LGBTI

LGBTI persons are often victims of discrimination, social exclusion and violence because of their sexual orientation or gender identity. These behaviours are manifestations of homophobia and/or transphobia. For several years the Congress of the Council of Europe has been working to combat discrimination against LGBTI people by addressing recommendations to local and regional as well as national authorities. It also organises fact-finding missions to examine particular situations in certain countries.

Report on LGBTI rights in Europe

In June 2021, the Congress adopted a report, resolution and recommendation calling on local and regional authorities to step up the fight against hatred and discrimination against LGBTI people.

This comes against the backdrop of declining LGBTI rights all over Europe and a disturbing picture of violations of their rights in several countries. Reminding local and regional authorities that the protection of these rights is essential to strengthening social cohesion and democracy, Congress outlines different ways in which backsliding on international commitments or adopted legislation in this respect occurs and examines how this negative trend has affected the lives of LGBTI people. The report also provides good practice examples from cities and regions that have adopted policies and legislation and acted in defense of LGBTI people’s rights.

Report on the situation in Poland

In June 2021, the Congress adopted a resolution on the role of local authorities with regard to the situation and rights of LGBTI people in Poland following a fact-finding mission on November 2020.

In response to the decision by a number of municipalities to declare themselves “LGBT ideology-free zones”, the Congress calls on Polish local and regional authorities to withdraw all declarations and resolutions against so-called “LGBT ideology” and all analogous texts regardless of their title. Moreover, the Congress urges local and regional authorities in Poland to ensure the protection of vulnerable groups, with particular attention to the deleterious impact of hate speech on the lives of LGBTI people.

Report on discrimination towards LGBTI

The report adopted in 2015 by Congress calls on local authorities to mobilize against discrimination towards LGBTI people and to guarantee their rights through action plans.

The report describes the discrimination and challenges faced by these people and makes policy recommendations that will remove the obstacles to promoting respect of LGBTI people’s human rights based on examples of good practice and strategies with proven success. It underlines that all human beings are born free and equal in dignity and rights. Sexual orientation and gender identity are recognised as prohibited grounds for discrimination. The Congress recommends developing a culture of human rights, providing effective human rights protection and ensuring the delivery of discrimination-free policies and services.

The Congress published in 2019 "Human rights handbook for local and regional authorities". One of its three chapters aims to combating discrimination against LGBTI people. Examples presented include the establishment of codes of conduct prohibiting discriminatory attitudes towards LGBTI people, training of officials including municipal police officers and consultation with the LGBTI community in the development of local policies. Some of the issues addressed in the Handbook are presented below. To view the whole content, download the Handbook in PDF format.

Download : Human Rights Handbook Vol. I (Pdf)

Definitions (p. 124-125)

Knowing what exactly “LGBTI” means is the first step to not only appropriately using this term in the public discourse but also to developing effective LGBTI-inclusive policies. LGBTI is an umbrella term, an initialism for Lesbian, Gay, Bisexual, Transgender and Intersex persons. Below is a specific definition of each category.

Lesbian: women who form sexual and affectionate relationships with women.
Gay: men who form sexual and affectionate relationships with men.
Bisexual: men and women attracted to and having sexual relations with both sexes.
Transgender: also know as Third Gender, these are people who identify themselves with a gender identity other than the one that was assigned to their biological sex at birth or people who view their gender as more fluid than the strictly male or female gender categories allow.
Intersex: people born with chromosomal, hormonal levels or genital characteristics which do not correspond to the given standart or "male" or "female" categories for sexual or reproductive anatomy. Intersex status is not about sexual orientations or gender identities.

What are their rights? (p. 128-129)

International human rigths law applies to LGBI+ people as it does to everyone else, without distinction of any kind. In short, LGBTI+ people have the same rights and freedoms as other individuals :

Right to safety
Right to housing
Right to social security
Right to health care
Right to education
Right to privacy

Challenges (p. 130-131)

While progress has been made, such as the recognition of same-sex marriage by 14 Council of Europe member States. LGBTI+ people suffer from negative attitudes especially in access to employment, housing or health but also from domestic violence, bullying and harassment and are deprived of legal recognition.

