Lesbian, gay, bisexual and transgender persons still face
discrimination in Europe
Strasbourg, 23/06/11 –
“Millions of people in Europe are discriminated, stigmatised and even
victims of violence because of their actual or perceived sexual
orientation or gender identity. They cannot fully enjoy their universal
human rights. There is an urgent need for all European governments to
remedy this situation and take policy and legislative measures to combat
homophobia and transphobia”, said the Council of Europe Commissioner for
Human Rights, Thomas Hammarberg, publishing today a
report on
discrimination on grounds of sexual orientation and gender identity.
The report is the result of a two-year study carried out by the Office
of the Council of Europe Commissioner for Human Rights. It contains a
socio-legal analysis of the situation of lesbian, gay, bisexual and
transgender (LGBT) persons across member states, relying on data and
information made available by public authorities, national human rights
structures, non-governmental organisations and experts. It also builds
on research and data made available by the European Union Agency for
Fundamental Rights.
The report analyses the situation of LGBT persons in the 47 member
States of the Council of Europe as regards attitudes and perceptions
towards them, legal standards and their implementation, protection from
violence and access to asylum, freedoms of assembly, expression and
association, gender recognition and family life, and access to health
care, education and employment.
“Significant, although uneven, progress has been made over the past
decades concerning the attitudes and practices towards LGBT people. The
pathologisation and criminalisation of homosexuality in Europe clearly
belong to the past. Equal treatment legislation is beginning to
demonstrate its effects in addressing discrimination. However, serious
gaps remain, especially in relation to transgender persons.”
“In some member States, LGBT organisations have been denied registration
or are banned from organising peaceful meetings and demonstrations.
Those who have fled to Council of Europe member states from countries
where they risk being tortured or executed because of their sexual
orientation or gender identity face serious obstacles in the process of
being granted asylum. Inflammatory and aggressive discourse, held by
opinion shapers, religious leaders, politicians and state authorities
are frequent. It is also of particular concern that such discourse
rarely receives official condemnation and that only very few member
states recognise homophobic or transphobic violence in their hate crime
legislation.”
The report also underlines specific problems faced by transgender
persons, such as the lack of legislation regulating the recognition of
gender reassignment, the requirement for transgender persons to undergo
surgery leading to infertility or the obligation to be unmarried or
divorced in order to be legally recognised.
“There is considerable resistance among many people, including political
leaders, to discuss the full enjoyment of universal human rights by LGBT
persons. Even if this may not be a popular human rights topic, the time
has now come to take the discussion forward and make it concrete.
Converging efforts by the Council of Europe, the European Union, the
OSCE and the UN are essential for ensuring the full enjoyment of
universal rights by LGBT persons everywhere.”
More information on the Commissioner’s work on the protection and
promotion of the human rights of LGBT persons is available on his
thematic page.
Read the report on discrimination on grounds of sexual
orientation and gender identity
Press contact in the Commissioner’s Office:
Stefano Montanari, +33 (0)6 61 14 70 37;
stefano.montanari@coe.int Keep up to date with the Commissioner on
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