New detentions of LGBTI people in Chechnya: Russia needs to take action
January 15th, 2019
A new wave of arrests, persecution and torture against (perceived) LGBTI people in Chechnya has started in Chechnya since December 2018. 40 people, both men and women, have been detained – and at least two were killed, according the Russian LGBT Network. However Chechnya authorities continue to deny that “gay people exist” in Chechnya, and Russia remains cautious in its public response to the situation.
“Not only do LGBTI people exist, but they have human rights just like everyone else. We will continue to fight so LGBTI people are safe in Chechnya and everyone else in the world”, said Terry Reintke MEP, co-chair of the LGBTI Intergroup.
The European Parliament spoke up against the situation since the first arrests in 2017, and repeatedly called on Russia to pursue genuine investigations, with two resolutions in May 2017 and February 2018 and an oral question to the European Commission in October 2018.
Other international institutions, such as the Parliamentary Assembly of the Council of Europe, the OSCE, and the European Commission HR/VP Federica Mogherini, have denounced these blatant human rights violations. In December 2018, an OSCE report, published after 16 countries triggered the Moscow Mechanism, called on Russia and Chechnya to end impunity for arrests, detention and mistreatment of perceived LGBTI people and take action – including a full investigation into the matter.
“We cannot wait until more people are detained, tortured and killed. It is about time Russia listens to the multiple recommendations and requests from the international community, starts an investigation and puts an end to these human rights violations.” said Sophie in’t Veld MEP, vice-president of the LGBTI Intergroup.
“We also expect the European Commission and the HR/VP to follow-up closely on their commitment to address the situation, in accordance with the LGBTI guidelines”.
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Tags: chechnya, russia
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European Parliament calls for respect of LGBTI rights worldwide
December 17th, 2018
Last week the European Parliam
ent adopted its Annual report on human rights and democracy in the world 2017 and the EU policy on the matter. The report assess the situation of human rights around the world in 2017 and what the EU should do to protect human rights.
This year’s report contains strong content on LGBTI rights, condemning all forms of discrimination against LGBTI people (para. 53).
Particularly, it condemns the arbitrary detention, torture, persecution and killings of LGBTI people and violations of the fundamental right to bodily integrity caused by intersex genital mutilation.
It also urges Member State embassies and EU delegations to implement the EU’s LGBTI Guidelines (para. 57).
“Once again, the European Parliament reaffirms the role of the EU in defending the rights of LGBTI people worldwide” said Daniele Viotti, co-president of the LGBTI Intergroup. “We count on the High Representative/Vice-President to follow the suggestions in this report and ensure the protection of LGBTI people, including LGBTI human rights defenders”.
Two plenary amendments intending to ensure coverage of the rights of trans and intersex people were however rejected by the European Parliament.
Malin Bjork, vice-president of the LGBTI Intergroup, commented: “Trans and intersex people face specific discrimination and violence that are still widely ignored at the international level. It is deplorable to see the European Parliament refuse to include issues such as intersex genital mutilation and legal gender recognition in a general report on human rights.”
However the LGBTI Intergroup and the European Parliament remain strong defenders of trans and intersex rights. An example is the recent adoption of a resolution on intersex rights in the LIBE Committee, which should be voted in plenary early next year.
Tags: annual report, human rights
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MEPs unite for Human Rights on 70th anniversary of the Universal Declaration on Human Rights
December 10th, 2018
For the 70th anniversary of the Universal Declaration of Human Rights, co-chairs of several human rights Intergroups of the European Parliament get together with a simple message: in 2018, universal human rights still need to be fought for.
2018 marks the 70th anniversary
of the Universal Declaration on Human Rights. On 10 December 1948, Members of the United Nations General Assembly came together to declare that all people, from all nations, deserved fundamental human rights.
The UDHR was created to ensure the respect and uphold the dignity and rights of all individuals. Those rights include the right to life, to be free, to be granted recognition under the law, to name but a few. All of these rights were to be granted without distinction of any kind (article 2).
As co-chairs and members of Intergroups in the European Parliament dedicated to the access to rights of specific groups, we cannot stress enough how much there is to be done to realise the vision of the UDHR in the world today. In Europe people are still discriminated against or denied access to their rights and not enough action is undertaken by governments, parliaments, institutions and judiciary to put an end to this.
