EU Archives - Equalityvoices.org

LGBTQ+ Rights at the Crossroads in the Netherlands Elections

The Netherlands, once a trailblazer in LGBTQ+ rights, faces a pivotal moment in its upcoming general election. The far-right Freedom Party (PVV), led by Geert Wilders, has experienced a surge in the polls, raising concerns among campaigners about the potential rollback of transgender rights.

Current State of LGBTQ+ Rights

In 2001, the Netherlands was the first country to legalize same-sex marriage. However, its progress has since slowed, currently ranking 14th in Europe for LGBTQ+ rights. Issues such as lack of hate crime protection, the continuation of intersex surgeries, and stagnant anti-discrimination legislation have been points of concern.

The Controversy Over Intersex Surgeries

Intersex surgeries, which are banned in many European countries, are still performed in the Netherlands. These procedures are carried out on individuals born with atypical chromosomes or sex characteristics, often without their consent.

The Need for Expanding Anti-Discrimination Laws

Campaigners are pushing to broaden anti-discrimination laws to include asexual, trans, and intersex people. A bill to simplify the gender change process through self-determination has been stalled in parliament.

Online Hate on the Rise

A report by De Groene Amsterdammer indicates a significant increase in online hate against the LGBTQ+ community, particularly targeting trans individuals. This trend underscores the need for protective measures and societal support.

Political Parties’ Stance on LGBTQ+ Rights

The leading parties in the polls are the Conservative-liberal VVD, the far-right PVV, and the Dutch Left (GL|PvdA). The VVD and GL|PvdA have pledged LGBTQ+ reforms, including banning conversion therapy and introducing an ‘X’ marker in passports. However, the PVV has expressed resistance to certain trans rights, criticizing gender policies in schools and diversity initiatives.

The Far-Right’s Ambiguous Position

While the PVV claims to support gay rights as part of Dutch society, it takes a stand against some trans rights, describing school teachings on gender as “indoctrination.” This stance raises alarms about the potential impact on LGBTQ+ rights if the PVV gains more influence.

Concerns Raised by Advocates

Human rights organizations express apprehension that a potential coalition led by right-wing conservatives may pose serious risks to the advancements of LGBTQ+ rights. They highlight particular anxieties over the neglect of transgender healthcare access and the safeguarding of online environments. The growing influence of smaller conservative groups such as the Farmer–Citizen Movement (BBB) and Forum for Democracy (FvD) is also seen as a possible hindrance to the progress made in LGBTQ+ rights.

The Potential Consequences of Political Changes

Advocates are raising alarms about the implications of the anti-transgender stances held by parties like the PVV, BBB, and the FvD. They caution that such views, if they become more widely accepted and mainstream, could lead to widespread discrimination against transgender individuals. This political shift could have far-reaching effects, possibly undoing years of advancement in the fight for LGBTQ+ rights.

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News

French Senate Debates Historic Apology for Anti-Gay Laws

Bernard Bousset, now 82, vividly recalls the discriminatory ordeal he faced in 1964, which highlights the impact of France’s homophobic laws. After a minor theft incident, Bousset found himself charged under a law that set different ages of consent for homosexual and heterosexual sex, a remnant from Vichy France’s Nazi-collaborative regime. The conviction led to public shaming, family ostracization, and profound personal shame, encapsulating the traumatic experiences of many gay men during that era.

A National Reckoning

The French Senate is set to debate a bill that, if passed, would formally apologize to the estimated 10,000 individuals, predominantly gay men, who were convicted under homophobic laws between 1942 and 1982. The proposed legislation includes financial compensation for victims of two specific laws: the Vichy-era legislation that discriminated against homosexual relationships and a 1960 law that labeled homosexuality a “social scourge.”

The Devastating Impact of Discriminatory Laws

Victims of these laws often faced fines, imprisonment, and severe social repercussions, including job loss, forced relocation, and in extreme cases, suicide. High-profile cases like that of singer Charles Trenet, who was imprisoned in 1963, brought the issue into the public eye, yet the stigma and persecution persisted.

