Human rights of lesbian, gay, bisexual, transgender and Intersex persons (LGBTI)

Despite progress in many areas over the last decades, people in Europe are still stigmatised because of their actual or perceived sexual orientation or gender identity. Many lesbian, gay, bisexual, transgender and intersex (LGBTI) persons cannot fully enjoy their universal human rights. They run a risk of becoming victims of hate crime and may not receive protection when attacked in the street by fellow citizens.

Some LGBTI organisations are denied registration or are banned from organising peaceful meetings and demonstrations in Europe. Many LGBTI persons have fled to Council of Europe member states from countries where their human rights are not protected and they may even risk being tortured or executed because of their sexual orientation or gender identity.

Too few opinion leaders and leading politicians have taken a firm stand against homophobic and transphobic expressions, discrimination and violence. The Commissioner for Human Rights has therefore put the human rights of LGBTI persons and the fight against discrimination on grounds of sexual orientation and gender identity firmly on his agenda.

The Commissioner regularly raises this topic with authorities in member states, and has expressed his concerns in country monitoring reports and specific thematic publications, such as the Issue Paper on Human Rights and Gender Identity.

On 23 June 2011 the Commissioner launched a detailed report on 'Discrimination on grounds of sexual orientation and gender identity', covering all the 47 member states of the Council of Europe

Report

Discrimination on grounds of sexual orientation and gender identity in Europe (2011 - 2nd edition)

This report presents the results of the largest socio-legal study ever carried out on discrimination on grounds of sexual orientation and gender identity in the 47 member states of the Council of Europe. Six thematic chapters give a broad overview of the human rights situation of LGBT persons and recommendations are provided for developing and implementing effective measures to address discrimination.

Report available in: English | Russian 
Order the report: http://book.coe.int

Translation of selected sections of the report: Bosnian/Serbian | Croatian | Turkish
(Foreword, Introduction, Summary, Conclusions and Recommendations)

Background document to the report

Launch of the report - Speeches and Statements

- Opening speech by Thomas Hammarberg, Council of Europe Commissioner for Human Rights
- Intervention of Rt Hon Dominic Grieve, QP, MP, Attorney General for England and Wales
- Intervention of Ms Leutheusser-Schnarrenberger, Minister of Justice, Germany (forthcoming)
- Statement of Jasenko Selimovic, State Secretary, Ministry of Employment, Sweden
- Statement of Lionel Veer, Human Rights Ambassador, the Netherlands
- Statement of Morten Kjaerum, Director, European Union Agency for Fundamental Rights (FRA)
- Statement of Richard Köhler and Julia Ehrt, Vice-chairs of Transgender Europe
- Statement of Ambassador Petter F. Wille, Permanent Representative of Norway to the Council of Europe
- Statement of Jan Jarab, Regional Representative for Europe of the UN High Commissioner for Human Rights
- Statement of Helena Nygren-Krug, Health and Human Rights Adviser, World Health Organization
- Statement of Michel Pasteel, Director, Institute for the Equality of Women and Men, Belgium

A documentary on the launch of the report
See the long version (15') / short version (2')

Issue Paper

Human rights and gender identity (2009)

The challenge of protecting the human rights of everyone is to apply a consistent human rights approach and not to exclude any group of people. It is clear that many transgender persons do not fully enjoy their fundamental rights in terms of legal guarantees and in everyday life. There is a need to take a closer look at their situation.
This Issue Paper is intended to continue the debate on transgender human rights issues and make the problems encountered by transgender people known more widely.

Resources

Commissioner's contribution to the work of the Steering Committee for Human Rights (CDDH) and the European Committee on Legal Co-operation (CDCJ) in the area of LGBT human rights


Overview of Council of Europe activities in the area of LGBT human rights:
Fight against homophobia: for equality in diversity


Factsheets from the European Court of Human Rights regarding case law on:
- Homosexual rights
- Homosexuality: criminal aspects
- Transsexuals' rights

Book :
Combating discrimination on grounds of sexual orientation or gender identity - Council of Europe standards (2011)