Fifteen years ago the Committee of Ministers adopted its groundbreaking Recommendation CM/Rec(2010)5 to member countries. This wide-ranging instrument sets out the steps that European countries should take to eliminate discrimination on grounds of sexual orientation of gender identity.
A new review, the third, has been issued on the implementation of that recommendation across the continent, and the Committee of Ministers has taken note of it. The report, using an innovative methodology and enriched by data covering sexual orientation, gender Identity and expression, and sex characteristics (SOGIESC) grounds, provides a thorough overview of the state of implementation of the recommendation 15 years on.
The report looks at 12 thematic areas, including hate crime and hate speech, freedom of association, expression and peaceful assembly and private and family life.
Variable situation for LGBTI rights in Europe
The picture is mixed, denoting increased polarisation.
On a positive note, since the 2019 Review four more European countries have enabled legal gender recognition based on self-determination. Same-sex partnerships are legally recognised in 31 States, either through marriage equality (an increase of nine member States) or the adoption of registered partnership regimes (an increase of 14 member States).
Furthermore, some countries have advanced protection for intersex persons, introduced penalties to punish conversion practices and tailored protection measures against intersectional, multiple discrimination.
Progress has, however, not been even. Legal gender recognition has been rendered impossible in some countries, through constitutional court rulings or the enactment of legislation, despite the European Court of Human Rights' rulings setting out obligations in this area.
While protection of same-sex couples is improving, this is not the case as regards the recognition of same-sex parenthood, which in some instances has become more difficult or impossible.
Despite the positive trend of a rising number of LGBTI Pride marches, including outside capital cities, in other places freedom of assembly and association has been curtailed. LGBTI civil-society spaces are shrinking and LGBTI human-rights defenders face an increasing backlash. Opposition to organising LGBTI events has led to both legislative and de facto bans in some countries.
The report showcases best practices from and provides policy recommendations to member countries. It will be used as a basis for future Council of Europe work to continue advancing the human rights of LGBTI people in Europe.