A Step Towards Justice

Hussein Bourgi, the Socialist lawmaker behind the bill, emphasizes the urgency of delivering justice to the surviving victims of these oppressive laws. The bill aims to align France with other European nations that have recently acknowledged and apologized for similar homophobic legislation, such as the UK’s “Turing Law” and Germany’s apology to victims of Nazi-era anti-gay laws.

Delayed but Necessary Acknowledgment

Régis Schlagdenhauffen, an assistant professor at the School for Advanced Studies in the Social Sciences, notes that France is behind other countries in addressing this injustice. He advocates for official recognition of the wrongs committed while some victims are still alive, enhancing the nation’s moral stature.

Challenges and Limitations of the Proposed Law

While the bill offers hope, its passage is uncertain, with mixed reactions in the Senate and stipulations for living victims’ compensation. Critics like Antoine Idier argue that the bill should also recognize those convicted under pre-1942 laws, which indirectly targeted homosexuals.

A Painful Legacy Continues

For individuals like Mr. Bousset, the bill, though a positive step, comes too late to erase years of suffering and stigma. His continued discomfort in heterosexual environments underscores the long-lasting impact of these discriminatory laws.

A Nation’s Moral Obligation

As France debates this significant bill, it faces the moral responsibility of acknowledging and rectifying past injustices against its LGBTQ+ community. The outcome will be a testament to the country’s commitment to equality and justice for all its citizens.

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Legislation

Hungary’s Controversial National Consultation Targets EU Policies

In a move sparking widespread debate, Hungary’s right-wing populist government, led by Prime Minister Viktor Orbán, has issued a new “national consultation.” This informal survey, sent to Hungarian citizens, seeks their opinions on divisive topics, including migration, LGBTQ+ rights, and support for Ukraine. Notably, many of these questions appear to be angled against the European Union (EU) policies.

EU-Hungary Tensions Over Aid and Sanctions

A critical point in the survey is the question on whether Hungarians would support blocking the EU’s €50 billion aid package to Ukraine. This is posed under the condition that the EU releases billions in frozen funds to Hungary. The EU has withheld these funds over concerns regarding Hungary’s adherence to rule-of-law and human rights standards. In retaliation, Orbán has accused the EU of imposing policies on Hungary.

Stance on Ukraine and Russia

The survey also highlights Hungary’s position on Ukraine’s EU ambitions and the ongoing Russian invasion. Hungary has refrained from supplying weapons to Kyiv and opposed EU sanctions against Moscow. The survey insinuates that Hungary should not extend further support to Ukraine until the EU funds are released, a stance reflecting the government’s current foreign policy.

Previous Surveys and Propaganda Claims

This is not the first instance of Orbán’s government conducting such a survey. Since 2010, similar polls have been circulated, often criticized as manipulative propaganda tools. They tend to push respondents towards the government’s preferred answers, usually taking a combative stance against EU policies.

Loaded Questions on Migration and LGBTQ+ Rights

The survey includes questions suggesting the EU’s intent to create “migrant ghettos” in Hungary and accuses the EU of spreading “aggressive LGBTQ propaganda.” These questions are seen as efforts to sway public opinion against the EU’s migration plans and its stance on LGBTQ+ rights.

Limited Impact but Consistent Government Support

Although the survey’s outcomes have no legal standing and traditionally see a response rate of less than 20%, the results typically show overwhelming support for the government’s viewpoint. Every Hungarian voter will receive the survey by mail, with a deadline of January 10, 2024, to return their responses.

The national consultation reflects ongoing tensions between Hungary and the EU, highlighting deep divisions over key political and social issues. The survey’s results, though not legally binding, will likely influence Hungary’s future policy directions and its relationship with the European Union.

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News

Latvia’s Contentious Partnership Bill: A Potential Referendum on the Horizon

Latvia’s political landscape is currently witnessing a significant development regarding the rights of rainbow families. President Edgars Rinkēvič has exercised his constitutional authority to halt the newly passed partnership bill. This decision follows a wave of criticism and a request from over a hundred lawmakers urging the President to block the legislation.

