent Review of Gender Identity Services for Children and Young People (commonly, the Cass Review), attempts to introduce legislation aiming to restrict the access of minors to trans-specific healthcare has been recorded in Austria, France, Ireland, Poland, and the United Kingdom, with varying degrees of success. However, positive developments have been noted in some countries. In Albania, Belgium, Bosnia and Herzegovina (BiH), Czechia, Kyrgyzstan, and Malta, protocols are increasingly being developed to support trans and non-binary patients, marking progress in improving access to trans-specific healthcare and healthcare services for gender-diverse people. Furthermore, total or partial bans on blood donations from LGBTI people were lifted in Czechia, Estonia, and Iceland.
BODILY INTEGRITY Bodily integrity is frequently compromised for LGBTI people due to inadequate healthcare or exposure to harmful medical practices. In countries such as Iceland and Portugal, significant progress has been made with the enactment of legislation banning conversion practices. However, reports of such practices continue to surface in countries like Albania, Armenia, Czechia, Greece, Kazakhstan, and Romania. In addition, persistent issues related to the imposition of ‘intersex genital mutilation’ (IGM) have been recorded across the region. In Denmark, the Committee Against Torture (CAT) has expressed concern over the continued use of unnecessary and irreversible surgeries on intersex children, performed without their consent. Similarly, in Austria, IGM remains a concern, with more than 1,000 intersex children expected to undergo surgeries annually. In Romania, corrective surgeries on intersex children are still present, with no regulations in place to prohibit such interventions. At the European level, efforts to combat harmful medical practices continued. The Council of Europe’s Steering Committee on Anti-discrimination, Diversity, and Inclusion (CDADI) advanced work on a draft Recommendation on the rights of intersex people, addressing concerns around non-consensual medical interventions.
Meanwhile, the PACE Equality and Non-discrimination Committee held hearings on banning conversion practices, reinforcing the growing European consensus that such practices violate fundamental rights. The European Commission has also continued to urge Member States to take action against harmful practices affecting LGBTI people, including conversion therapy and IGM, as part of the EU LGBTIQ Equality Strategy.
FOREIGN POLICY European countries have demonstrated varying levels of commitment to incorporating LGBTI rights into their international relations, with some taking active steps to promote these rights, while others have shown resistance or reluctance. While Spain and Germany stand out for their proactive approaches to LGBTI advocacy, by increasing funding for LGBTIrelated projects and passing legislation aimed at prosecuting international crimes against LGBTI people, other actors have lagged behind. In June, Italy refused to support a European Union letter condemning LGBTI discrimination in Hungary, despite it being backed by 37 diplomatic representatives. Additionally, the final communique of the G7 summit, hosted by Italy, diluted its commitment to LGBTI rights, highlighting the country’s reluctance to take a firm stand on certain LGBTI-related issues.
HUMAN RIGHTS DEFENDERS & FREEDOM FROM TORTURE, CRUEL, INHUMAN, OR DEGRADING TREATMENT Across the region, freedom from torture, cruel, inhuman, or degrading treatment continues to be a significant concern for LGBTI people, with numerous reports of abuses recorded in Armenia, Belarus, Poland, Russia, Tajikistan, Turkey, and
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Turkmenistan. For instance, in Turkmenistan, LGBTI people face serious violations at the hands of law enforcement, including torture and extortion, often aimed at forcing confessions or revealing their sexual orientation and gender identity. Similarly, in Belarus, trans activists have reported severe mistreatment, such as beatings and the use of stun guns upon arrest and during detention, with some coerced into making false confessions. Human rights defenders advocating for LGBTI rights face some of the highest risks, including intimidation, harassment, and violence. In Georgia, the introduction of the “Transparency of Foreign Influence” law has empowered authorities to take direct action against non-compliant organisations, often employing tactics of intimidation and harassment. In Montenegro, LGBTI human rights defenders have been targeted with death threats, yet many are reluctant to report such threats due to a lack of trust in authorities’ ability to offer protection. In Turkey, LGBTI rights activists continue to endure police repression, including arrests and the disruption of Pride events. The harassment is further exacerbated by legal restrictions on freedom of assembly, which severely limit their ability to organise and advocate for LGBTI rights.