Today, with the growing threat of nationalism and populism, we must reinforce our commitment to upholding and safeguarding the human rights of children, youth, people with disabilities, people of colour, people with or without a religion or belief, LGBTI people and other marginalized or vulnerable people. In particular people who belong to one or more of these groups are at risk. That is why we call for an intersectional approach.
In times where the rights of minorities are increasingly questioned and endangered and multilateralism is under increasing pressure, we, who are dedicated to universal human rights, must work together. That’s why we are willing to act and come together to stand up for human rights regardless of our political leanings.
Standing up for human rights means not only speaking out but also leading the way. That is why we call on our fellow EU policymakers to mark the 70th anniversary by passing the Horizontal Equal Treatment Directive. On the international stage, the EU advocates the shared values of liberty, democracy, respect for human rights and fundamental freedoms. Yet we have failed to put in place a comprehensive anti-discrimination framework. This is quite simply wrong. We should be ashamed that in 2018 some people can be discriminated and they have no access to legal remedies through the law. We ask you, is this the Europe we really want to live in?
The UDHR was created in response to the Holocaust, in which more than six million innocent people were murdered, many because of their faith, ethnicity, disability, sexual orientation or gender identity. We said never again. To extremists and those questioning universal human rights, our message is simple; never again. We will not compromise; we will tirelessly defend one of the greatest achievements of humankind of the twentieth century.
Terry Reintke, co-chair of the LGBTI Intergroup
Soraya Post, co-chair of the Anti-Racism and Diversity Intergroup
Helga Stevens, co-chair of the Disability Intergroup
Anna-Maria Corazza Bildt, co-chair of the Children’s Rights Intergroup
Brando Benifei, co-chair of the Youth Intergroup
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LGBTI rights are still key to EU integration, says European Parliament
November 29th, 2018
The European Parliament adopted on 29 November 2018 its annual reports on five candidate and potential candidate countries.
The reports call on Northern Macedonia, Montenegro, Albania, Kosovo and Albania to strengten their efforts to address discrimination, violence and hate speech directed at LGBTI people.
Fabio Massimo Castaldo (EFDD), vice-president of the LGBTI Intergroup, commented and shadow rapporteur for all five reports, commented : « The European Parliament is in line with its previous position : LGBTI rights are human rights, and are a key part of EU integration. Northern Macedonia, Montenegro, Albania, Kosovo and Albania must not rest on the progress they made, but continue to ensure LGBTI rights are enshrined in law and implemented in practice ».
Reports on all five countries emphasise that LGBTI people are still vulnerable groups exposed to discrimination and violence.
The report on Northern Macedonia welcomes the recent establishment of an inter-party parliamentary group in LGBTI rights, but stresses the importance to target homophobic and transphobic hate speech, still prevalent in the country. It also stresses the need to grant access to healthcare for trans people (para. 43).
The European Parliament also urges Montenegro to « to launch public awareness-raising campaigns to fight discrimination and violence against LGBTI people, and to safeguard fair investigations and prosecutions in cases of crimes committed against them; » (para. 36).
« Hate crimes and hate speech towards LGBTI people continue to be widespread in the region. This is unacceptable and action needs to be taken. » said Hilde Vautmans (ALDE), shadow rapporteur for the report on Kosovo and member of the LGBTI Intergroup. « It shows that legislative progress is not enough. We count on the governments of Nothern Macedonia, Montenegro, Albania, Kosovo and Albania to address these human rights violations as soon as possible. »
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Tags: accession, albania, enlargement, kosovo, macedonia, montenegro, serbia
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MEPs write to Polish Minister of Education about Rainbow Friday
November 13th, 2018
On 26 October 2018, Rainbow Friday, a day dedicated to raising awareness about LGBTI rights in schools in Poland, took place for the 3rd consecutive year. Schools who were organising events on this day across the country were subjectf the LGBTI Intergroup write to Polish Minister of Education Anna Zalewska to express their concern about the situation.
