Draft Recommendation of 17 January 2012

“Combating discrimination on grounds of sexual orientation and gender identity”

The Human Rights Committee of the INGO Conference of the Council of Europe,

Welcoming the adoption by the Committee of Ministers in March 2010 of its Recommendation CM/Rec (2010)5 to member states on measures to combat discrimination on grounds of sexual orientation or gender identity ("Recommendation 2010(5)");1

Noting that Recommendation 2010(5) recognised "that lesbian, gay, bisexual and transgender persons have been for centuries and are still subjected to homophobia, transphobia and other forms of intolerance and discrimination even with their family – including criminalisation, marginalisation, social exclusion and violence – on grounds of their sexual orientation or gender identity, and that specific action is required in order to ensure the full enjoyment of the human rights of these persons;"

Welcoming the fact that certain member states have made voluntary contributions to enable the Council of Europe to assist member states in implementing Recommendation 2010(5);

Welcoming the publication by the Council of Europe Commissioner for Human Rights in June 2011 of his report "Discrimination on grounds of sexual orientation and gender identity in Europe", the first-ever large-scale study of such discrimination across the 47 member states;2

Noting that in his speech launching the report the Commissioner highlighted five particular concerns affecting LGBT people in a significant number of member states:

Concerned that, despite Recommendation 2010 (5), certain member states fail to uphold or are even in the process of undermining the most basic rights of LGBT people,
as exemplified by the following:

Noting that no monitoring body of the Council of Europe is charged specifically with monitoring discrimination against LGBT people and that no campaigns or programmes of the Council of Europe specifically address these concerns,

Calls upon the Committee of Ministers to

Calls upon the Member States to

Invites INGOs enjoying participative status with the Council of Europe to



3 See "Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity

Sociological Report: Turkey” by the Danish Institute for Human Rights, prepared for the Office of the Commissioner for Human Rights