Overall, human rights defenders have been under attack in several countries, including Albania, Andorra, Belarus, BiH, Romania, Russia, Tajikistan, and Turkmenistan, reflecting a widespread pattern of repression against those working to advance LGBTI rights. The combination of increasing public scrutiny and impunity for attacks has placed LGBTI human rights defenders at greater risk. A lack of accountability encourages further harassment and violence, forcing many into increasingly unsafe conditions.
HOUSING The housing access for LGBTI people, especially trans people, continues to present significant challenges across Europe. Rising rents and the broader housing crisis have made it increasingly difficult for young LGBTI people, particularly those rejected by their families due to their gender identity, to secure stable housing. In Albania, BiH, Italy, and Malta, while progress has been made through the adoption of legislation recognising sexual orientation and gender identity as eligibility criteria for social housing, and the creation of shelters and welcome centers, housing remains a challenge for vulnerable LGBTI people. Similar issues have been recorded in Hungary, Lithuania, Romania, and Turkey, where LGBTI people face significant barriers to securing safe and stable housing.
LEGAL GENDER RECOGNITION While some countries in the region have made strides toward greater accessibility and inclusivity, others continue to maintain restrictive practices or have even rolled back their legislation on gender recognition. Countries such as Germany and Sweden have experienced a progressive shift towards more inclusive mechanisms for legal gender recognition based on self-determination rather than medical diagnoses. However, in countries such as Italy, Lithuania, Montenegro, and the Netherlands, procedural obstacles persist. For example, while Montenegro has made some progress by introducing a draft law that would allow legal gender recognition based on self-determination, the requirement for sterilisation remains a significant barrier for trans people seeking to amend their gender marker. In other countries, legal gender recognition processes have become increasingly difficult. Hardships have been recorded in Belarus, BiH, Bulgaria, Georgia, Hungary, Kazakhstan, Slovakia, and Uzbekistan, where restrictive practices continue to undermine the rights of transgender people seeking legal recognition of their gender identity. Following publication of the UK Cass Review, efforts to restrict trans healthcare for minors have emerged in Austria, France, Ireland, Poland, and the UK.
SEXUAL AND REPRODUCTIVE RIGHTS The region has witnessed mixed developments in sexual and reproductive rights, with both progress and setbacks. In Slovenia, a positive development occurred when the Constitutional Court ruled that restricting access to biomedicalassisted reproduction to only heterosexual couples and single women was unconstitutional. In Montenegro, a discriminatory restriction that prevented LBTQ women from accessing reproductive treatments was lifted after
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the Ombudsperson’s decision on discrimination. France also made significant strides, with the French Congress constitutionalising the right for women to have a voluntary termination of pregnancy and clarifying that this right must also extend to any person who has started a pregnancy, including trans men. However, challenges remain. In Albania, a new draft law on sexual and reproductive health has faced criticism for restricting access to Reproductive Medicine and Assistance (RMA) to heterosexual couples and single women and limiting surrogacy to married heterosexual couples who cannot conceive naturally. Additionally, in Italy, the Prime Minister condemned surrogate parenthood as “inhuman,” leading to the adoption of a law that places surrogacy under Italy’s list of crimes covered by universal jurisdiction.
PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE The analysis of public, cultural, and political life across the region revealed positive developments in countries like Denmark, Estonia, Lithuania, Luxembourg, Portugal, and Sweden, which have launched new LGBTI action plans aimed at improving representation and inclusion. France, the host of the 2024 Olympics, also showcased LGBTI identities in both its opening and closing ceremonies. While this move earned widespread praise, it also provoked considerable backlash, with conservative sectors of society and politics voicing hate and threats. Political hostility toward LGBTI people has intensified in countries like Azerbaijan, Hungary, Montenegro, Russia, Turkey, Uzbekistan, and Slovakia. This hostility is exemplified by actions such as the Slovakian Ministry of Culture’s decision to cut funding for LGBTI initiatives and the removal of a gay diplomat from his UN post in 2024.
