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Resolution 1948 (2013) Final version
Tackling discrimination on the grounds of sexual orientation and gender identity
1. The Parliamentary Assembly welcomes
the positive developments in tackling discrimination on the basis of
sexual orientation and gender identity which have occurred since
the adoption of its Resolution 1728
(2010), such as the introduction, by different Council
of Europe member States, of specific legislative measures, action plans
and strategies to promote equality and tackle discrimination against
lesbian, gay, bisexual and transgender (LGBT) persons as well as
to tackle homophobic and transphobic speech and violence.
2. Despite this progress, the Assembly regrets that prejudice,
hostility and discrimination on the grounds of sexual orientation
and gender identity remain a serious problem, affecting the lives
of tens of millions of Europeans. They manifest themselves in hate
speech, bullying and violence, often affecting young people. They
also manifest themselves through the repeated infringement of the
right of peaceful assembly for LGBT persons.
3. The Assembly acknowledges that societal changes require time
and occur unevenly within the same country, let alone in different
countries. However, the Assembly also believes that politicians,
through their example and discourse, as well as laws through their
binding nature, are powerful driving forces to promote change in
society and ensure that the respect for human rights is not only
a legal obligation but also a shared value.
4. In this regard, the Assembly expresses concern with regard
to homophobic statements by politicians and other personalities
in a position of authority, which, far from being manifestations
of freedom of expression, amount to hate speech and incitement to
hostility, discrimination and violence.
5. Furthermore, the Assembly expresses deep concern at the introduction,
at local, regional and national level, of legislation or draft legislation
on the prohibition of so-called homosexual propaganda, in a number
of Council of Europe member States. These acts and bills, which
are at variance with freedom of expression and the prohibition of
discrimination on account of sexual orientation and gender identity,
risk legitimising the prejudice and hostility which is present in
society and fuelling a climate of hatred against LGBT people.
6. The Assembly also expresses deep concern at the recent conviction
of two organisations, the “Side by Side” LGBT film festival and
the LGBT human rights group “Coming Out”, under the Russian Foreign
Agents Act. Not only does this law violate international human rights
principles, but concerns have been expressed that the trials were
not subject to due process. The targeting of these LGBT non-governmental
organisations (NGOs) under the Foreign Agents Act, together with
the proposed law prohibiting so-called propaganda for non-traditional
sexual relations, constitute a serious threat to any advocacy for
LGBT rights in Russia.
7. The Assembly particularly deplores the unanimous approval
by the Russian Duma of the bill on so-called propaganda for non-traditional
sexual relationships among minors which, if approved also by the
Council of the Federation, would be the first piece of legislation
on the prohibition of homosexual propaganda to be introduced at
national level in Europe.
8. In this context, the Assembly takes note of the Opinion of
the European Commission for Democracy through Law (Venice Commission)
on the issue of the prohibition of so-called homosexual propaganda
in the light of recent legislation in some member States of the
Council of Europe; it shares its analysis and endorses its findings,
notably that “the measures in question appear to be incompatible
with the underlying values of the [European Convention on Human
Rights]”, in addition to their failure to meet the requirements
for restrictions prescribed by Articles 10, 11 and 14 of the European
Convention on Human Rights.
