Since 2010, when both the Parliamentary Assembly and the Committee
of Ministers adopted far-reaching texts on how to tackle discrimination
on the grounds of sexual orientation and gender identity, important
positive developments have occurred in some Council of Europe member
States, including the introduction of specific legislative measures,
action plans and strategies.
Despite this progress, however, prejudice against lesbian,
gay, bisexual and transgender persons (LGBTs) is widespread in society.
Discrimination against LGBTs remains a serious problem, as indicated
by repeated infringements of the rights to freedom of expression
and peaceful assembly, and the authorities’ failure to provide protection
against homophobic and transphobic violence. The introduction of
legislation or draft legislation on the prohibition of so-called
homosexual propaganda in countries such as Lithuania, the Republic of
Moldova, the Russian Federation and Ukraine is at variance with
these countries’ legal obligations. It would also legitimise the
prejudice against LGBTs which all too often is fuelled by inconsiderate
discourse by politicians and other authoritative figures.
Council of Europe member States should take measures to prevent
discrimination on the grounds of sexual orientation and gender identity,
promote equality and tackle homophobia and transphobia. The Republic
of Moldova, Poland and the Russian Federation should give full execution
to the judgments of the European Court of Human Rights.
The Committee of Ministers should continue to strengthen its
activities in this area with a view to ensuring the full implementation
of its Recommendation CM/Rec(2010)5.