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Recommendation on measures to combat discrimination on grounds of sexual orientation or gender identity

Adopted on: 31 March 2010
Reference number: CM/Rec(2010)5 Adopted by: Committee of Ministers
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This recommendation sets out the principles deriving from existing European and international instruments, with particular emphasis on the European Convention on Human Rights and the European Court of Human Rights case law in relation to discrimination on grounds of sexual orientation. The recommendation identifies specific measures to be adopted and effectively endorsed by member states to combat discrimination, ensure respect for LGBT persons, promote tolerance towards them and ensure that victims have access to legal remedies. These measures include, among many, (1) promotion of mutual tolerance and respect in schools, regardless of sexual orientation or gender identity, (2) encouraging dialogue with and support sports associations and fan clubs in developing awareness-raising activities regarding discrimination against lesbian, gay, bisexual and transgender persons in sport and in condemning manifestations of intolerance towards them and (3) protecting asylum seekers from any discriminatory policies or practices on grounds of sexual orientation or gender identity. Part II of the recommendation refers specifically to the freedom assembly and association. The Committee of Ministers calls on member states to ensure that the right to freedom of association can be effectively enjoyed without discrimination on grounds of sexual orientation or gender identity and to take measures to effectively protect defenders of the human rights of lesbian, gay, bisexual and transgender persons against hostility and aggression to which they may be exposed to. Member states should also take appropriate measures to prevent restrictions on the effective enjoyment of the rights to freedom of expression and peaceful assembly resulting from the abuse of legal or administrative provisions, for example on grounds of public health, public morality and public order.

Youth specific: No

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