PUBLIC OPINION Public opinion on LGBTI issues across the region presents a complex and varied landscape, with notable progress reported in three countries, while attitudes have worsened in four others. In Ukraine, there has been a notable increase in support for LGBTI rights, with recent surveys revealing that 70.4% of Ukrainians back equal rights for LGBTI people, and younger generations show greater openness toward LGBTI communities. This mirrors a broader trend of shifting attitudes in some parts of the region, where public opinion on LGBTI issues has become more favorable, especially among younger, educated populations, as seen in countries like Bulgaria, Croatia, Estonia, and Hungary. However, in other countries such as Georgia, Cyprus, Kazakhstan, Montenegro, and Romania, progress has been slower, with LGBTI issues remaining more polarised. For example, research in Moldova found that only 9% of respondents held a positive view of LGBTI people.
POLICE AND LAW ENFORCEMENT The treatment of LGBTI people by police and law enforcement across the region varies significantly, with significant instances of discrimination and abuse recorded in countries such as Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkey, and Turkmenistan. In many of these countries, law enforcement remained a major source of harassment for LGBTI people. Police raids on private homes and businesses, particularly targeting sex workers and LGBTI community members, are routinely reported. These raids often involve severe physical abuse, including forced medical examinations, as well as extortion for money or information from victims. In Russia, the criminalisation of LGBTI identities has fuelled widespread discriminatory practices by law enforcement. Police have documented exploiting the vulnerability of LGBTI people for personal gain, including extortion, intimidation, and sexual violence. Furthermore, police raids on LGBTI spaces are used to enforce the criminalisation of the LGBTI movement as extremist. These abuses are compounded by systemic failures of the law enforcement system, including arbitrary detentions and the seizure of people. In contrast, some countries have made positive strides in improving police conduct toward the LGBTI community.
In Ukraine for instance, the National Police has collaborated with human rights organisations to foster more inclusive policing practices and combat hate crimes, marking a significant move toward more inclusive and supportive law enforcement. Back to index <-->
ANNUAL REVIEW OF THE HUMAN RIGHTS SITUATION OF LESBIAN, GAY, BISEXUAL, TRANS, AND INTERSEX PEOPLE COVERING THE PERIOD OF JANUARY TO DECEMBER 2024
EUROPEAN UNION ACCESS TO GOODS AND SERVICES In July, the Advocate General (AG) of the CJEU issued an opinion in the Mousse (C-394/23) case, stating that it is not “necessary” under the EU’s General Data Protection Regulation (GDPR), and that it is therefore unlawful for the French national rail service, SNCF, to force customers to choose between the civil titles “Mr” or “Ms” when purchasing train tickets. The AG also stated that processing data on civil titles creates a risk of discrimination on the grounds of gender identity for trans and nonbinary people.
ASYLUM In May, the European Parliament and the Council formally adopted the new Pact on Migration and Asylum. Among other obligations for Member States, the Pact addresses the need to protect fundamental rights of vulnerable groups, such as LGBTI asylum seekers, through screening procedures with preliminary vulnerability checks and strengthened safeguards in the Reception Conditions Directive. In June, the European Union Agency for Asylum (EUAA) published a report on Asylum, presenting a comprehensive overview of key developments in asylum in 2023. It highlights practical steps to implement such safeguards, including improved country of origin information related to SOGIESC-based persecution and specialised training for national authorities to handle LGBTI cases with sensitivity and fairness.
BIAS-MOTIVATED SPEECH In February, the European Parliament adopted a resolution addressing the overall rise in hate speech and hate crimes across the EU, with particular attention to vulnerable groups, including LGBTI people. The resolution highlighted the significant impact of hate speech on LGBTI individuals, especially trans and intersex persons, and called for harmonised EU-wide measures to combat such bias-motivated attacks. It also urged Member States to strengthen legal frameworks and enhance protections for all communities affected by hate speech and hate crime. In June, the European Union adopted the EU AI Act, establishing a pioneering framework for AI regulation. It began to enter into force gradually, categorising AI into high-risk, unacceptable risk, and general-purpose AI models. The Act includes provisions to prevent AI systems from being used in ways that could lead to discrimination or the spread of hate speech, and protect vulnerable people from AI-driven biases. On the 27 November, the European Parliament held a plenary debate on anti-LGBTI legislation and the need for protecting a discrimination-free EU.
