Themes

I. Right to life, security and protection from violence

A. “Hate crimes” and other hate-motivated incidents

1. Member states should ensure effective, prompt and impartial investigations into alleged cases of crimes and other incidents, where the sexual orientation or gender identity of the victim is reasonably suspected to have constituted a motive for the perpetrator; they should further ensure that particular attention is paid to the investigation of such crimes and incidents when allegedly committed by law enforcement officials or by other persons acting in an official capacity, and that those responsible for such acts are effectively brought to justice and, where appropriate, punished in order to avoid impunity.

2. Member states should ensure that when determining sanctions, a bias motive related to sexual orientation or gender identity may be taken into account as an aggravating circumstance.

3. Member states should take appropriate measures to ensure that victims and witnesses of sexual orientation or gender identity related “hate crimes” and other hate-motivated incidents are encouraged to report these crimes and incidents; for this purpose, member states should take all necessary steps to ensure that law enforcement structures, including the judiciary, have the necessary knowledge and skills to identify such crimes and incidents and provide adequate assistance and support to victims and witnesses.

4. Member states should take appropriate measures to ensure the safety and dignity of all persons in prison or in other ways deprived of their liberty, including lesbian, gay, bisexual and transgender persons, and in particular take protective measures against physical assault, rape and other forms of sexual abuse, whether committed by other inmates or staff; measures should be taken so as to adequately protect and respect the gender identity of transgender persons.

5. Member states should ensure that relevant data are gathered and analysed on the prevalence and nature of discrimination and intolerance on grounds of sexual orientation or gender identity, and in particular on “hate crimes” and hate-motivated incidents related to sexual orientation or gender identity.

B. “Hate speech”

6. Member states should take appropriate measures to combat all forms of expression, including in the media and on the Internet, which may be reasonably understood as likely to produce the effect of inciting, spreading or promoting hatred or other forms of discrimination against lesbian, gay, bisexual and transgender persons. Such “hate speech” should be prohibited and publicly disavowed whenever it occurs. All measures should respect the fundamental right to freedom of expression in accordance with Article 10 of the Convention and the case law of the Court.

7. Member states should raise awareness among public authorities and public institutions at all levels of their responsibility to refrain from statements, in particular to the media, which may reasonably be understood as legitimising such hatred or discrimination.

8. Public officials and other state representatives should be encouraged to promote tolerance and respect for the human rights of lesbian, gay, bisexual and transgender persons whenever they engage in a dialogue with key representatives of the civil society, including media and sports organisations, political organisations and religious communities.

Activities conducted within the framework of the LGBT Project

Multilateral meeting

Training of police officials

Showing Law Enforcement Officials how to deal with LGBT issues; making a connection between law enforcement authorities and NGO’s

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

Training the

Albanian Police

Force on LGBT

Issues

An exchange between the Albanian Police and the Dutch Police – specifically the Dutch Police LGBT network Pink in Blue – in presence of

representatives of the Albanian LGBT

movement

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/Latvia

Review legal framework: law enforcement

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

Latvia

Media covering of LGBT issues

Awareness raising activity among journalists to inform them about good practices when covering news on LGBT issues. Aim: an increase

in objective articles and a decrease of hate-articles

Italy

Awareness-raising campaign on hate crimes

Make a video around the ‘Legge Mancino’ to ask for attention to include sexual orientation and gender identity in the new law

Italy

Legal assistance LGBT community

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

Latvia

Training police officers

Training of 30 police officers on LGBT issues

Montenegro

Collection of hate crime & discrimination data

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