9. In the light of these considerations, reaffirming the continued
validity of its Resolution 1728
(2010) on discrimination on the basis of sexual orientation
and gender identity, the Assembly calls on Council of Europe member
States:
9.1. as regards equality
and non-discrimination, to:
9.1.1. ensure the full protection
of human rights for all those who are within their jurisdiction, including
the prohibition of discrimination on the grounds of sexual orientation
and gender identity;
9.1.2. ensure that any new legal and policy instrument they adopt
in the area of equality and non-discrimination explicitly includes
sexual orientation and gender identity;
9.1.3. introduce, without delay, civil legislation protecting
against discrimination on grounds of sexual orientation and gender
identity in all areas of life, including employment, education,
health, access to goods and services, housing, access to social
security and social advantages;
9.1.4. devise and implement national action plans/strategies
aimed at promoting equality and non-discrimination on the grounds
of sexual orientation and gender identity;
9.1.5. introduce clear regulations on public duty, stipulating
that public services must refrain from discriminating on the grounds
of sexual orientation and gender identity;
9.1.6. involve LGBT and human rights organisations in consultations
on draft laws and policies concerning discrimination;
9.1.7. adopt criminal legislation introducing sexual orientation
and gender identity as grounds for prosecution of hate crimes;
9.1.8. introduce binding guidelines for law-enforcement officials
to ensure that any alleged hate motive associated with a crime,
including hate motives on grounds of sexual orientation and gender
identity, is promptly, impartially, effectively and thoroughly investigated
and duly taken into account in the prosecution and sentencing of
those crimes;
9.2. as regards incitement to harassment or violence on grounds
of sexual orientation and gender identity, to:
9.2.1. improve
data collection on homophobic and transphobic crimes, as well as
on discrimination on the grounds of sexual orientation and gender
identity;
9.2.2. organise public campaigns on equality and diversity, as
well as against incitement to harassment or violence on grounds
of sexual orientation and gender identity;
9.2.3. ensure that projects against bullying in schools do not
discriminate on any grounds, that they emphasise prevention in particular
and are, addressed to and involve students, teachers and school
staff;
9.2.4. train police, judiciary and administration officials on
homophobia, transphobia and the prohibition of discrimination on
the grounds of sexual orientation and gender identity;
9.2.5. set up complaint and support mechanisms for victims of
homophobic and transphobic violence, such as hotlines and specific
social services, run by specialised staff;
10. As regards specific situations of concern, the Assembly calls
on:
10.1. the authorities that exercise de facto control in the northern
part of Cyprus to give full execution to the judgment of the European
Court of Human Rights in the case of Modinos
v. Cyprus and ensure the decriminalisation of consensual
same-sex relations between adults, as in the areas under the control of
the Government of the Republic of Cyprus;
10.2. the authorities of Poland to give full execution to the
judgment of the European Court of Human Rights in the case of Bączkowski and Others v. Poland;
10.3. the competent authorities of the Republic of Moldova to
give full execution to the judgment of the European Court of Human
Rights in the case of Genderdoc-M v.
Moldova; to comply with judicial decisions quashing legislation
on the prohibition of so-called homosexual propaganda; and to repeal
it if they have not yet done so;
10.4. the authorities of the Russian Federation to give full
execution to the judgment of the European Court of Human Rights
in the case of Alekseyev v. Russia;
10.5. the Russian authorities to halt further action under the
Foreign Agents Act against the “Side by Side” LGBT film festival
and “Coming Out”, to ensure due process in any appeal proceedings
by these organisations against their conviction under this law,
and to cease further prosecutions of LGBT human rights organisations
for not registering as “foreign agents”;
10.6. the Russian Council of the Federation to reject the bill
on so-called propaganda for non-traditional sexual relationships
among minors;
10.7. the Parliament of Ukraine not to pursue the examination
of the bill on the prohibition of so-called homosexual propaganda;
10.8. the relevant local and regional authorities in the Russian
Federation to repeal legislation on the prohibition of so-called
homosexual propaganda;
10.9. the authorities of Georgia to carry out a prompt investigation
into the attack by the violent counter-demonstrators against the
participants of the rally against homophobia on 17 May 2013, and
hold accountable those who incited violence or committed violent
acts;
10.10. the Parliament of Lithuania not to pursue the examination
of proposals to introduce administrative penalties for so-called
public denigration of constitutional moral values and of constitutional
fundamentals of family life;
11. As regards the role of public figures, including parliamentarians,
politicians and other people in a position of authority, the Assembly:
11.1. invites them to establish a
relationship of dialogue and trust with the LGBT community, also
by taking part in Pride marches and similar events;
11.2. calls on them to refrain from and to publicly condemn
homophobic and transphobic discourse;
11.3. proposes to organise awareness-raising activities aimed
at parliamentarians on the prevention of homophobia and transphobia,
as well as the promotion of Council of Europe standards in the area
of non-discrimination on the grounds of sexual orientation and gender
identity.