During the debate there were a number of instances of discriminatory speech from some MEPs which were largely condemned by the debate’s Chair, who also stated they would investigate the respective MEPs for lack of compliance with the Parliament’s Standards of Conduct.
BIAS-MOTIVATED VIOLENCE In May, the European Parliament and the Council adopted the Directive on combating violence against women and domestic violence. The Directive establishes the obligation for the Member States to pay due regard to intersectional discrimination, specifically mentioning sexual orientation, recognising a heightened risk of gender-based violence for victims of such discrimination, as well as establishing the intention to punish the victim for their sexual orientation and gender among grounds of aggravating circumstances. It recognises specific protection and support that lesbian, gay, bisexual, trans or intersex people should receive, as well as preventive measures that the States should focus on to protect them.
EQUALITY AND NON-DISCRIMINATION In May, the European Parliamentary Research Service published a briefing on the implementation of the 2020-2025 EU LGBTIQ Equality Strategy. The briefing expressed concern over persistent discrimination and violence, highlighting issues such as gaps in family recognition and legal protections across Member States. It urged further action to address these disparities,
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particularly through strengthened anti-discrimination frameworks and better data collection to inform policy changes. The European Parliament adopted a resolution on the implementation of the Strategy in February. In August, Bulgaria passed a law banning “LGBTQ+ propaganda and promotion” in schools, prompting significant public outrage and protests. The European Commission responded by requesting clarification from Bulgaria regarding the legislation’s compliance with EU principles of equality and non-discrimination. Equality Commissioner Helena Dalli emphasised the EU’s commitment to combating discrimination as outlined in the LGBTIQ Equality Strategy, while the European Parliament’s LGBTI Intergroup called for decisive action, describing the law as a direct assault on the LGBTIQ+ community. The Commission is currently assessing whether the law violates EU standards, with potential infringement procedures being considered.
FAMILY In 2024, the Council of the EU continued negotiations on the draft regulation for the cross-border recognition of parenthood, which had been supported by the European Parliament’s non-binding position in December 2023, including a policy debate among Ministers in June. While no final agreement was reached by the end of 2024, the regulation remains a critical step towards ensuring that parenthood established in one Member State is recognised across the EU. Once adopted, this regulation will provide essential protections for rainbow families, safeguarding children’s rights to healthcare, education, and free movement, and addressing inconsistencies that continue to create significant challenges for LGBTI families across the Union. In December, the Court of Justice of the EU held a hearing in Wojewoda Mazowiecki (C-713/23), challenging Poland’s refusal to recognise a same-sex marriage certificate from Germany. The case could establish a key precedent for the freedom of movement and legal recognition of same-sex couples in Member States lacking legal frameworks for such unions. The Advocate General’s opinion on the case is expected in April 2025.
FREEDOM OF EXPRESSION In November, the Court of Justice of the EU (CJEU) held a hearing in the infringement case C-769/22, initiated by the European Commission over Hungary’s anti-LGBTI legislation introduced in 2021 and censoring inclusive sex education, equating LGBTI “lifestyles” to paedophilia, blocking adoption for LGBTI couples and restricting content in media and advertising. Eleven Member States intervened at the hearing in support of the Commission’s position that Hungary has seriously and blatantly violated core EU values and other EU law provisions by passing legislation that stigmatises the LGBTI community under the guise of “child protection”. The Advocate General of the CJEU is expected to deliver her opinion on the case on 5 June 2025.
DATA COLLECTION In May, the European Union Agency for Fundamental Rights (FRA) published its third LGBTIQ survey, which revealed that while discrimination against LGBTIQ people has decreased slightly since 2019, violence and harassment have sharply increased, particularly against trans and intersex individuals. The survey highlighted alarming rates of bullying in schools, with two-thirds of respondents reporting harassment during their education, and found that over half of respondents faced harassment in daily life, reflecting persistent challenges despite some progress. Almost two-thirds of survey respondents (63%) said that they often or always encounter online statements calling for violence against LGBTIQ people, references to ‘LGBTIQ propaganda’ or ‘gender ideology’, references to LGBTIQ people posing a sexual threat or a threat to ‘traditional values’, considering LGBTIQ people to be ‘unnatural’ or mentally ill, and other forms of hatred.
