Committee Opinion | Doc. 12099 | 15 December 2009
Discrimination on the basis of sexual orientation and gender identity
(Former) Committee on Equal Opportunities for Women and Men
A. Conclusions of the committee
(open)The Committee on Equal Opportunities for Women and Men fully supports the draft resolution and the draft recommendation tabled by the Committee on Legal Affairs and Human Rights, and commends the rapporteur, Mr Gross, for his excellent and comprehensive report.
The committee points out that discrimination on the basis of sexual orientation and gender identity can be magnified on the basis of sex and gender, with lesbian, bisexual and transgender women, in particular, running an increased risk of violence. There can be instances of sex discrimination also within the LGBT community. The committee proposes four amendments to gender mainstream the texts to be adopted.
B. Explanatory memorandum by Ms Memecan, rapporteur
(open)1. Definitions
- “sexual orientation” refers to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or of the same gender or of more than one gender. Sexual orientation is a profound part of the identity of each and every human being and covers heterosexuality, bisexuality and homosexuality. The latter has been decriminalised in all member states of the Council of Europe;
- “gender identity” refers to each person’s deeply felt internal and individual experience of gender, which may or may not correspond to the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.
2. Sex discrimination and gender-based violence against lesbian, bisexual and transgender women
3. Discrimination and violence within the LGBT community
- “In a sample of 1911 lesbian and bisexual women, 22% had suffered physical, sexual, mental abuse or violence from a regular same-sex partner, while 19% had suffered some recurrent abuse.
- In a sample of 1391 gay and bisexual men, 29% had suffered physical, sexual or mental abuse or violence from a regular male sexual partner, while 24% had suffered some recurrent abuse.
- The differences between women and men for types of abuse were marginal. In both the most common form of abuse was emotional or mental abuse such as ‘insults, putting downs or belittling’. Almost as many reported being physically attacked or hit.”
4. Conclusions
C. Proposed amendments
(open)Amendment A (to the draft resolution)
In the last sentence of paragraph 2, add before “race, origin or colour”: “sex,”
Amendment B (to the draft resolution)
Insert the following additional paragraph after paragraph 4:
“Discrimination on the basis of sexual orientation and gender identity can be magnified on the basis of sex and gender – with lesbian, bisexual and transgender women, in particular, running an increased risk of violence. The LGBT community itself is also not immune to sex discrimination.”
Amendment C (to the draft resolution)
Insert the following additional sub-paragraph after paragraph 14.2.:
“recognise that lesbian, bisexual and transgender women face an increased risk of gender-based violence (in particular rape, sexual violence and harassment, as well as forced marriages) and provide protection commensurate with the increased risk;”
Amendment D (to the draft recommendation)
Insert the following additional sub-paragraph 3.3. at the end of the draft recommendation:
“The Assembly calls on the Committee of Ministers to instruct the Ad Hoc Committee on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO) to include in the future Council of Europe convention the severest and most widespread forms of violence against women, in accordance with Assembly Recommendation 1847 (2008), and to recognise that lesbian, bisexual and transgender women face an increased risk of gender-based violence (in particular rape, sexual violence and harassment, as well as forced marriages) and provide protection commensurate with this increased risk.”
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Reporting committee: Committee on Legal Affairs and Human Rights.
Committee seized for opinion: Committee on Equal Opportunities for Women and Men
Reference to Committee: Bureau decision of 13 March 2008
Opinion approved by the Committee on 30 November 2009
Secretariat of the committee: Ms Kleinsorge, Ms Affholder, Ms Devaux