14/11/2023 | Writer: Selma Koçak
The European Commission against Racism and Intolerance calls on Council of Europe member states: Give a high priority to combating discrimination and intolerance against LGBTI people!
The European Commission against Racism and Intolerance (ECRI)’s “General Policy Recommendation No. 17 on preventing and combating intolerance and discrimination against LGBTI persons” was published in September, 2023.
The Council of Europe recommendation, adopted on 28 June, highlights the persistence of practices in Europe that limit the inclusion, legal protection and participation of LGBTI people in all areas of life.
Lack of reliable data and adequate policies, need for more determined action in the area of inclusive education, lack of formal recognition and protection for same-sex couples, failure to ensure legal gender recognition and the protection of transgender people, lack of legal guarantees for intersex persons, inappropriate handling LGBTI asylum requests are listed under the title “Continuing Challenges for the Human Rights of LGBTI People in the Council of Europe Area”.
The Commission warned member states against anti-LGBTI hate speech and criticised in particular the anti-LGBTI stance of politicians:
“Anti-gender and anti-LGBTI rhetoric may also wrongly present the human rights of LGBTI people, particularly transgender people, as posing threats or risks to the rights of women and children. Across Europe, anti-gender campaigns have led to incendiary public speech, including some comments that could be qualified as intolerant or hateful towards LGBTI persons, particularly transgender individuals. In some member States, anti-gender language has been co-opted by domestic politicians, seeking to encourage resentment and portray themselves as defenders of traditional values.”
The Commission also listed its recommendations to Member States. Stressing the need for member states to take steps to ensure that LGBTI people are safe and have equal protection under the law, the Commission said in its resolution:
“ECRI recommends that the governments of the member States:
give a high priority to promoting and achieving equality for LGBTI people and to combating discrimination and intolerance against them, taking all positive measures, including legislation, administrative policies, and national strategies or action plans, to ensure that LGBTI people are safe, equally protected under the law and able to enjoy rights and freedoms to the same extent as all other members of society; ensure that the measures taken to combat discrimination and intolerance against LGBTI people are carried out at all administrative levels (local/regional and national), and facilitate the involvement of a wide range of actors from different sectors of society, including the legal, social, religious, educational, civil society, and cultural spheres. Such measures should also address the impact of gender inequalities and gender-based harms. Policies enacted to increase gender equality should take appropriate account of the experiences of lesbian, bisexual, transgender and intersex women. The governments of the member States ensure that anti-hate crime and anti-discrimination laws and policies provide effective protection for LGBTI people, and refrain from adopting laws or policies, which victimise, discriminate against, or legitimise hate against LGBTI people. And they ensure that all LGBTI people and groups can freely express and access views and information about their rights and their position in society, safely and free from harassment or attacks, and that they are fully protected by the police and other relevant authorities.”
Click to read the full text of the recommendation.
Tags: human rights