FOREIGN POLICY In November 2024 the European Commission published its annual Enlargement Package. Following the 26 October elections in Georgia, the ruling party decided to suspend EU accession negotiations until 2028. There have been large protests in response to both this decision, the disputed election results and the ongoing crackdown on opposition, civil society and human rights defenders, including LGBTI. As Montenegro starts to close chapters of its accession negotiations, the EU insists on the implementation of European court judgements, including the case law of the ECtHR, which is particularly relevant as regards standards for legal gender recognition and equality for rainbow families.
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INSTITUTIONAL SUPPORT In May, the European Parliament’s LGBTI Intergroup published five briefings summarising its work from 2019 to 2024. The briefings highlighted key achievements, including advancing LGBTI rights within the EU, addressing discrimination, and advocating for equality globally. They also outlined priorities for the next legislative term, reinforcing the Intergroup’s role as a critical driver of institutional support for the LGBTIQ+ Equality Strategy and related initiatives. On IDAHOBIT, the Belgian presidency of the EU Council organised an international conference on LGBTI equality in Brussels. During the event, Member States signed a declaration committing to respect, implement, and defend the human rights of LGBTI people. This declaration reaffirmed their dedication to building an ‘Equality Union’ and advancing equality across the European Union.
HUMAN RIGHTS DEFENDERS In February, the European Parliament adopted the anti-SLAPP Directive which sets minimum standards for protecting public watchdogs against abusive litigation in the form of SLAPPs (Strategic Lawsuits Against Public Participation). The Council adopted it in March, and now Member States are transposing the Directive into national legislation. The Coalition Against SLAPPs in Europe (CASE), of which ILGA-Europe is a member, is now working at national level to ensure effective transposition of the Directive and further recommended measures. In July, the European Commission published its annual rule of law report, for the first time including accession countries Albania, Montenegro, North Macedonia and Serbia.
LEGAL GENDER RECOGNITION In September, the Advocate General of the CJEU issued an opinion in the Deldits (C-247/23) case, urging Hungary to correct the gender marker of a trans refugee in its asylum registry under the EU’s General Data Protection Regulation (GDPR). The opinion clarified that proof of surgical intervention cannot be required to rectify gender markers in national registries. A final CJEU decision is expected in 2025, potentially influencing legal gender recognition policies across the EU. In October, the CJEU ruled in case C-4/23 Mirin that Romania must recognise the gender and name changes of a BritishRomanian trans man who obtained legal gender recognition in the UK. The Court affirmed that refusing such recognition violates EU principles of free movement and right to private and family life, setting a precedent for mutual recognition of legal gender recognition decisions across Member States.
PARTICIPATION IN PUBLIC, CULTURAL, AND POLITICAL LIFE In June, elections for the European Parliament resulted in the selection of 705 MEPs for the 2024–2029 term. 164 MEPs, comprising nearly a quarter of the new Parliament, signed ILGA-Europe’s pledge to protect LGBTI rights, committing to advancing equality and combating discrimination across the EU.
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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
COUNCIL OF EUROPE In January, the new Expert Committee on SOGIESC (ADI-SOGIESC), housed in the Steering Committee on Anti-discrimination, Diversity, and Inclusion (CDADI), formally started its work; this new structure represented a significant increase in the budget from the Council of Europe dedicated to work focused on LGBTI issues. ADI-SOGIESC held its first meeting on 14 May in The Hague, a joint meeting with the European LGBTI Focal Points Network and the EU LGBTIQ Equality Subgroup on 16 May in The Hague, and its second meeting on 29-30 October in Strasbourg. In January, the Parliamentary Assembly of the Council of Europe (PACE) elected Michael O’Flaherty to a six-year term as the new Commissioner for Human Rights (Commissioner); he took office on 01 April, succeeding Dunja Mijatović in the role. In March, Béatrice Fresko-Rolfo of Monaco was appointed General Rapporteur on the rights of LGBTI people in PACE (PACE General Rapporteur). During 2024, ADI-SOGIESC conducted a review of the implementation of the Committee of Ministers Recommendation (2010)5 on the rights of LGBT people (CM/Rec(2010)5), collecting input from member States and civil society about the state of play in Council of Europe States. For the first time, optional questions on gender expression and sex characteristics were included in the review.
