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Recommendation 2021 (2013) Final version
Tackling discrimination on the grounds of sexual orientation and gender identity
1. Following Recommendation CM/Rec(2010)5
of the Committee of Ministers on measures to combat discrimination
on grounds of sexual orientation or gender identity, the Council
of Europe has strengthened its activities in this area. The Parliamentary
Assembly affirms its full support for this course of action and encourages
the Committee of Ministers to continue in this direction with a
view to ensuring the full implementation of Recommendation CM/Rec(2010)5.
2. Recalling its Resolution
1948 (2013) on tackling discrimination on the grounds
of sexual orientation and gender identity, the Assembly regrets
that, despite significant improvements in the protection of human
rights of lesbian, gay, bisexual and transgender (LGBT) persons
in some Council of Europe member States, violence, prejudice, hostility
and discrimination against them remain a serious problem.
3. Furthermore, the Assembly expresses deep concern at the repeated
infringement, in some Council of Europe member States, of the rights
of freedom of assembly and freedom of expression in relation to
LGBT persons and at the clear setback in this area due to the introduction
of laws and draft laws on the prohibition of so-called homosexual
propaganda.
4. The Assembly considers that Council of Europe action in the
area of discrimination on the grounds of sexual orientation and
gender identity is essential to ensure that the same human rights
standards are applied in all Council of Europe member States and
that the respect for diversity is a shared value without geographical or
political divides.
5. In light of the above, the Assembly recommends that the Committee
of Ministers:
5.1. ensure regular
follow-up of Recommendation CM/Rec(2010)5 on measures to combat discrimination
on grounds of sexual orientation or gender identity and conduct
periodic reviews of its implementation;
5.2. devote special attention to the issue of legislation on
so-called homosexual propaganda and ensure that Council of Europe
member States respect the recommendations expressed by the European Commission
for Democracy through Law (Venice Commission) in its opinion on
this matter;
5.3. ensure that its activities in the areas of youth, equality,
human dignity and intercultural dialogue, including its religious
dimension, mainstream the issue of non-discrimination on the grounds
of sexual orientation and gender identity;
5.4. intensify its work against homophobia and transphobia,
with a particular emphasis on prevention in schools and sports;
5.5. set up a model online training course on homophobia, transphobia
and discrimination on the grounds of sexual orientation and gender
identity for the police, prosecutors and the judiciary, which could
subsequently be adapted at national level;
5.6. explicitly include sexual orientation and gender identity
as prohibited grounds of discrimination in all its future relevant
conventions;
5.7. consider the feasibility of joint action with the European
Union Agency for Fundamental Rights (FRA) in order to ensure the
collection of comparable data and information on the situation of
LGBT persons from all member States of the Council of Europe;
5.8. ensure that the judgments of the European Court of Human
Rights, including those concerning discrimination on the grounds
of sexual orientation and gender identity, are effectively implemented without
delay, including through the adoption of general measures to prevent
further violations.