TO: Honourable Anna Zalewska
Minister of National Education of Poland
Concerns: pressures on Rainbow Friday
Brussels, 5 November 2018
Honourable Minister of National Education,
We are concerned that a number of schools in Poland have faced pressure to cancel Rainbow Friday, an initiative meant to promote tolerance and help create a more inclusive school environment for LGBTI students.
Various reports in the press and from civil society reached us last week concerning unannounced inspections in schools, initiated by the Ministry of National Education, to check if they were involved in the Rainbow Friday initiative. This is corroborated on the official Twitter account of your Ministry, which refers to Rainbow Friday as possible political agitation and confirms more investigation is ongoing to determine if Rainbow Friday breaches education law.
School is the main place where LGBTI children and youth face discrimination. In the Fundamental Rights Agency’s LGBT survey, 91% of respondents from Poland had heard or seen negative comments or conduct because a schoolmate was perceived to be LGBT. Bullying and violence towards LGBTI students is frequent, and prevents them making the most out of their education. Initiatives such as Rainbow Friday are key to create safer and more inclusion environments for all students, including those who are LGBTI.
Pressures on school staff to cancel initiatives such as Rainbow Friday are an attack to freedom of expression, freedom of assembly and the human rights of LGBTI people, which are protected by EU law. We are all the more surprised as Rainbow Friday has been going on successfully for three years before, and it the first time the Polish government is raising concerns on its legality.
We therefore would like to enquire how your Ministry will ensure initiatives that promote awareness and respect for universal human rights, such as Rainbow Friday, can continue to take place in Poland, and what your government does to create a safer school environment that safeguards the rights of all students, including those who identify as LGBTI.
Yours Sincerely,
Terry Reintke MEP, co-president of the LGBTI Intergroup
Daniele Viotti MEP, co-president of the LGBTI Intergroup
Sophie in’t Veld MEP, vice-president of the LGBTI Intergroup
Fabio Massimo Castaldo MEP, vice-president of the LGBTI Intergroup
Malin Bjork MEP, vice-president of the LGBTI Intergroup
Izaskun Bilbao Barandica MEP
María Dolores Lola Sánchez Caldentey MEP
Julie Ward MEP
Monika Vana MEP
Bart Staes MEP
Jean Lambert MEP
Hilde Vautmans MEP
Isabella Adinolfi MEP
Jean Lambert MEP
Merja Kyllönen MEP
Martina Anderson MEP
Lynn Boylan MEP
Matt Carthy MEP
Liadh Ni Riada MEP
Jill Evans MEP
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MEPs write to Romanian Prime Minister: protect all families
October 2nd, 2018
In light of the upcoming constitutional referendum in Romania, aiming to change the definition of family as marriage between a man and a woman, Members of the European Parliament write to Prime Minister Viorica Dăncilă.
TO:
Honorable Viorica Dăncilă
Prime Minister of Romania
Concerns: Referendum on the Definition of Family
Brussels, 2 October 2018
Honourable Prime Minister of Romania,
We were dismayed to learn that the referendum on the definition of family as between a man and a woman will be held next October 6 – 7.
This redefinition of family has the potential to harm children in all families by promoting the message that single parent families, non-married partners with children, grandparents raising their grandchildren, rainbow families, and all other families that do not fall under the narrow definition proposed by the referendum do not deserve to be recognized and protected. By allowing this referendum to proceed without ensuring alternative forms of legal recognition for families, you appear to be complicit in the ongoing human rights violations against the rights of all those living in “non-traditional” families.
Allowing this referendum to take place adds validity to anti-LGBTI rhetoric and encourages hate speech and violence against LGBTI individuals. We cannot allow that this legal limbo will place LGBTI individuals, including LGBTI children and children in rainbow families, in a vulnerable position and in flagrant violation of the fundamental right to non-discrimination as enshrined in the EU Human Rights Law.
The UN Convention on the Rights of the Child – ratified by all EU Member States, including Romania – never defines a family as between one man and one woman, granting all children the same rights, regardless of who are their parents.
