Despite progress in many areas over the last decades, a significant number of people in Europe are still stigmatised because of their actual or perceived sexual orientation, gender identity or sex characteristics. Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons are particularly vulnerable to discriminatory treatment and intolerant attitudes, as well as LGBTIphobic hate speech and violence.

ECRI started examining discrimination and intolerance towards LGBT persons in its fifth cycle of country monitoring (2012-2018) and towards Intersex persons in its sixth monitoring cycle. It recommends all member states to develop legislation and policies to combat discrimination, hate speech and violence against persons on account of their sexual orientation, gender identity or sex characteristics and to promote tolerance.

ECRI monitors LGBTI issues in light of the European Convention on Human Rights, the relevant case law of the European Court of Human Rights and Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe on measures to combat discrimination on grounds of sexual orientation or gender identity.

On 28 June 2023, ECRI adopted General Policy Recommendation No. 17 on preventing and combating intolerance and discrimination against LGBTI persons, which includes a set of actions to be considered or taken with a view to addressing intolerance and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people. These measures draw on findings from ECRI’s country monitoring work and are meant to help member states to ensure the equal treatment and inclusion of LGBTI persons on the one hand and to prevent and combat LGBTI-phobia on the other hand. This instrument was drawn up in consultation with various actors, including other international bodies, specialised government structures and organisations representing the communities concerned.