The Path to a National Referendum

This presidential intervention could pave the way for a national referendum on the partnership bill. The Latvian Constitution grants the President the power to freeze legislation under certain conditions, and this move by President Rinkēvič aligns with such provisions. The next few weeks are crucial as lawmakers opposed to the bill scramble to gather enough support to initiate a referendum.

Parliament’s Initial Approval and the Bill’s Provisions

The bill, which narrowly passed in the Latvian Parliament earlier this month, came in response to a directive from the Constitutional Court demanding enhanced protection for rainbow families. As reported by LSM, the bill proposes that two adults in a close personal relationship, sharing a household, could formalize their partnership through a notarial agreement. Notably, the bill explicitly clarifies that this partnership does not equate to or replace marriage.

Rising Opposition and the Road to Referendum

The legislation immediately faced opposition upon its passage on November 9. Critics, primarily from opposition parties, swiftly moved to persuade the President not to sign the bill, advocating instead for a public referendum. They now face the challenge of collecting at least 154,241 signatures to trigger a referendum. The referendum, if it occurs, will be binding only if it draws participation from at least half the number of voters from the last election. Should the majority reject the law in the referendum, it will be repealed.

Potential Outcomes and Future Implications

If the opposition fails to gather the necessary signatures, or if the majority supports the bill in a potential referendum, the President will proceed to promulgate the law. Proponents of the bill are hopeful that, despite these hurdles, it will become enforceable by July 2024.

A Nation at a Crossroads

Latvia stands at a critical juncture, grappling with the societal and political implications of recognizing partnerships beyond traditional marriage. The proposed legislation and the ensuing debate reflect broader issues of LGBTQ+ rights and societal acceptance within the country. The coming weeks will be pivotal in determining whether the bill will be put to a national vote, marking a significant moment in Latvia’s approach to equality and inclusion for rainbow families.

The unfolding events in Latvia underscore the complex interplay between legislative processes, societal values, and individual rights. As the nation anticipates the possibility of a referendum, the world watches to see how Latvia navigates these contentious waters, balancing the push for progress with the pull of traditional values.

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Legislation

Ukraine’s Progress in LGBTIQ Rights Highlighted in European Commission Report Amid EU Accession Talks

Brussels, Belgium – In a significant development, the European Commission’s latest report on Ukraine’s readiness to join the European Union has given considerable attention to the issue of LGBTIQ rights. The section titled “Rule of Law and Fundamental Rights” sheds light on the achievements and challenges faced by Ukraine in this crucial area.

Sustained Progress and Societal Acceptance

The report notes a continued trend of increasing tolerance and acceptance of LGBTIQ individuals in Ukrainian society over the past decade. This positive change is underscored by a significant decrease in attacks and hate crimes against LGBTIQ persons, with a 44% reduction since 2020. Surveys conducted in 2022 also indicate a majority support for same-sex partnerships and equal rights for the LGBTIQ community.

Government Support and Legislative Reforms

The Ukrainian government has been vocal in its support for LGBTIQ rights, taking a firm stance against hate crimes and discrimination. In a show of solidarity, Kyiv Pride was held in Warsaw on June 25, 2023, in conjunction with the city’s Equality Parade. This event highlighted both support for Ukraine and the rights of LGBTIQ persons.

Legislatively, steps have been taken to protect against discrimination based on sexual orientation. The Labour Code already provides some protections, and recent reforms are set to bolster these rights further. The media law, enacted on December 15, 2022, prohibits hate speech and incitement based on sexual orientation and gender identity in media. Additionally, the National Human Rights Action Plan 2021-2023 outlines significant advancements for the LGBTIQ community, including amendments to the Criminal Code and proposals for laws protecting the rights of unmarried partners.

Addressing Legal Recognition and Protection

A critical focus of the report is the need to amend the Family Code to eliminate discrimination against same-sex couples. A draft bill for the legalization of same-sex marriage, introduced in March 2023, is expected to be approved by the end of the year. This move is in line with the June 1, 2023, judgment by the European Court of Human Rights, which mandates equal treatment for same-sex couples in Ukraine.

