On 28 September 2023, the European Commission against Racism and Intolerance (ECRI) published its General Policy Recommendation No. 17 on combating intolerance and discrimination against LGBTI persons. The recommendation calls on European policy makers at national, regional and local level, to develop measures that deter intolerance and discrimination against LGBTI persons, and while doing so, take account of the diversity which exists across sexual orientations, gender identities and sex characteristics. It also underlines that it is vital to recognise the rights and needs of LGBTI individuals who suffer intersectional discrimination due to other key aspects of their identity or lived realities, including their ethnic or national background, citizenship, or their situation as asylum seekers and refugees.
In this context, ECRI recommendations include the following:
Guarantee that, under domestic asylum laws, LGBTI people, who have a well-founded fear of persecution or ill-treatment due to actual or perceived sexual orientation, gender identity or sex characteristics, can apply for and, where appropriate following an individualised risk assessment, obtain refugee status.
Ensure that LGBTI people receive appropriate support in asylum processes, and that they are not subject to inappropriate or abusive credibility assessments, which violate their dignity, constitute discrimination, or expose those individuals to demeaning treatment.
Ensure that, while awaiting the outcome of their asylum application, LGBTI people have access to accommodation which is safe and in which they will not experience discrimination, from authorities or other residents
From 18 to 21 September 2023, ECRI published its sixth-cycle monitoring reports on Iceland, North Macedonia, Luxembourg and Poland. In its report on Poland, ECRI assessed various aspects of Poland's policies related to migration. The report commends the city of Gdansk for its immigrant integration model, which successfully served as a basis to integrate foreigners into the municipality through work in education, culture, health, employment, social assistance, housing, and measures against hate-motivated violence and discrimination. At national level, ECRI called on the national authorities to adopt a national migration policy to provide support measures for migrants, including refugees. In its report on Iceland, ECRI acknowledged the efforts made in improving the integration and inclusion of immigrants and refugees. The country has developed a coordinated reception system and streamlined services for these individuals, providing a more supportive environment. Nonetheless, ECRI called on Iceland to address hate speech against asylum seekers and immigrants, particularly on the internet and social media. Further, the authorities should collect comprehensive and gender-disaggregated data on immigrants to ensure their effective access to rights.
On 6 September 2023, the ECRI Secretariat issued a new factsheet presenting ECRI’s recommendations on preventing and combating racism and intolerance within law enforcement agencies, including border police and border guard services. One such recommendation concerns the provision of adequate training to border police officers to enable them to carry out their duties without resorting to racial profiling practices.