Combating discrimination on the grounds of sexual orientation or gender identity

Themes

XI. National human rights structures

42. In cases where member states have international obligations in this respect, they should recognise that a well-founded fear of persecution based on sexual orientation or gender identity may be a valid ground for the granting of refugee status and asylum under national law.

43. Member states should ensure particularly that asylum seekers are not sent to a country where their life or freedom would be threatened or they face the risk of torture, inhuman or degrading treatment or punishment, on grounds of sexual orientation or gender identity.

44. Asylum seekers should be protected from any discriminatory policies or practices on grounds of sexual orientation or gender identity; in particular, appropriate measures should be taken to prevent risks of physical violence, including sexual abuse, verbal aggression or other forms of harassment against asylum seekers deprived of their liberty, and to ensure their access to information relevant to their particular situation.

Activities conducted within the framework of the LGBT Project

Multilateral meeting

Seminar on Data Collection and

Research

Showing the importance of data collection and research for

setting the political agenda, the policy making process and in the process of drafting laws, for both government agencies and NGOs

Serbia

LGBT Protocol

Assist the Serbian government in initiating and coordinating the preparation of an LGBT Protocol

Serbia

Path to Parliament

A tangible political agenda, working towards a well-articulated set of policy measures for the advancement of LGBT rights in Serbia

Latvia

Diversity management

Material to cover diversity management and how to work with minority groups

Latvia

Drafting a Tolerance Promotion Action Plan

Latvian conference on how to promote tolerance and respect in Latvian society, with the aim to draft a specific Tolerance Promotion Action plan 2014-2018

Albania/Italy/Montenegro/

Poland/Serbia

Training public prosecutors/judges, HELP

Participation of five partner states in the HELP online antidiscrimination course, including an LGBT module (drafted within the framework of the LGBT Project)

Albania

National litigation strategy on LGBTI issues

Workshop on reporting cases of human rights violations: basic legal concepts of the Law on Protection from Discrimination and remedies. Collecting field data and reported cases from the past

Albania/Italy/Latvia/Montenegro/

Poland/Serbia

Review legal framework

Improve legislation, in accordance with CM/Rec(2010)5, the EU acquis, and international law. Coherent publication and recommendation of all results

Italy

Legal assistance LGBT community

To produce guidelines on the legal position of LGBT persons and distribute them

Montenegro

Collection of hate crime & discrimination data

National structures and procedures for investigations into violations of LGBT Rights are reviewed and recommendations are made.