PROGRESS
ISSUE AUTUMN 2011
16
WWW.IGLYO.COM
CONTENTS
WELCOME 1 PORTUGAL 2 SCOTLAND 4 NETHERLANDS 6 TIMELINE 8 SLOVENIA 10 FINLAND 12 SPAIN 16 UKRAINE 18 CONCLUSION 20
International Lesbian, Gay, Bisexual, Transgender, Queer Youth and Student Organisation (IGLYO)
Š 2011 IGLYO. Reproduction permitted, provided that appropriate reference is made to the source.
1
WELCOME
Earlier this year, IGLYO was excited to form a
We asked representatives from each of these
Working Group on Human Rights. As one of its
countries to consider their context since the
tasks, the working group came up with a concept
adoption of the European Convention on Human
for this issue of IGLYO On.
Rights in 1953. We asked what progress means in
Welcome to IGLYO On Progress, the result of the Human Rights Working Group’s efforts. Progress can mean different things, and occurs differently across society. For instance, legal progress might mean LGBTQ inclusive legislation, while
their countries, then questioned what legal and social progress has been made for LGBTQ people in their countries. Finally, we asked what the next steps are to progress the human rights of LGBTQ people these seven countries.
progress in education could refer to curriculum
We hope you enjoy reading about progress across
development and anti-bullying policies.
Europe. Of course, there is still much progress to
For IGLYO, progress means positive change toward a world where young people can express and define our own sexual orientations, gender identities and gender expressions without fear of judgment, violence or hatred. To gain a perspective of progress across Europe,
be made. IGLYO is committed to progressing the rights of LGBTQ young people across Pan-European region, and we look forward to doing this with you, our members, friends, and partners! In solidarity Euan Platt and Jordan Long
each member of the working group contacted and interviewed two organisations that work on issues affecting LGBTQ young people. Together, they interviewed people in seven countries: Portugal, Scotland, Netherlands, Slovenia, Finland, Spain and Ukraine.
PROGRESS MEANS POSITIVE CHANGE TOWARD A WORLD WHERE YOUNG PEOPLE CAN EXPRESS AND DEFINE OUR OWN SEXUAL ORIENTATIONS, GENDER IDENTITIES AND GENDER EXPRESSIONS WITHOUT FEAR OF JUDGMENT, VIOLENCE OR HATRED
PORTUGAL MANUEL ABRANTES REDE EXAEQUO
What does progress mean in your country?
This law stopped being enforced after the
Progress can be approached at two levels. On the
implementation of democracy in 1974 and it
one hand, progress can refer to law-making and
was eventually eliminated from the Criminal
guaranteeing basic rights to LGBT people. On the
Code in 1982.
other hand, we are very concerned about progress in quality of life for LGBT people at large.
During the 80’s and the 90’s, several LGBT organisations were created and they were key
This refers mainly to our struggle against prejudice
both in offering direct support to people and
and discrimination in social contexts. Some very
pushing for public policy towards inclusion and
important laws have been recently approved in
equality. In 2001, same-sex couples were finally
Portugal to protect LGBT people (see next question
given the right to the Civil Union.
for details) and yet a large number of them experience rejection and violence within their family, classmates or work colleagues. Young LGBT people are especially vulnerable to diverse risks: isolation, exclusion, economic hardship, parental control, aggression. We can not talk about true progress until we see a significant reduction of these risks, which is unfortunately yet to come. What progress has there been in the law
2001
THE RIGHT TO THE CIVIL UNION FOR SAME-SEX COUPLES
for LGBT people in your country? Since 1953 a good deal of things changed for LGBT people. Nuno Miguel Ropio, a Portuguese journalist, used the phrase “The long march of homossexual rights” in this piece www.jn.pt/ Domingo/interior.aspx?content_id=1576266 published in the 23rd of May, 2010. In regards to law, homossexual acts were considered a crime throughout the period of the dictatorship regime (1928-1974) and some people were arrested and subjected to “conversion therapies”.
2010
CIVIL MARRIAGE BECOMES LEGAL FOR SAME-SEX COUPLES
2-3 Protection of LGB people in particular has been incorporated since then in the Labour Code, the Criminal Code and health regulations. Discrimination on the grounds of sexual orientation is explicitly forbidden in the Constitution of the Portuguese Portugal has been a republic since 2004. In 2010, civil marriage also became possible for same-sex couples, although child adoption or other forms of shared parentage remain unrecognized by law. In 2011, a law was introduced to simplify the access of transexual people to their correct gender identity and new personal documents. Despite this very important step, the rights of transgender, transexual and intersex people have not been paid much attention by policy-makers so far. One of the key aims of the LGBT movement in Portugal at the moment is to include gender identity in all equality policies and expand the mechanisms of public support to TTI people. In regards to education and youth, it must be mentioned that there is a Law on Sexual Education since 2009 in which the equal rights of people with different sexual orientations and gender identities are guaranteed. What progress has there been in people’s attitudes/behaviors for LGBT people in your country? It is difficult to say as there are not very thorough or reliable sources of information. Some signs of progress are certainly expressed in a greater public openness to issues of sexual orientation
and gender identity, a growing number of diverse LGBT-friendly services (public health, media, entertainment), greater visibility in journalism and cultural production, inclusion of LGBT issues in school curricula. At the same time, we have not witnessed a decrease in the number of young people who seek support because of verbal or physical aggression at home or school. Still, the fact that they seek support (compared to suffering in silence or self-repression) can be understood as an indicator of positive change. What would be the next important step(s) for progressing LGBT people’s human rights in your country? There is still a lot to be done. Five goals can be highlighted: 1. the inclusion of gender identity in all equality law-making, especially the Constitution of the Portuguese Republic and the Labour Code; 2. the expansion of health support to transexual people; 3. a greater, more consistent practical implementation of the Law on Sexual Education (including sexual orientation and gender identity issues) at schools; 4. access to child adoption and co-parenting by same-sex couples; 5. a greater deal of attention and formal mechanisms within public institutions to fight homo-, bi- and transphobic behaviour.
