Rainbow Digest January 2023

Landmark judgements from European Courts, progressive LGR reforms in Spain and Scotland, and much more…

 

Help transform realities for LGBTI communities across Europe and Central Asia.With your support we can do more. Make change happen here.

No. 328. January 2023. In this issue…

ILGA-Europe

Employment

Family

Freedom of expression

Health

Legal gender recognition

Sexual and reproductive rights

Notice board

 

ILGA-Europe

New report on rule of law in the EU

On 26 January, ILGA-Europe published its report of submission to the European Commission on rule of law. The submission covers developments in eight EU Member States as regards rule of law developments in the countries which have had an impact on the fundamental rights of LGBTI people and their democratic participation. The largest attacks which we have highlighted to the EC are anti-LGBTI bias, harassment and intimidation of LGBTI human rights defenders, anti-LGBTI legislation, judgments not being implemented, hate crimes not being investigated.
Read more on our blog summarising the report.
Download your own copy of the report.
 

Join our team as a new Advocacy Officer

We are looking for an Advocacy Officer to lead on building alliances with actors who are central in translating human rights principles, laws and policies into practice to create change in the lived realities of LGBTI people. We are particularly interested in building alliances with organisations and/or institutions who are active in addressing socio-economic inequalities, as well as actors who can contribute to more effective implementation of existing policies regarding LGBTI human rights in the region.
Read more and apply by 16 February.
 

Apply for the consultancy to conduct legal research on conversion practices

We are seeking a consultant or team of consultants to assess the legal frameworks and relevant risks of bans which do and do not include banning conversion therapies for adults. In recent years, there is increasing interest in legislation relating to conversion practices (i.e. so-called “conversion therapies”), with a number of States in Europe and Central Asia seeking to ban these practices. Arising in these discussions is the issue of the ability to adults to consent to conversion practices, and whether legislation should ban the practices for minors only or for all persons.
Read more and apply before 26 February.
 

Resources on connecting with media for LGBTI activists

As part of our current Strategic Communications programme, our latest Skills Boost sessions focused on media relations. To get stories that aren’t headline-grabbing out there, building a good relationship with journalists is vital for activists. However, the ever-changing media landscape, activist workloads, juggling advocacy and community needs, and emergencies that arise so often, make it difficult for activists to connect, and stay connected with media representatives. ILGA-Europe’s media officer, Ana Muñoz walked participants through a part of her daily routine.
Read our blog post talking through the learnings of the session.
Watch the recording of the session.
 

Night of live music for ILGA-Europe

Are you based in or near Milan? Don’t miss out on a night of live music in support of ILGA-Europe produced by Beats for Relief. The benefit concert will take place Wednesday 1 March at the beautiful Doping Bar in Milan, featuring a live performance by Ash Bates. The event is part of a series of benefit concerts raising money for Oxfam, Italian Climate Network and ILGA-Europe.
Read more and get your ticket.

Employment

After Polish case, CJEU rules to protect self-employed workers based on sexual orientation

On 12 January, the Court of Justice of the European Union (CJEU) ruled that sexual orientation cannot be a reason to refuse or conclude a contract with a self-employed worker. In its judgement, the CJEU holds that the Directive 2000/78 must be construed broadly, covering the access to any occupational activity, even if the worker is self-employed under contract with an employer. According to ILGA-Europe’s Head of Litigation, Arpi Avetisyan, “The judgement clarifies that EU law protects from discrimination based on sexual orientation also for self-employed and thus reinforces the protection against discrimination equally for the self-employed across the EU”.
Read more.

Family

European Court delivered judgement in favour of legal protection for same-sex couples

On 17 January, the European Court of Human Rights (ECHR) delivered a judgement on the case of in Fedotova v Russia, reiterating the Council of Europe States’ positive obligation under the ECHR Article 8 to ensure legal recognition and protection for same-sex couples by putting in place a “specific legal framework.” The case concerned the Russian authorities’ refusal to ensure legal recognition and protection for the applicants as same-sex couples. The Court concluded that the respondent State had overstepped its margin of appreciation and had failed to comply with its positive obligation to secure the applicants’ right to respect for their private and family life.
Read the judgement in full.

Turkish Parliament to discuss to redefine marriage as a union between a man and a woman

On 25 January, the European Parliament’s LGBTI Intergroup issued a press release regarding Turkey’s leading party’s proposals to amend the Constitution on the grounds of ‘constitutional guarantee for the headscarf and protection of the family’. The proposals seek to redefine marriage by stipulating that “marriage shall consist only of the union of a man and a woman”. THe LGBTI Intergroup said “Draft amendments to the Turkish Constitution threaten to further rollback on LGBTIQ rights and violate European Convention on Human Rights.”

