Ο Επίτροπος για τα Δικαιώματα του Ανθρώπου του Συμβουλίου της Ευρώπης, κύριος Thomas Hammarberg, εξέδωσε την ετήσια αναφορά του για ανθρώπινα δικαιώματα στις χώρες-μέλη του Συμβουλίου της Ευρώπης. Στην αναφορά αυτή, στην παράγραφο 2.5, γίνεται αναφορά στις διακρίσεις για λόγους σεξουαλικού προσανατολισμού και ταυτότητας φύλου. Αντιγράφω: 2.5 Discrimination based on sexual orientation and gender identityΌλη την αναφορά την βρίσκετε, εδώ.
Discrimination based on sexual orientation and gender identity remained a central concern in the Commissioner’s work in 2010. The Commissioner published two Human Rights Comments related to the situation of lesbian, gay, bisexual and transgender persons (LGBT). In a Human Rights Comment on Pride events published on 2 June, the Commissioner raised his concerns regarding ongoing restrictions organisers of Gay Prides faced in a number of member states. The Commissioner reiterated that the rights to freedom of expression and peaceful assembly were fundamental for a democratic society and belonged to every person, not only the majority population. On 31 August, the Commissioner published a Human Rights Comment entitled 'Forced divorce and sterilisation – a reality for many transgender persons'. The Commissioner expressed his concern at legal provisions in many Council of Europe member states which require that transgender persons divorce and undergo sterilisation in order to exercise their right to have their preferred gender legally recognised. He called for expeditious and transparent procedures for changing the name and gender of a transgender person on official documents.
The Commissioner addressed the International Congress on Gender Identity and Human Rights, which took place in Barcelona from 4-6 June, through a video message. In the message, the Commissioner stressed that the human rights of transgender persons were a priority area for his Office. He also referred to the Issue Paper on Gender Identity and Human Rights which was published by the Commissioner in 2009.
The Issue Paper on Gender Identity remained an important reference document for several meetings in 2010. The Office of the Commissioner participated in an expert roundtable on strategic litigation of transgender rights before domestic courts and the European Court of Human Rights, organised by Interights in London on 26 and 27 March. The Issue Paper was also one of the guiding documents for discussions during an Information session on Gender Identity and Transgender Issues organised by the Directorate General for Employment, Social Affairs and Equal Opportunities of the European Commission in Brussels on 24 September. In addition, the Commissioner’s Office participated in a Round Table organised by the European Network of Equality Bodies (Equinet) on 8 December in Brussels to discuss the usefulness of equality legislation for transgender persons. Equality bodies were encouraged to take up issues related to the human rights of transgender persons among their daily activities in accordance with the Issue Paper’s recommendations.
In 2010, large-scale research was carried out for the preparation of the Commissioner’s report on the situation concerning homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in Council of Europe member states. Field visits by consultants were made to member states in view of collecting data and conducting interviews with representatives of public authorities, national human rights structures and NGOs. National country reports were prepared which form the basis of a comparative report on the subject matter for all 47 member states. This comprehensive report containing a socio-legal analysis of the situation of LGBT persons in all Council of Europe member states will be published in 2011. A presentation on the progress of the study was given to the 5th Roundtable of National Government Focal Points on LGBT Equality Mainstreaming Policies, which took place in The Hague on 27 October.
During some of his visits to member states, the Commissioner raised his concerns regarding the human rights situation of LGBT persons. Following his visit in October 2009 to Lithuania, the Commissioner published on 17 February two letters, addressed to the Prime Minister of Lithuania and the Speaker of the Seimas, regarding the adoption of legislative provisions which would contain unduly broad restrictions on speech and freedom of assembly in a discriminatory manner with reference to sexual orientation.
On 8 December, the Commissioner published a letter addressed to the Prime Minister of Montenegro calling for further improvements in the fight against discrimination towards LGBT persons. The Commissioner encouraged the authorities to raise awareness of the principles contained in the Law on Anti-Discrimination adopted in July by Montenegro, which also includes a ban on discrimination on grounds of sexual orientation and gender identity.
The Commissioner’s Office participated on 30 September and 1 October in a Roundtable on Asylum-Seekers and Refugees Seeking Protection on Account of their Sexual Orientation and Gender Identity, organised by the Office of the United Nations High Commissioner for Refugees in Geneva. The roundtable discussion focused on the existing legal and policy frameworks with respect to the protection of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum-seekers and refugees.
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