The recent ruling by the Romanian Constitutional Court, according to which same-sex couples should have the same rights as heterosexual couples, highlights that rainbow families currently have no protections and no legal rights in Romania, regardless of their nationality. The absence of civil partnership legislation and the lack of legal recognition of public documents and court decisions within the EU (as regards to adoption for example) forces same-sex couples and their children into a state of legal limbo, preventing them from the full enjoyment of their rights as equal EU citizens. Despite the recent CJEU’s ruling in the Coman case, same-sex spouses of EU citizens in Romania remain in unstable legal situations. This deeply jeopardises the freedom of movement of EU citizens, which is the cornerstone of the EU project.
We would also like to enquire about your reasons to issue an emergency ordinance, issued by your government, declaring this referendum will take place over two days instead of one, the usual practice in past referenda in Romania. We are concerned that this could be construed as a deliberate attempt to influence the outcome of referendum, by ensuring the 30% threshold of participation is met. The decision not to use the integrated system of monitoring the votes is also worrying as it is a step back and could be seen as encouraging fraud.
To conclude, and in light of this situation, we call on the Romanian government to ensure that all couples benefit from legal protection, and that all children – including children of same-sex parents and LGBTIQ children and youth – are granted the highest degree of protection. All children should be able to fully enjoy their right to grow up in a family environment, in an atmosphere of happiness, love and understanding as enshrined in the UN Convention on the Rights of the Child.
Yours Sincerely,
Anna Maria Corazza Bildt MEP
Bart Staes MEP
Ana Maria Gomes MEP
Monika Vana MEP
Martina Anderson MEP
Terry Reintke MEP
Julie Ward MEP
Ernest Urtasun MEP
Péter Niedermüller MEP
Marisa Matias MEP
Izaskun Bilbao Barandica MEP
Sophie in’t Veld MEP
Hilde Vautmans MEP
Judith Sargentini MEP
Jean Lambert MEP
Malin Bjork MEP
Seb Dance MEP
Elly Schlein MEP
Clare Moody MEP
Jude Kirton-Darling MEP
Paul Brannen MEP
Theresa Griffin MEP
Brando Benifei MEP
Claude Moraes MEP
Lucy Anderson MEP
Mary Honeyball MEP
Wajid Khan MEP
Alex Mayer MEP
Rory Palmer MEP
Catherine Stihler MEP
Derek Vaughan MEP
Santiago Fisas Ayxelà MEP
Marlene Mizzi MEP
Katy Piri MEP
Martina Anderson MEP
Matt Carthy MEP
Lynn Boylan MEP
Liadh Ni Riada MEP
Christine Revault d’Allonnes Bonnefoy
Edouard Martin MEP
Helga Stevens MEP
Soraya Post MEP
Daniele Viotti MEP
Giuseppina Picierno MEP
Sirpa Pietikainen MEP
Jose Ignacio Faria MEP
Merja Kyllönen MEP
Linda McAvan MEP
Tags: LGBTI families, referendum, romania
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MEPs and NGOs join open mic on anniversary of the Horizontal Directive
September 6th, 2018
On 5 September 2018, MEPs, NGOs and citizens joined together for an open mic in ‘celebration’ of the 10th year Anniversary of the Horizotal Directive. Organised jointly by the LGBTI Intergroup, the ARDI Intergroup, the Youth Intergroup and the Children Rights’ Intergroup, the event took place right on the Esplanade Solidarnosc, in front of the European Parliament in Brussels.
Daniele Viotti MEP, co-chair of the LGBTI Intergroup, welcomed participants and officially opened the open mic : “2018 is the time to take stock on the Horizontal Directive. Many MEPs worked hard on this directive. Many NGOs as well.
We are here to reflect on what can be done here and now about protection against discrimination in the EU.”
“A life with equal rights and without fear of discrimination should already be reality in the EU” also said in a video message Terry Reintke MEP, co-chair of the LGBTI Intergroup.
Presented by the European Commission in 2008, the Horizontal Directive was meant to provide protection against discrimination across the EU, in all areas of life, and irrespective of age, disability, sexual orientation or religious belief. However, in 2018, the Directive is still blocked in the Council.
Helga Stevens MEP, co-President of the Disability Intergroup, expressed her hope to see the European Council moving forward with the Horizontal Directive, while Julie Ward MEP, member of the four Intergroups organising the event, talked about the importance of working across political groups to foster equality in the EU – something that Intergroups do within the European Parliament.