ASYLUM AND MIGRATION In June, PACE adopted a report on human-rights compliant asylum procedures with specific mention of asylum-seekers experiencing systemic marginalisation, including LGBTI asylum-seekers. The European Commission against Racism and Intolerance (ECRI) recommended that Malta improve access to information on asylum on SOGIESC grounds. On 12 November, the European Court of Human Rights ruled in M.I. v. Switzerland that the rejection of a gay man’s asylum application and his expulsion to Iran would expose him to a risk of ill-treatment contrary to ECHR Article 3. The Court rejected the views of the authorities that the applicant could continue to live his private life in ‘a discreet manner’ upon his return.
BIAS-MOTIVATED SPEECH The Council of Europe project “Combating hate speech in sport” held a meeting on 18-19 January in Madrid to discuss the future Strategy for Combating Hate Speech in Sport and the Action Plan for Spain 2024-2026, and included participation from LGBTI sports organisations. ECRI recommended that Andorra work to combat online hate speech, including against LGBTI persons; that Estonia protect the ground of gender identity; that San Marino protect the grounds of gender identity and sex characteristics in hate speech legislation; and that Serbia conduct a comprehensive study on hate speech, including targeting LGBTI persons.
BIAS-MOTIVATED VIOLENCE During the year, the European Court of Human Rights delivered a number of judgments reiterating Council of Europe States’ positive obligation under ECHR Articles 3 (prohibition of torture and ill-treatment), 8 (right to private and family life) and 14 (prohibition of discrimination) to effectively protect LGBTI people from hate crime. On 11 April, the Court ruled in Karter v. Ukraine that Ukraine violated ECHR Articles 3 and 14 by failing to effectively investigate two verbal and physical attacks of the applicant, involving homophobic slurs. On 18 July, the Court ruled in Hanovs v. Latvia that Latvia violated ECHR Articles 3 and 8 taken in conjunction with Article 14 by failing to effectively investigate and punish a homophobic attack. The Court emphasised that this fostered a sense of impunity for hate-motivated offences and normalise hostility towards LGBTI people. On 3 December, the Court ruled in Yevstifeyev and Others v Russia that Russia violated ECHR Article 8 together with Article 14 for failing to respond adequately to verbal assault and physical threats motivated by homophobia against the applicants.
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In July, ECRI recommended Bosnia and Herzegovina fully investigate the violence against LGBTI persons which took place in Banja Luka in March 2023. On 3 October, PACE adopted a report and resolution on Preventing and combating violence and discrimination against lesbian, bisexual and queer women in Europe, the first LBQ-focused resolution to be considered by the Assembly. The Council of Europe co-organised a regional conference, together with the EU, on 5 to 7 November in Sarajevo titled “Spaces and services to protect LGBTI communities”, which focused on safety and security of LGBTI people and countering anti-rights actors in the region. On 4 December, ADI-SOGIESC and the Parliamentary Platform for the Rights of LGBTI People of the Parliamentary Assembly held a joint event titled “Conference on Violence and Discrimination against LBQ Women in Europe and Actions to Protect their Rights”, focused on the rights of LBQ women, with interventions from the PACE Secretary General, the Commissioner, and the PACE General Rapporteur.
BODILY INTEGRITY The Steering Committee on Anti-discrimination, Diversity, and Inclusion (CDADI) continued its work to develop a draft Committee of Ministers Recommendation on the equality of rights of intersex people, with the Drafting Group meeting on 2122 March and 3-4 September. On 5 December, the Equality and Non-discrimination Committee of PACE held a hearing for the report in development titled For a ban on so-called conversion therapies in Paris. ECRI recommended that Malta increase support to intersex persons and their families and provide appropriate training to healthcare professionals.
