Speech by Rafael Benitez, Director of Social Rights, Health and Environment
Distinguished delegates, colleagues, friends,
We gather today during the International Day Against Homophobia, Transphobia and Biphobia, a moment to reflect not only on progress made, but on the hard work that remains.
I want to speak to you about something fundamental: social rights without equality cannot be considered human rights.
This is not merely a principle. It is a test of our institutions’ integrity and our political will.
Across Europe, LGBI persons continue to face barriers that prevent them from enjoying their fundamental rights in the workplace, in accessing healthcare, in securing housing, in building safe lives in their communities.
These are not isolated incidents. They are systemic failures.
In rural areas, LGBTI individuals confront compounded disadvantages: limited access to affirming healthcare, absence of supportive communities, persistent stigma in close-knit environments. In cities, precarity persists, discrimination in hiring, exploitation at work, exclusion from social protection systems.
The painful reality is this: many LGBTI persons relocate to urban centres not because they have chosen to, but because their hometowns have made it impossible to live with dignity and safety.
When individuals must abandon their communities to survive, we have not solved inequality, we have merely hidden it.
The Council of Europe’s response is clear and grounded in law: the European Social Charter.
This is not symbolic language. This is a binding international human rights treaty that guarantees:
- The right to protection of health
- The right to fair working conditions and protection against discrimination
- The right to social and medical assistance
- The right to protection from poverty and social exclusion
Article E of the Charter is unequivocal: these rights must be guaranteed to everyone without discrimination on grounds including sexual orientation and gender identity.
But here is what matters most: the Charter requires not just formal equality, it demands effective, lived equality.
This means:
- States must actively remove barriers, not simply refrain from causing harm
- Services must be accessible, available, acceptable, and affordable for all regardless of geography or identity
- When discrimination occurs, remedies must be real and enforceable
- Implementation must be monitored and enforced by independent bodies.
Let me ground this in a concrete example: LGBTI inclusion in the labour market.
Employment is where dignity, economic security, and social belonging converge. Yet across Europe, LGBTI workers face discrimination in hiring, harassment at work, barriers to career advancement, and exclusion from protection systems.
The European Social Charter makes crystal clear: this is not a diversity initiative. It is a human rights obligation.
States must ensure:
- Clear anti-discrimination laws that are actually enforced
- Access to effective remedies when discrimination occurs
- Positive measures to dismantle structural barriers: training for employers, recognition of transgender persons, protection against harassment
The European Committee of Social Rights -our independent oversight body- has documented where States fall short. Where legal protections exist on paper but fail in practice. Where vulnerable workers have no real recourse.
This accountability matters. It ensures that gaps are identified and addressed at European level.
We have heard powerful testimony about the situation in rural and sparsely populated areas.
The Croatian Ombudsperson’s work offers a model: independent institutions conducting field visits, listening directly to communities, documenting barriers, and driving legislative reform based on lived experience.
When an individual complaint about healthcare reimbursement reveals a systemic exclusion affecting thousands and that complaint becomes law, we are witnessing human rights standards translated into practice.
This is what accountability looks like.
The uncomfortable truth is this: we cannot claim to uphold human rights while tolerating territorial or social inequality.
Geography cannot justify discrimination. Sexual orientation and gender identity cannot justify exclusion.
What we do from this point forward requires:
From States: Full acceptance of the European Social Charter and its collective complaints procedure making space for independent monitoring and course correction.
From Institutions: Closing the implementation gap, moving from normative standards to structural reform in healthcare, employment, housing, and social protection.
From Civil Society: Bringing forward cases and evidence that expose systemic failures, demanding accountability.
From all of us: Recognising that equality in rural areas is not a regional concern; it is a measure of whether Europe’s human rights commitments are real.
Social rights must be guaranteed for everyone because equality is a fundamental principle, not a policy choice.
The Charter tells us what we must do. Oversight mechanisms ensure we know when we fail. Now it is a question of political courage and institutional commitment.
We owe it to LGBTI persons in rural communities who should not have to leave home to live safely. We owe it to LGBTI workers who should be able to earn a living without fear. We owe it to vulnerable groups across Europe whose dignity and rights depend on what we decide to do, starting today.
Let no one be left behind. Not on paper. Not in practice. Not anywhere.
Thank you.