Brando Benifei MEP, co-chair of the Youth Intergroup, vice-President of the Disability Intergroup and member of the LGBTI and Children’s Rights Intergroups, also emphasised the need to work together: “The European Union needs to be an example in fighting discrimination at all levels, in all cases, in all situations. We can do this if governments and Parliaments unite together to find solutions”, said
Jean Lambert MEP, co-chair of the ARDI Intergroup and member of other human rights Intergroups, reminded the audience that the already existing racial equality directive and the employment equality directive were groundbreaking legislation at the time, but only effective when fully implemented.
“This is about changing culture. So people feel free to be who they are, and their lives won’t blighted because of somebody else’s discrimination”.
This was corroborated by cultural organisations, also present at the open mic. A member of Fearless Cities spoke about the role of inclusive cities, while Eric Cyuzuzo from Guerrilla Resistance addressed the need for a decolonised education in order to promote diversity and fight discrimination.
NGOs working across the human rights spectrum were present as well, including the European Disability Forum, ILGA-Europe, Equinet, ENAR, Victim Support Europe and the International Federation for Spina Bifida and Hydrocephalus. All emphasised the dire need for EU anti-discrimination legislation for their own field of expertise and across the board.
« We need to make an anti-discrimination movement in Europe. We need to join forces. European legislation on non-discrimination will not be given to us. It will be won, and only if we put together a movement », as said by Yannis Vardakastanis, President of the European Disability Forum.
Read more
- Our work on the Horizontal Directive
- The anti-discrimination directive on the Legislative Train Schedule
Tags: anti-discrimination, anti-discrimination directive, events
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MEPs to Federica Mogherini: Russia must protect its LGBTI citizens
August 8th, 2018
On 7 August 2018, 16 year old Maxim Nederov was condemned for “homosexual propaganda” in Russia. LGBTI Intergroup co-chair Daniele Viotti and vice-president Sophie in’t Veld write to Federica Mogherini to enquire about EU’s follow-up on Russia’s commitment to protect its own LGBTI citizens.
To: Federica Mogherini, High Representative of the European Union for Foreign and Security Policy
Concerns: Russia’s obligation to protection its own LGBTI citizens
Brussels, 8 August 2018
Honourable High Representative, Dear Federica,
We have been informed that yesterday (7 August) Maxim Neverov, a 16 year old schoolboy, was found guilty of “propaganda of homosexuality among minors” in Russia. He was fined 50 000 rubles for publishing pictures in the social network “VKontakte”.
Since it has been passed in 2013, the Russian federal law “for the Purpose of Protecting Children from Information Advocating for a Denial of Traditional Family Values” is used to blatantly violate freedom of expression, making it increasingly difficult for LGBTI individuals to exist without fearing repression and violence. While this law is not new, the condemnation of Maxim Neverov takes place in a context of increasing violence against LGBTI people in Russia, in light of the ongoing persecution of LGBTI people in Chechnya since 2017, and for which Russia has taken no concrete steps towards transparent investigation, let alone reparation for victims.
You have spoken yourself against these persecutions when they were first brought to the public eye in April 2017. In a press conference on 19 April 2017, in presence of Russian Foreign Minister Sergey Lavrov, you expressed the expectation that “the Russian Federation does its part to protect its own citizens in full respect of human rights principles”. Indeed, as a member of the Council of Europe, Russia has human rights obligations that are continuously violated.
We would therefore like to ask what concrete steps you are taking to follow-up on the expectation on Russia to protect its own LGBTI citizens.
Yours Sincerely,
On behalf of the European Parliament’s Intergroup on LGBTI Rights,
Daniele Viotti MEP, Co-President of the LGBTI Intergroup
Sophie in ’t Veld MEP, Vice-President of the LGBTI Intergroup
Tags: propaganda law, russia
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Trans identities no longer considered a mental disorder in WHO’s ICD-11
June 19th, 2018
In the new International Classification of Diseases released on 18 June 2018, trans identities are not considered are mental disorders anymore.
« Gender incongruen
ce »was removed out of the chapter on mental disorders, and inserted into a chapter on sexual health conditions. « The rationale being that while evidence is now clear that it is not a mental disorder, and indeed classifying it in this can cause enormous stigma for people who are transgender, there remain significant health care needs that can best be met if the condition is coded under the ICD » says WHO on their ICD-11 website.
