Rainbow Digest July 2024
The Turkish LGBTI+ community courageously and creatively resists bans on Pride events
The Turkish LGBTI+ community resists bans on Pride events
This year’s Pride season in Turkey saw continued bans on LGBTI+ themed events, as well as police repression, as the government continues to disregard the fundamental right to freedom of assembly and expression for LGBTI+ people. LGBTI+ activists across the country stepped up their tactics to avoid police repression, bans and arrests as much as possible.
What European countries might soon start recognising non-binary people?
As of 2024, only a few European countries officially recognise non-binary gender markers. Iceland and Germany lead the way, allowing non-binary people to have their identities legally acknowledged. Denmark partially acknowledges non-binary identities, though issues remain, particularly in areas like the healthcare sector. But which countries are next?
- On 12 July, the Maltese Parliament decided to allow non-binary people to have X marker on their birth certificates. Before these amendments, non-binary identities were only recognised on certain ID documents such as passports, but birth certificates didn’t have a third gender marker option. The new amendments will come into effect on 12 September.
- On 11 July, the Advocate General of the Court of Justice of the European Union gave his opinion confirming that the French national railway company should stop collecting its passengers’ civil titles. This landmark case could set a precedent across the European Union.
- On 3 July, the Italian Constitutional Court found that non-binary persons’ rights are protected under the principles of social identity, equality of citizens and the right to health as guaranteed by the Italian Constitution. The Court did not, however, recognise a right not to be registered under a gender-binary system in Italian civil registries.
ILGA-Europe news
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Latest news
BODILY INTEGRITY
A concerning court decision in Germany allowed unnecessary surgical interventions on an intersex baby
The court misused the 2021-dated law that bans intersex genital mutilation and failed to take into account the child’s right to bodily integrity. It approved interventions that do not address actual health risks, hence failing to comply with the limits set by the German law.
EQUALITY AND NON-DISCRIMINATION
European Court’s disappointing decision on the human rights of sex workers
On 25 July, the European Court of Human Rights (ECtHR) ruled that France has not violated the European Convention on Human Rights with its criminalisation legislation in relation to sex work. In December 2019, more than 250 sex workers took their case to the ECtHR to challenge whether the criminalisation of clients was compatible with their fundamental rights.
Civil society calls on EU leaders to include equality and non-discrimination as central priorities
More than 140 civil society organisations across the EU joined together to call on EU leaders to include equality and non-discrimination as central priorities in the EU work programme for the next five years.
The European Commission against Racism and Intolerance releases new country reports
ECRI published its country reports on Bosnia and Herzegovina, Malta, San Marino, and Serbia in which they urged the governments to act on priority areas, including several issues related to the human rights of LGBTI people.
FAMILY
European Court rules that Russia’s trans parent’s foster-care termination violates family rights
The case concerned a Russian transgender man whose two foster children were removed from his home on account of his gender identity and transition.
FREEDOM FROM TORTURE
A gay man who was forced to flee Turkmenistan talks about atrocities in the country
David Omarov has publicly come out talking about atrocities the LGBTI community faces in Turkmenistan. David managed to flee the country and has recently obtained asylum in the EU. In his blog page, he says he was arrested and tortured in Turkmenistan for being gay and also charged with “disseminating AIDS”, while imprisoned in 2019. Consensual same-sex relations between men are illegal in Turkmenistan and punishable with up to two years of imprisonment.
FREEDOM OF EXPRESSION
The fight against Georgia’s foreign agent law and anti-LGBTI legislation
The combination of both the foreign agent law and new anti-LGBTI legislation would render the functioning of LGBTI civil society organisations and activists in Georgia almost entirely impossible. Georgian civil society organisations, including LGBTI organisations, are fearful that more legislation will be adopted which will target civil society and democratic checks and balances.
A Kazakh choreographer faces criminal charges over high heel dance in a yurt
In a video that went viral, Alisher Sultanbekuly performed a dance in a traditional-style outfit typically worn by women and high heels in a yurt (a traditional nomad hut). The Kazakhstan’s Prosecutors Office announced that an investigation had been launched and the choreographer could potentially face seven years in prison on charges for “instigating social, national, ancestral, racial, class, and religious hatred”.
HATE CRIME AND HATE SPEECH
Latvia failed to protect human rights of victim of a homophobic attack, European Court finds
The European Court of Human Rights made a judgement in a case where the Latvian authorities declined to prosecute an anti-LGBTI attack as a hate-motivated offence. This judgement sends a strong signal in recalling State’s positive obligations in effectively addressing hate crimes against LGBTI people.
LGBTI organisations are under attack in North Macedonia
Ekvalis, an LGBTI organisation in North Macedonia, has been subjected to threats of violence and death threats due to the inflammatory rhetoric of anti-gender actors, resulting in the forced relocation and 24/7 security of their summer school. This incident is an example of many attacks against LGBTI organisations, human rights defenders, and their allies taking place all too regularly in North Macedonia, due to largely unchecked violence and misinformation spread by the anti-gender movement.
LEGAL GENDER RECOGNITION
Trans woman should have been allowed access to hormone therapy in prison, says European Court
The European Court of Human Rights passed judgement in a case concerning the refusal by Polish authorities to allow a trans woman to continue hormone therapy in prison, although she had already undergone such therapy for nearly one and a half years in two previous prisons.
European Court confirms requirement for legal gender recognition in Bulgaria despite rejected complaint
On 4 July, the Court published its decision on a case that the applicant had failed to inform the Court at the time of his success in obtaining legal gender recognition from another Bulgarian court and therefore retroactively found the case to be inadmissible, it still emphasised that Bulgaria is obliged to set up a robust legal framework for legal gender recognition.
Notice board
- The SPD Parliamentary Group in Germany is organising a conference on queer politics and human rights on 27 September. You can register for the event by 24 September.
- PICUM – Platform for Undocumented Migrants is looking for a Deputy Director who will provide leadership in strategic planning, funding, and implementing programs. You can apply by 12 August.
- EAPN – European Anti-Poverty Network is hiring a Senior Policy & Advocacy Officer with a temporary employment contract for 1 year. You can apply by 1 September.
- ILGA World is looking for a Secretaria Officer for the Equal Rights Coalition, which is an intergovernmental body of States and civil society on human rights of LGBTI persons. You can apply by 5 August.