Towards a More Inclusive Future

While the protection of LGBTIQ rights is just one of many criteria for EU membership, it represents a significant aspect of Ukraine’s alignment with European standards. The direct mention of the need to amend discriminatory provisions in the Family Code marks a milestone in the European Commission’s approach. This inclusion, influenced by data and recommendations from the Nash Svit Center, underscores the importance of LGBTIQ rights in the broader context of human rights and societal progress.

As Ukraine continues on its path towards EU membership, addressing the rights of LGBTIQ people emerges as an integral part of its journey, reflecting not only a commitment to legal reforms but also a broader societal shift towards inclusivity and equality.

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News

Persistent Violence Against Trans and Gender-Diverse People Highlighted in TGEU Report as Trans Awareness Week Commences

As Trans Awareness Week kicks off, a new report from Transgender Europe (TGEU) sheds light on the ongoing and distressing pattern of violence targeting transgender and gender-diverse individuals. Despite advancements in transgender rights, the number of murders remains alarmingly high, with no indication of decline.

Global and Regional Overview

The report reveals that globally, over 320 trans and gender-diverse people have been reported murdered between October 2022 and September 2023. This figure is expected to exceed the total count of the previous year. In Europe, there have been 16 such murders, reflecting the global scope of this issue. This year marks the first time that Armenia, Belgium, and Slovakia have reported murders of transgender individuals.

Challenges in Accurate Reporting

TGEU suggests that these statistics likely fall short of the actual figures, as many trans and gender-diverse victims are not correctly identified in death reports. The higher reported numbers in Latin America and the Caribbean are attributed to more effective monitoring systems, hinting at a potentially larger hidden crisis in regions with less thorough reporting.

Work, Race, and Violence

Globally, nearly half of the murdered trans individuals, where occupation data is available, were engaged in sex work. This figure rises to 78% in Europe. Additionally, there’s been a 15% increase in racially motivated murders compared to the previous year, predominantly affecting Black trans women and transfeminine individuals.

Youth and Migrants at Risk

Most victims were below the age of 25. In Europe, nearly half of the murdered trans individuals were migrants or refugees, underlining their increased risk, especially in areas of conflict.

Multiple Layers of Discrimination

The report underscores that these murders stem from a complex mix of factors, including lack of adequate hate crime laws, insufficient access to health care, housing, and employment, and widespread institutional discrimination. The high number of trans women of color and trans sex workers, especially those who are migrants or refugees in Europe, highlights the overlap of misogyny, racism, xenophobia, and discrimination against sex workers.

Ubiquitous Threat

The study indicates that 28% of the murders occurred on the streets, and 26% in the victims’ own homes, pointing to the ubiquitous risks faced by trans and gender-diverse individuals in both public and private settings.

Urgent Need for Awareness and Measures

TGEU stresses that these figures represent just a portion of the actual scenario, with many incidents going unreported or unnoticed. This grave reality underscores the need for heightened global awareness and proactive steps to tackle the deep-rooted issues contributing to such extensive violence against the transgender community.

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News

Trans Rights in Europe: A Mixed Picture of Progress and Challenges

In the ongoing discourse about transgender rights, European countries present a mixed picture. Some nations are lauded for their advancements, while others, such as Slovakia and the UK, are critiqued for lagging behind.

Japan’s Landmark Ruling

A recent development in Japan has put a spotlight on trans rights globally. The Asian nation’s Supreme Court ruled that requiring transgender people to undergo surgery for official gender change is unconstitutional. This ruling by Japan’s top court challenges the constitutionality of the nation’s 2003 law, a move long advocated for by rights groups.

Europe’s Progress and Backlash

A report from Transgender Europe (TGEU) highlighted the progress in European trans rights, especially in 2022 and 2023. However, this progress is contrasted with an increasing anti-trans backlash from certain governments and media outlets. TGEU warns that the risk of regression remains a significant concern.

