Rainbow Digest July 2022

Greece bans intersex genital mutilation, Slovenian court rules for marriage equality, and much more…

 

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No. 322. July 2022. In this issue…

ILGA-Europe

Bodily integrity

EU Enlargement

Equality and non-discrimination

Family

Freedom of expression

Hate crime

Intersectionality

Legal gender recognition

Notice board

 

ILGA-Europe

We are hiring a new Grants and Finance Officer

Are you interested in making and managing grants, and supporting LGBTI groups in Europe and Central Asia in building financial management skills? We are hiring for a position of a Grants and Finance Officer. This role merges financial operations and expense verification tasks with capacity building and administration. Remuneration starts from 51 459€ to 57 397€ per year, gross. We also provide a great set of benefits (incl. many aiming at supporting staff who face intersectional exclusions), and manage the work permit process for non-EU citizens.
Read more and apply before 31 August.
Read more about working at ILGA-Europe.
 

We are looking for a consultant to conduct an inventory of SOGIESC case-law

Since 2010 ILGA-Europe has been conducting an annual inventory of SOGIESC case-law as part of its strategic litigation work. In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members and partners across the region to identify trends and gaps in protection at the European level, which can commonly be tackled through litigation. We are currently looking for a consultant to continue this process.
Read more and apply before 4 September.

Bodily integrity

Greece bans intersex medical interventions on intersex children

On 19 July, surgical and other medical interventions, which until now have been carried out on intersex infants and children, often secretly and without consent, to make their sex characteristics “conform” with “typical” male or female anatomy have been legally banned in Greece. Although this law may not solve all the rights violations experienced by intersex people in Greece, it is an excellent start as it emphatically affirms that intersex rights are human rights. ILGA-Europe encourage the Greek government to complete the process towards full protection.
Read more on Intersex Greece’s press release.

EU Enlargement

EU Parliament takes stock of developments in the Western Balkans

On 6 July, the European Parliament outlined its assessment of the political situation in three accession countries: Bosnia and Herzegovina, Montenegro and Serbia. The report on Montenegro includes calling for full implementation of the registered partnership law, the drafting of an LGR law based on self-determination and ensuring trans people’s access to hormones. The report on Bosnia and Herzegovina includes calling on the government to draft a law on same-sex partnership, for the adoption of the stalled LGBTI Action Plan and for SOGISC to be added as protected grounds to the criminal code. The report on Serbia calls for the adoption of the draft law on same-sex partnerships, action to combat harassment, propaganda and hatred against LGBTI people, including proper investigation & conviction of hate crimes.

Albania and North Macedonia open accession negotiations with the EU

On 19 July, the European Union officially opened accession negotiations with Albania and North Macedonia. This step helps to restore faith in the accession process, and ILGA-Europe look forward to seeing both countries step up efforts to ensure equality for LGBTI people.
Read more.

Equality and non-discrimination

‘Georgia should ensure effective implementation of the anti-discrimination legislation’

On 15 July, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, published a report following her visit to Georgia in February 2022, with recommendations on human rights issues, including combating discrimination against LGBTI people. To ensure that LGBTI people and persons belonging to religious minorities live free from violence and discrimination, the Commissioner calls on the authorities to address the inadequate implementation of legal standards and the persistent deficiencies in combating impunity for hate crimes and incitement to violence, and to remove the discriminatory barriers to the enjoyment of their rights.
 

Step forward with the new law in Andorra

On 21 July, the Parliament in Andorra unanimously approved a law that allows trans people to change their name and gender marker on official documents, and eliminates any distinction between married heterosexual couples or same-sex civil partnerships. However, the law remarks that canonical marriage is only open to heterosexual couples and change of official documents is not fully based on self-determination. ILGA-Europe celebrate these important steps and hope Andorra will continue to push forward LGBTI people’s rights.


Family

Rainbow families have the right to move and reside freely, EU court reiterates

On 24 June, the Court of Justice of the European Union (CJEU) issued a reasoned order establishing that when an EU country has recognised two persons of the same sex as parents of a child, then the EU country of which that child is a national, should issue identity documents to that child with both parent on them, and all EU countries should protect the right to freedom of movement of the child and their family. This is a confirmation of a previous landmark judgement, that of Baby Sara. Poland has been told that it must now provide the child known as Baby Sofia, born in 2018 to Irish and Polish mothers, with identity documents and guarantee her and her parents the right to move and reside freely in the country.

 

Top court in Slovenia rules for marriage equality

On 8 July, the Constitutional Court in Slovenia ruled that bans on same-sex couples getting marrying and adopting children are unconstitutional and ordered its parliament to amend the law within six months to guarantee they can, but until the law is amended its ruling stands as the law and means that marriage is a union between two persons regardless of gender, and same-sex partners living in a civil partnership may adopt a child together under the same conditions as married spouses. Discrimination against same-sex couples “cannot be justified with the traditional meaning of marriage as a union between a man and a woman, nor with special protection of family,” according to the ruling.