EDUCATION In March, the European Commission against Racism and Intolerance (ECRI) released a factsheet on combating racism and intolerance in and through education, which specifically mentions the need to address anti-LGBTI bullying in schools and to provide students with all necessary information to live according to their SOGI. In August, ECRI recommended that San Marino and Serbia work to increase access to information on LGBTI issues and tackle anti-LGBTI bullying and harassment in schools, respectively.
EMPLOYMENT On 7 May, the European Court of Human Rights ruled in A.K. v. Russia that a teacher’s dismissal from her teaching position on the sole basis of her sexual orientation violated her right to private life and was discriminatory.
EQUALITY AND NON-DISCRIMINATION At the January session of PACE, 20 members signed a written declaration encouraging the government of Armenia to ensure that LGBTI people are protected in their forthcoming anti-discrimination legislation. In March, the Council of Europe adopted its next Gender Equality Strategy 2024-2029, which includes a strong elaboration of whom the Strategy is targeted to protect, including LGBTI people and LBTI women specifically, as well as the first-ever paragraph on GBTI men. On 03 December, ADI-SOGIESC held an expert meeting to discuss the development of a study on gender expression as a protected ground.
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FAMILY On 17 February, the CHR wrote on X, welcoming the adoption of marriage equality in Greece. ECRI recommended that Andorra and Bosnia and Herzegovina create a legal framework for the recognition of same-sex relationships. On 11 July, the European Court of Human Rights ruled in Savinovskikh and Others v. Russia that Russia violated the right to private and family life of a trans man and his two foster children by terminating the foster care agreement on grounds of his gender identity and transition. On 19 September, the European Court of Human Rights ruled in Formela and Others v. Poland that Poland violated the right to respect for family life of same-sex couples by refusing to register their marriages contracted abroad. This judgment confirmed the obligation on all CoE Member States to establish a legal framework providing for the recognition and protection of samesex unions.
FREEDOM OF EXPRESSION, ASSEMBLY, AND ASSOCIATION The President of PACE, on 16 April, requested an opinion from the European Commission for Democracy through Law (Venice Commission) on the compliance with Council of Europe standards of the Georgian draft law on Transparency of Foreign Influence. On 17 May, the Commissioner issued a statement highlighting that Georgia’s new foreign agent law was likely to target LGBTI NGOs first, amid a rise in violence and discrimination against LGBTI people across Europe. On 21 May, the Venice Commission issued an urgent opinion, strongly recommending repeal of the law. On 17 April, PACE adopted a broad resolution on freedom of assembly and expression of LGBTI people, which also calls for Council of Europe Member States to ban conversion practices, repeal “anti-propaganda” laws, combat SLAPPs, protect Pride marches and LGBTI demonstrations, combat hate speech and hate crimes and ensure accountability of perpetrators, support comprehensive sex education programmes, offer humanitarian visas to LGBTI activists fleeing persecution, train law enforcement to protect LGBTI communities, and guarantee access both to legal gender recognition and marriage for samesex couples.
As part of the development of this report, in January, the Commissioner and the PACE General Rapporteur on the rights of LGBTI people had an exchange of views on freedom of assembly and expression for LGBTI people. On 12 August, the Commissioner wrote on X, calling on the Bulgarian parliament to not adopt a proposed anti-propaganda law targeting LGBTI issues. On 6 September, the Commissioner wrote a letter to the Chairman of the Parliament of Georgia urging the Parliament not to adopt the proposed anti-LGBTI law and to curtail anti-LGBTI rhetoric coming from members of the Parliament. In October, the Congress of Local and Regional Authorities (CLRA) adopted a declaration on the worsening situation, including specifically for LGBTI people, in Georgia.
FREEDOM FROM TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT On 25 April, the Committee for the Prevention of Torture released an extract of its 2023 Annual report focused on the protection of the rights of trans prisoners.
