Discrimination on Grounds of Sexual Orientation
and Gender Identity

Link to other texts on discrimination on grounds of sexual orientation or gender identity

Link to Committee of Experts on Discrimination on Grounds of Sexual Orientation and Gender Identity (DH-LGBT)

Link to Council of Europe work with regard to LGBT persons: LGBT issues Unit

Recommendation on measures to combat discrimination based on sexual orientation or gender identity CM Rec(2010)5

Explanatory Memorandum to CM Rec(2010)5

New  Follow-up to Recommendation CM/Rec(2010)5 and replies of the member States to the questionnaire on this recommendation

Presentation

The Council of Europe’s standards and mechanisms seek to promote and ensure respect for the human rights of every individual. These include equal rights and dignity of all human beings, including lesbian, gay, bisexual and transgender persons.

The commitment of the Council of Europe to this cause has a long history, and all its bodies have played their role in it. The first recommendation by the Parliamentary Assembly dates back to 1981, and since then the Assembly has adopted several other documents, until 29 April 2010, when the new Recommendation 1915(2010) on Discrimination on the basis of sexual orientation or gender identity, echoing the Committee of Ministers’ recommendation and calling for further action, has been adopted.

Given the central role played often by local authorities in authorising or banning LGBT events, the work of the Congress of Local and Regional authorities in the protection of human rights of LGBT persons is also very interesting, since in 2007 it adopted Recommendation 211 on Freedom of Assembly and Expression by LGBT Persons. In this recommendation, it invited the member States of the Council of Europe to ensure that these rights are implemented at local level, to take public stand against discrimination and to combat hate speech on grounds of sexual orientation and gender identity, to ensure that organisers of LGBT events have access to the court in case of restrictions or bans, and to keep local authorities informed  of all new legislation and relevant case-law.

The office of the Council of Europe Commissioner for human rights has also been very active, in regularly addressing the question of homophobia, transphobia, hate speech and intolerance in the various member States. He published an Issue Paper on Human Rights and Gender Identity in 2009, and is currently undertaking a study in co-operation with the FRA, a comparative study on homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in all Council of Europe member States, to be finalised in early 2011.

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