Terry Reintke MEP, co-chair of the LGBTI Intergroup at the European Parliament, said : « Only with the publication of ICD-10 in 1990 was homosexuality removed from the category of mental illnesses. Only in 2018 can we say the same for trans identities.
Today we should celebrate not just the WHO decision, but also the activists who have worked tirelessly for depathologisation of trans identities. »
Activists have indeed called for the depathologisation of trans identities for many years. In October 2017, several trans activists came to the European Parliament to talk about the impact of pathologisation on all areas of the lives of trans people, from access to healthcare, legal gender recognition and employment.
Sirpa Pietikainen MEP, vice-president of the LGBTI Intergroup at the European Parliament, added: « it is wonderful to see the WHO recognise that trans identities are not diseases. But the work for trans people’s rights does not stop here. In many countries in Europe, trans people need a diagnosis or sterilisation to access legal gender recognition.
We hope this decision will help more countries pass legal gender recognition laws based on self-determination. »
The new ICD-11 will be presented at the World Health Assembly in May 2019 for adoption by Member States, and will come into effect on 1 January 2022. With this release, Member States can already prepare for its implementation, by planning translation, dissemination and training of healthcare professionals.
Tags: trans, transgender rights
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European Court of Justice recognises freedom of movement for same-sex couples
June 5th, 2018
In a ground-breaking judgement, today the Court of Justice of the European Union recognised freedom of movement for same-sex couples.
“The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex” says the Luxembourg Court in a press release published today.
The case was brought to the Luxembourg court by Adrian Coman, a Romanian-American national who married his partner in Belgium. After several years of living abroad, Adrian Coman moved back to Romania with his spouse. However, Clai Hamilton was denied a residence permit on the ground of family reunion, because Romanian law does not recognised same-sex marriages or partnership contracted abroad.
According to the European Court of Justice, a EU citizen who used their right to freedom of movement, moved to another Member State and established their family life there, should be able to return to their home country with their partner – including their same-sex partner they married in another EU state. Article 21(1) of the Treaty on the Functioning of the EU guarantees the right to freedom of movement for all EU citizens, and EU national cannot be subjected to stricter conditions than those laid in the Directive 2004/38. Since the term ‘spouse’ is gender-neutral in the Directive 2004/38, this therefore applies to same-sex couples.
Daniele Viotti, co-chair of the LGBTI Intergroup, said: “Today is a historic day. All families should benefit from the right to freedom of movement, guaranteed by the treaties of the European Union.
Adrian Coman and Clai Hamilton are only one of the many couples that have suffered from this discrimination based on sexual orientation. It is now clear: when a marriage is contracted in one EU state, it should be recognised in all other Member States. Same-sex marriage is no exception.”
The Coman case makes clear that freedom of movement may be restricted by a Member States, but under control of the EU institutions. The measures must be proportional and compatible with the fundamental rights guaranteed by the Charter of fundamental rights of the European Union. However with regards to the Coman case, “the obligation for a Member State to recognise a marriage between persons of the same sex concluded in another Member State in accordance with the law of that state, for the sole purpose of granting a derived right of residence to a third-country national, does not undermine the institution of marriage in the first Member State, [...] does not require that Member State to provide, in its national law, for the institution of marriage between persons of the same sex, [...] and does not undermine the national identity or pose a threat to the public policy of the Member State concerned.” (para. 45-46).
Sophie in’t Veld, vice-president of the LGBTI Intergroup, said “While this calls for celebration, we must stress that much remains to be done for Rainbow Families in the European Union. Too few countries allow same-sex couples to enter registered partnerships, let alone marriage. These families remain unrecognised and unprotected by law.
It is now up to politicians to take the matter in their hands and introduce marriage equality soon”.
The LGBTI Intergroup will organise an event in the European Parliament on 20 June to discuss the aftermath of the Coman case.
Read more:
- Read previous posts on freedom of movement
- Read ILGA-Europe’s Q&A on the Coman case
Tags: freedom of movement
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2010 The European Parliament's Intergroup on LGBTI Rights