HEALTH In May, ECRI released a factsheet on tackling racism and intolerance in healthcare, which includes a series of LGBTI-specific recommendations, including to ensure access to trans-specific healthcare, ensure that same-sex couples do not face healthrelated problems, and to prohibit medically unnecessary treatments on intersex children. On 11 July, the European Court of Human Rights ruled in W.W. v. Poland that Poland violated the right to private life of a trans
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woman by denying her access to hormone therapy in prison. The Court found that the refusal lacked reasonable justification and failed to prioritise the applicant’s physical and mental health, emphasising the necessity of ensuring access to genderaffirming healthcare for trans individuals in detention. In September, CDADI published its third thematic review of the CM/Rec(2010)5 focused on the health of LGBTI people. On 29 August, “Empower and Embrace”, a project supported by the Council of Europe, held a training to empower mental health professionals in Bosnia and Herzegovina working with LGBTI patients.
HUMAN RIGHTS DEFENDERS On 27 March, the Commissioner released a statement condemning intimidation and harassment of LGBTI people in Georgia. On 05 April, the Committee of Ministers adopted a Recommendation on countering the use of strategic lawsuits against public participation (SLAPPs), which notes the specific risk for those marginalised based on their SOGIESC and the need for differentiated risk assessment and response.
INSTITUTIONAL SUPPORT On 15 May, to mark IDAHOT+, 32 member States signed a joint ministerial declaration calling for renewed commitment to protecting the rights of LGBTI people through Council of Europe, UN, and EU mechanisms, as well as via national level action. At the IDAHOT+ Forum, the Commissioner gave an opening keynote speech at the IDAHOT+ Forum, and Bjørn Berge, Deputy Secretary General of the Council of Europe, gave a keynote speech also during the Forum. On 17 May, the PACE General Rapporteur issued a statement to mark IDAHOT+, calling for urgent action to protect the rights of LGBTI people. The Commissioner gave a keynote speech at the closing session of the EuroPride Human Rights Conference in Thessaloniki, Greece, in June.
INTERSECTIONALITY In February, the Commissioner released a Human Rights Comment on protecting the rights of sex workers, which outlined the vital importance of decriminalisation. The comment particularly highlighted the plight of sex workers who are facing multiple or intersecting forms of discrimination such as migrants, racialised groups, trans people, and those with disabilities or long-term illnesses. The Commissioner stressed that policy measures must address the unique discrimination faced by sex workers, considering intersecting factors such as ethnic origin, gender, sexual orientation, gender identity, migration status, and/or disability. CDADI commenced a process to develop a study on the feasibility of policy and law targeting intersectional discrimination; the working group for the study met on 12 April. In September, the PACE Committee on Equality and Non-discrimination adopted a report and resolution on Protecting the human rights and improving the lives of sex workers and victims of sexual exploitation. The report received oppositional amendments upon going to plenary, and was returned to Committee for further work.
LEGAL GENDER RECOGNITION On 14 March, the Commissioner released Issue Paper on human rights and gender identity and expression, which lays out a thorough and clear explanation of the application of the human rights framework with respect to trans and non-binary people and the grounds of gender identity and expression. On 16 April, the PACE Platform on the rights of LGBTI people hosted a panel on violence and discrimination against trans people, the first panel of its kind in many years.
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During the year, the European Court of Human Rights delivered several judgments reiterating Council of Europe States’ positive obligation under ECHR Article 8 (right to private and family life) to establish a legal framework for a quick, transparent, and accessible legal gender recognition procedure. In July, the Court revised its judgment in the case of Y.T. v. Bulgaria, declaring the application inadmissible due to the applicant’s failure to inform the Court of his success in achieving LGR through another court during the case. Despite this decision, the Court reaffirmed Bulgaria’s obligation to establish a legal framework for a quick, transparent, and accessible LGR procedure, as outlined in earlier judgments. The lack of such a system remains a significant barrier for trans people in Bulgaria, where LGR has effectively been banned since 2023. In November, in E.G. and Others v. Hungary, the Court reiterated its previous rulings and ruled that Hungary did not provide quick, transparent, and accessible procedures for LGR. ECRI recommended that Bosnia and Herzegovina, Liechtenstein, and San Marino adopt LGR frameworks in line with human rights standards and that San Marino develop guidelines for the provision of trans-specific healthcare. ECRI also recommended that Andorra reform its LGR procedure to be human rights compliant.