Countries at Different Stages

While Spain, Moldova, Andorra, Finland, and Iceland have been praised for their development in trans rights, with Iceland topping the ranking, nations like Slovakia face the risk of regression. Ongoing debates in Slovakia revolve around possibly banning legal gender recognition. Romania, Latvia, Lithuania, Cyprus, Belarus, and Bulgaria are also considered weak in protecting trans rights.

Spain’s Significant Changes

Spain’s comprehensive law, which includes employment protections and discrimination based on gender expression, showcases major advancements. The country has adopted legal gender recognition based on self-determination. However, there’s criticism for excluding nonbinary individuals from these changes.

Self-ID in Europe

As of March 2023, 11 European countries have legal gender recognition procedures based on self-determination. These include Belgium, Denmark, Finland, Iceland, Ireland, Luxembourg, Malta, Norway, Portugal, Spain, and Switzerland.

The UK’s Controversial Stance

The UK is perceived as falling behind, with recent actions by Prime Minister Rishi Sunak and his government drawing criticism. The blocking of a Self-ID bill by the Westminster government and the proposed plans to ban gay and trans conversion practices have sparked concerns and debates within the country.

Need for Action Beyond Listening

TGEU criticizes many EU member states for failing to meet obligations to trans people. They emphasize the importance of action beyond just dialogue with governments. Additionally, nine countries are cited for failing to provide adequate asylum protection, violating EU law.

SETA’s View from Finland

Pekka Rantala, chairperson of SETA, Finland’s leading LGBTI rights organization, shares that despite Finland’s progress, challenges persist due to conservatism and aggressive anti-trans social media campaigns. However, he remains hopeful, suggesting awareness campaigns, training, and combating hate speech as key actions for improvement.

Conclusion

The situation for transgender rights in Europe is complex, marked by significant progress in some countries and challenges in others. The varied approaches to trans rights and the ongoing discussions highlight the need for continued advocacy, legal reform, and societal acceptance to ensure the rights and protection of the transgender community across the continent.

Community

Spain’s Groundbreaking ‘Transgender’ Law: A Step Forward for LGBTIQ+ Rights

Spain has taken a monumental step in LGBTIQ+ rights with the enactment of a new national law titled “Real and Effective Equality for Trans People.” Effective from March 2, 2023, this law revolutionizes the process of changing gender identity in official records. It removes the previous requirements of hormonal treatment and a medical diagnosis of gender dysphoria, making Spain one of the few European nations to adopt such progressive measures.

Personal Stories of Transition and Hope

Euronews reporters Valerie Gauriat and Davide Rafaelle Lobina spoke to individuals in Madrid who are directly impacted by the new law. Ezekiel, a 23-year-old aspiring firefighter, shared his journey of gender transition and the emotional challenges he faced. The new legislation has brought him relief, facilitating his official recognition as a man and simplifying various aspects of his life, from job applications to his dream of becoming a firefighter.

Self-Determination at 16

A remarkable aspect of Spain’s law is the empowerment of individuals as young as 16 to declare their gender identity, with parental consent required only for those under 12. This law aligns with Spain’s progressive stance on other youth rights, such as employment, sexual relations, and abortion, and is seen as a significant step in respecting and acknowledging young people’s understanding of their gender identity.

Controversies and Concerns

However, the law has not been without controversy. Critics like Vicenta Esteve Biot of the General Council of Psychology of Spain argue that the removal of medical and psychological assessments for sex changes might lead to hasty decisions without adequate reflection or professional guidance. This highlights the ongoing debate around the balance between self-identification and medical oversight in gender transition processes.

Changing Lives and Societal Views

Encarni Bonilla Huete, the president of the Chrysallis Association, speaks to the transformative impact of the law on families with transgender children. Her 12-year-old son Marc’s experience underscores the importance of familial support and societal acceptance in the lives of trans youths. Marc’s story is a testament to the positive change in personal well-being and family dynamics when transgender individuals can live openly and authentically.

Conclusion: A Landmark for Diversity and Acceptance

Spain’s new transgender law represents a significant advancement in legal and social recognition of gender diversity. It stands as a beacon of progress in the European Union, challenging societal norms and promoting a more inclusive and accepting environment for transgender and non-binary individuals. As Spain leads the way, the law’s implementation and its impact on trans individuals and their families will be closely observed and potentially serve as a model for other nations striving for greater LGBTIQ+ equality.