Local authorities are at the forefront of the fight against discrimination against LGBTI+ people. Public policies may meet some opposition due to the historical, political and legislative context of the country but also due to the religious and moral beliefs of the population.

Responses (p. 132-150)

The Congress gathered a set of good practices that have been successfully implemented by local and regional authorities that have actively advocate for the inclusion of their LGBTI+ communities including :

Access to social rights and services (including employment, healthcare and housing)
Developments in local and regional legislation
Awareness-raising, education, visibility and mainstreaming in policy-making processes
Co-operation between authorities
Safety and security

Recommendations (p.151-152)

The Congress proposes a set of recommendations aimed at :

Improving access to social rights and services
Recognising LGBTI rights in local and regional legislation
Raising awareness, enhancing visibility of the LGBTI community and mainstreaming their rights in policy-making processes
Promoting co-operation between authorities
Protecting LGBTI communities and improving their safety and security

Congress texts

Protection of LGBTI people in the context of rising anti-LGBTI hate speech and discrimination: the role of local and regional authorities - Report CG(2021)40-18 - Resolution 470 (2021) - Recommendation 458 (2021)
The role of local authorities with regard to the situation and rights of LGBTI people in Poland - Report CG(2021)40-19 - Resolution 471 (2021)
Guaranteeing lesbian, gay, bisexual and transgender (LGBT) people’s rights: a responsibility for Europe’s towns and regions - Report CG/2015(28)9 – Resolution 380 (2015)
Freedom of assembly and expression for lesbians, gays, bisexuals and transgendered persons - Resolution 230 (2007)

Indietro Congress Rapporteur urges cities and regions to be safe havens for LGBTI civil society under pressure

On the International Day Against Homophobia, Transphobia and Biphobia (IDAHOT), Congress Rapporteur on LGBTI issues, Andrew Boff (United Kingdom, ECR), warned that LGBTI organisations are increasingly under threat, stressing the role of local and regional authorities in supporting them.

“Even in 2022, we continue to see the rights and identity of LGBTI persons being challenged. This is unacceptable. We must remain vigilant and remember that hate speech and discrimination against any group, including LGBTI persons, undermine the social cohesion and inclusion in our communities”, the Rapporteur warned.

“It is in our cities and regions, our communities, that we first feel the effects of hate speech and violence, but it is also at our level that we can turn the tide,” the Rapporteur said, calling on local and regional elected officials to support LGBTI persons, in particular by working with LGBTI organisations.

He stressed that “Strong civil society organisations keep elected officials accountable and help us understand and address the challenges LGBTI citizens living in our societies face” and warned about the fact that “civil society space is shrinking and LGBTI organisations are especially targeted in several Council of Europe member States, by limiting funding or branding them as a threat to society”.

The Rapporteur recalled the Congress report "Protecting LGBTI persons in the context of rising hate speech and anti-LGBTI discrimination: the role of local and regional authorities", and stressed the need to go beyond declarations and take concrete action to support and involve LGBTI organisations, for example by appointing local experts on diversity and equality to establish structural consultations with LGBTI.

“By involving and recognising LGBTI organisations as valuable allies, cities and regions can be safe havens for civil society under pressure and for LGBTI communities” stated Andrew Boff who called on the Congress, and the Council of Europe as a whole, to continue its work against discrimination and inequality in line with the Council of Europe Secretary General’s Report “Moving Forward 2022”.

The Congress of Local and Regional Authorities has been working on LGBTI issues since 2007, including freedom of assembly and guaranteeing their fundamental rights. In June 2021, the Congress adopted the report "Protecting LGBTI persons in the context of rising hate speech and anti-LGBTI discrimination: the role of local and regional authorities". In addition, the Current Affairs Committee conducted a fact-finding mission to Poland in 2020, the findings of which were approved on 10 February 2021. The Congress subsequently adopted the report “The role of local and regional authorities with regard to the situation and rights of LGBTI people in Poland” in June 2021.

International Day Against Homophobia, Transphobia and Biphobia Strasbourg, France 17 May 2022