Freedom of expression

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

On 23 January, the European Court of Human Rights ruled that labelling a book of fairy tales as harmful to children solely because of LGBTI content breaches the European Convention. The case concerned a book that was entitled ‘Amber Heart’ (‘Gintarinė širdis’), and contained fairy tales with story lines about relationships and marriages between persons of the same sex. The publishing house suspended distribution of the book in March 2014. A year later distribution was resumed, with the book bearing a warning label that it might be harmful to children under 14 years of age.


Health

Ukraine adopts a new law protecting people living with HIV

On 12 January, the Parliament of Ukraine adopted a draft law on combating the spread of diseases caused by HIV, and legal and social protection of people living with HIV. The law revokes the “risk groups” but introduces “risky practices” and guarantees universal access to HIV-related services for everyone, including people without Ukrainian citizenship and refugees.

How does ideal HIV combination prevention look like to you?

ILGA-Europe joined European AIDS Treatment Group (EATG) and 7 other international organisations to conduct a survey of individuals belonging to and/or working with populations most affected by HIV in Europe and Central Asia. This community survey seeks to understand specific community perspectives on how HIV combination prevention services are designed and delivered at local level. The survey is anonymous, available in English and Russian and takes about 10 minutes to complete.

Armenia revokes ban on gay men for blood donation

On 16 December 2022, the Minister of Health of Armenia issued a ministerial order changing the procedures to donate blood and lifting the ban on gay men for blood donation. The new procedure introduces the requirement of “not having sex with a non-permanent partner in the last 6 months.” The new changes are the results of advocacy works of the Community, Rights, Gender (CRG) work group of Country Coordinating Mechanism against HIV/AIDS, Tuberculosis and Malaria (CCM), where LGBTI activists were part of.

Legal gender recognition

Spain is one step closer to a legal gender recognition law based on self-determination

On 22 December, the Spanish Parliament approved the LGTBI and trans laws with a final vote expected in February. The trans law regulates legal gender recognition based on human rights standards. Among other improvements, LGTBI law will ban conversion therapies and intersex genital mutilations and provide medically assisted reproduction for lesbian, bisexual and trans and non-binary people with the capacity to become pregnant. (Photo: FELGTBI+)

Scottish Parliament adopted legal gender recognition reform

On 22 December, the parliament of Scotland adopted a reform on legal gender recognition based on self-determination. The reform improves the system by giving trans people over 16-years-old being able to apply for a Gender Recognition Certificate in an easier, transparent, and just procedure. The adopted changes would come into effect after the government develops the new systems created by the Bill, however on 16 January the UK Government wrote to the Scottish Government to say that they would be using section 35 of the Scotland Act to block the Gender Recognition Reform. (Photo: Scottish Trans)

Sexual and reproductive rights

Open letter to the MEPs to reject any attempts to criminalise sex work

In an open letter published on 10 January, 170 organisations, including the members of the Coalition on Sex Workers’ Rights and Inclusion, called on the Members of the European Parliament to reject any attempts to criminalise any aspect of sex work as a part of the Violence Against Women and Domestic Violence Report, that is currently negotiated in the European Parliament.

Notice board

New call for proposals on combating violence against children

The European Commission published a new call for proposals to prevent and combat gender-based violence and violence against children. The call will finance a limited number of transnational, national or regional actors/intermediaries which will build the capacities of and re-grant to civil society organisations active at local, regional, national level. Through this mechanism, EU funding should help organisations active in preventing and combating all forms of gender-based violence against women and girls and all forms of gender-based violence, including against LGBTIQ people, women and children in the migration context, as well as different forms of violence against children.
Read more and apply before 19 April.

Join the steering committee for the research project on gambling harm amongst LGBT+ people

A group of researchers at the University of Brighton, UK is pursuing an academic research on the gambling harm in LGBT+ people. The study aims to review the lived experience of LGBT+ people as they access support and the promising practices that might help address harmful gambling. For this research, they are looking for steering group members who will involve joining two virtual meetings of about an hour and sharing any knowledge of organisations who work in the field.
If you’re interested, contact Laetitia Zeeman.

Systemic Justice is looking for a Head of Communications

Systemic Justice, an organisation in Europe that works with community partners on strategic litigation by taking a community-driven and intersectional approach, is now looking for a Head of Communications. They offer competitive fees, flexible working hours, and a creative and professional work environment. The Head of Communications will be responsible for the strategic development and implementation of Systemic Justice’s communication strategy.
Read more and apply before 5 February.

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