Legislation

Navigating the Varied Landscape of Trans Healthcare for Minors in the EU

The access to gender-affirming healthcare for transgender, intersex, and non-binary minors varies significantly across the European Union. While some countries offer relatively straightforward pathways, others pose substantial barriers, creating a disparate landscape for young trans individuals seeking care.

France: A Case of Conditional Accessibility

In France, minors can access gender-affirming treatments like puberty blockers and hormone replacement therapy (HRT). However, the process often involves lengthy psychological assessments, creating potential delays. Alex’s story, a young French individual, illustrates a best-case scenario where familial support and age facilitated quicker access to treatment, but many others face longer waits.

Spain’s Progressive Stance

Spain recently enacted legislation to simplify the process for individuals over 16 to legally change their gender markers, marking a significant step forward for trans rights. This law has positioned Spain as one of the best places in Europe for trans healthcare, according to Transgender Europe (TGEU).

Ireland’s Contradictory Situation

Ireland presents a stark contrast, where despite legal provisions for gender self-declaration, practical access to trans healthcare is severely limited. Young people face a backlog of up to seven years in the healthcare system, effectively delaying access to gender-affirming care until adulthood.

The Swedish and Finnish Approaches

Sweden and Finland have taken different paths, with Sweden recently restricting hormone therapy for minors under 18 and Finland eliminating the sterilization requirement for adults changing their gender markers.

The Rising Tide of Violence and Hate Speech

The past year has seen an alarming increase in violence against the LGBTQ+ community in Europe, with several high-profile attacks and murders of trans individuals. This surge in violence accompanies a rise in hate speech against trans people across various European nations.

The Struggle for Recognition and Respect

The experiences of young trans individuals like Alex highlight the importance of societal recognition and respect for their identities. Access to hormones is crucial, but societal acceptance and familial support play a pivotal role in their well-being.

Conclusion: A Diverse European Landscape

The situation across the EU underscores the diversity of approaches to trans healthcare, influenced by political, social, and cultural factors. While some countries are making significant strides toward inclusive and accessible healthcare for trans minors, others lag behind, creating a complex and often challenging environment for these young individuals to navigate.

Community

German Government Proposes Progressive Law for Gender Identity Recognition

In a significant move, the German government has approved a proposal to introduce a new law of self-determination, significantly simplifying the process for trans, intersex, and non-binary individuals to legally change their name and gender. This proposal seeks to update the existing law from the 1980s, which currently requires two psychological evaluations and a district court’s decision.

A Milestone for LGBTQ+ Rights

Family Minister Lisa Paus hailed the decision as a landmark moment for transgender and intersex people in Germany. The proposed law would enable individuals to change their legal gender and name by submitting a self-disclosure form at government registry offices, doing away with the current, more cumbersome process.

Children and Minors Included in the Proposal

The new law includes provisions for minors. Parents can submit the necessary documentation for children under 14 years old, while minors aged 14 and above can submit the form themselves, provided they have parental consent.

Safeguards and Controversies

To ensure the seriousness of the requests, the law stipulates a three-month waiting period for the change to be validated and requires a one-year interval before a new change request can be made. Despite its progressive stance, the proposal has sparked controversy, with opposition from the conservative CDU-CSU and some feminist groups, who argue that the coalition government’s approach is too extreme.

Justice for Gender Identity

Justice Minister Marco Buschmann emphasized the need for the state to respect individuals’ gender identities, criticizing the current law as undignified and harassing towards transgender people. The new law is expected to protect long-discriminated-against minorities and marks a significant socio-political advancement.

A Step Towards European Standards

If passed, Germany will join the ranks of a few European countries, such as Belgium, Spain, Ireland, Luxembourg, and Denmark, that have embraced the legal principle of self-determination regarding gender identity. The “Self-Determination Act” remains a flagship initiative of Chancellor Olaf Scholz’s government and is pending approval in the country’s Parliament.

Legislation

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