Freedom of expression

Hungary to be brought before top EU court for its ban on LGBTI content

On 15 July, the European Commission formally referred Hungary to the Court of Justice of the European Union over discriminatory amendments adopted in June 2021, which ban the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” to under 18s. According to ILGA-Europe’s Executive Director, Evelyne Paradis: “These amendments breach a variety of EU laws in a wide range of areas, and have already had a devastating impact on the rights of LGBTI people in Hungary”.
 

Russian feminist and LGBTI activist Yulia Tsvetkova has been acquitted

On 15 July, Yulia Tsvetkova, a Russian activist facing criminal ‘pornography’ charges for feminist art, was acquitted after a 3-year ordeal. Tsvetkova was charged with with ‘distribution of pornography’ in connection with online dissemination of her feminist drawings. Tsvetkova’s trial began in April 2021 after an investigation during which she was fined for spreading LGBT “propaganda” and put under house arrest. In May of last year, she launched a hunger strike to protest the case against her.

Hate crime

LGBTI centre was attacked in Montenegro

On 23 July, an LGBTI drop-in centre in Podgorica, Montenegro was attacked. The attackers wrote “Death to fags” in red on the door of the center and crossed out the name of the Gay Straight Alliance while writing the same message on the wall and drawing the Nazi symbol. ILGA-Europe condemned the attack and called on authorities and representatives to use all the tools at their disposal to pursue investigations. (Photo by Queer Montenegro)

Intersectionality

EP adopts new report on intersectionality

On 6 July, the European Parliament adopted a new report on intersectional discrimination, focusing specifically on the socio-economic situation of women of African, Middle-Eastern, Latin-American and Asian descent. It stresses the need for EU policymaking to address and eliminate intersecting forms of discrimination; calls for the policies and actions under the Union of Equality to be strengthened, enhanced and adapted if necessary and for an EU framework on intersectional discrimination with cross-cutting objectives and measures to be promoted; recognises the need to mainstream equality and gender equality into EU policies and create inclusive solutions that protect the most marginalised and those facing intersectional discrimination in communities. The report includes clear reference to an LGBTI-inclusive approach to gender-based violence.

Legal gender recognition

New CoE report on legal gender recognition in Europe

On 7 July, the Council of Europe (CoE) published its new report reviewing the progress achieved in European countries in guaranteeing full legal gender recognition (LGR) in all areas of life. The report acknowledges advances in legislation, practices and public attitudes, but progress is slow and additional steps are needed, inter alia, to “depathologise” legal gender recognition, as well as to ensure that family members of the persons concerned are not adversely affected and the children’s best interests duly taken into account.
 

Just three European countries recognise non-binary identities

To mark International Non-binary People’s Day on 14 July, we shared a blog post about the countries that have introduced the registration of gender markers other than male or female, who using no gender markers at all in their official documentation, and those who are working to adapt their systems to recognise non-binary identities in the near future.

Notice board

GATE hires an Executive Director

GATE – Global Action for Trans Equality, is looking for a new Executive Director to build on GATE’s prior successes to continue establishing a dynamic, flourishing, and resilient organisation that shifts power to and meets the needs of trans, gender diverse, and intersex (TGDI) individuals. The new Executive Director will be tasked with leading GATE’s efforts to amplify the voices of TGDI communities and boost TGDI organising resources.
Read more and apply before 16 September.

Stonewall seeks a Policy and Research Officer

Stonewall is hiring for the position of a Policy and Research Officer. For this role they are looking for a person with outstanding administrative and relationship-building skills to ensure the work with politicians is effective and reacts timely to developments in Parliament and Government. You will be able to analyse large amounts of information from a variety of sources and have the written communication skills to turn this into high-quality briefings for a variety of audiences. You will have an interest in the work of Government, Parliament and the Civil Service, and be able to adapt your communication style for their broad range of stakeholders.
Read more and apply before 12 August.

Fill out survey on knowledge and attitudes of young people on contraception

To mark the upcoming World Contraception Day on 26 September and the European Year of Youth, European Parliamentary Forum for Sexual & Reproductive Rights (EPF) is conducting a large-scale study on “Knowledge and Attitudes of European Youth on Contraception”. The study covers young people from 18-30 years and the findings will be presented to European politicians to ensure that policies on contraception are aligned with the real needs of young people. The study will cover all 47 countries of the larger geographical Europe and the questionnaire is available in Arabic, Bulgarian, Croatian, Dutch, English, French , German, Greek, Hungarian, Italian, Polish, Romanian, Russian, Spanish and Turkish.
Fill out the survey by 15 August.