SCOTLAND ESTHER PATERSON LGBT YOUTH SCOTLAND
What does progress mean in your country? The dialogue and conversations about LGBT identities has steadily increased over the past 20 years in Scotland, with the term ‘LGBT’ becoming more known within governments, public services and society in general. Previously the term ‘progress’ was used to address a lack of equality shared by LGBT people and straight people in relation to their legal rights and protections. Now the word ‘progress’ will often be used to talk about shifts in social attitudes and the changing way LGBT people are included and involved in their communities. In Scotland we enjoy many legal rights, however there are still LGBT people, especially school aged people, who experience daily harassment, discrimination and bullying. Some may say that progress has been made as bullying is more commonly verbal rather than physical and often language used is light hearted and viewed as ‘not intentionally homophobic’. I think there is a lot of work still to be done to address this more indirect homophobia, and the way it permeates through society and is viewed as acceptable and harmless. I don’t think in Scotland we can say there has been equal progress for everyone who identifies under the LGBT banner. Transgender young people often report higher levels of bullying, especially physical bullying and society is less ready to understand the needs and complexities of gender queer community members. What progress has there been in the law for LGBT people in your country? Discussion began in the late 1950’s in Scotland and England about the decriminalisation of
homosexuality – the first step in recognising LGBT relationships and rights. Within 10 years England had reduced the criminal status of homosexuality, however Scotland did not catch up until 20 years later, with decriminalisation of sex between two men in 1980. Since the 1980’s Scotland has seen significant progress (with a few major set backs!) in legal equality and recognition for LGBT people. It was after 1981 that many of the established LGBT groups and activism began from queer book groups to HIV & AIDS support organisations. Importantly, many of the legislative changes have led us to a point where LGBT young people grow up knowing they can have a civil partnership, adopt children or access fertility treatments; they can have their gender recognised and seek medical support if they choose to; they can work without fear of discrimination, and access public services and feel valued. What I’m most proud of is that Scotland is the first country in Europe to introduce a multi-strand equality act which includes ‘gender reassignment’ as a protected characteristic.
SCOTLAND IS THE FIRST COUNTRY IN EUROPE TO INTRODUCE A MULTI-STRAND EQUALITY ACT WHICH INCLUDES GENDER REASSIGNMENT’ AS A PROTECTED CHARACTERISTIC
4-5 What progress has there been in people’s attitudes/behaviors for LGBT people in your country? ‘Tolerance’ is a word that I have never wanted to use in relation to a minority group. It is a word that promotes ‘coping with’ and not truly ‘accepting’. However, I think that in Scotland we have reached a certain level of tolerance across general society in their attitudes towards LGBT people. There are of course exceptions and pockets of people continue to promote hatred towards those who are different. There are also people who fully accept and celebrate the diversity that LGBT people bring to their communities. More subtle forms of homophobia still widely exist and are often left unchallenged. Casual homophobic jokes or comments are still seen by many as funny and harmless. Furthermore, the media portrayal of LGBT people focuses on stereotypes, ignoring the diverse make up of our communities. Many people think they are accepting, but when asked how it would feel to have a brother, a mother, a teacher who was LGBT, there are feelings of unease and fear of the issue being ‘too close’. Overall, Scotland is in a period of transition; although legally there are many conditions in which LGBT people are now protected, this has not filtered down into the hearts and minds of society. It leaves our younger LGBT populations feeling confused - they see progress through legislation, celebration at pride events, images of LGBT people on TV, but this progress doesn’t translate into their lived experience, where unchallenged homophobia is still often a daily reality.
What would be the next important step(s) for progressing LGBT people’s human rights in your country? There are two key areas for me that I feel would make a huge difference. The first is addressing homophobia in schools. LGBT young people have said that Scottish schools are their ‘least favourite’ place and the place where they experience the most bullying and discrimination. Education and schools are the foundation to our learning, development and options later in life. These are the environments where we pick up social skills, develop our friendships, learn about the world around us. If young people feel unsafe, bullied and unprotected in schools, they are being denied the equality of opportunity to be themselves. I also think that Scotland is now in a position where more leadership must be shown in order to address the slow changing attitudes of society. Leadership by governments, celebrities, media, teachers and parents to stand up and support LGBT rights. It’s only by doing this together that we can change the hearts and minds of our peers.
NETHERLANDS GEERT-JAN EDELENBOSCH COC NETHERLANDS
What does progress mean in your country?
Since LGB people (there are still many human
COC, the world’s oldest still existing LGBT
rights issues that transgender people face)
organization was founded in 1946 in the
virtually have the same rights as heterosexual
Netherlands and has, together with other
people in the Netherlands, the emphasis of civil
groups, been instrumental in bringing about
society and on government policy has shifted
considerable social and legal changes for LGBT
gradually to promoting social acceptance of
people in the Netherlands and abroad and is
homosexuality.
devoted to a society which does full justice to each individual irrespective of sexual preference
What progress has there been in the law
or gender identity. Roughly the first 30 years
for LGBT people in your country?
the Dutch LGBT movement focused on getting
As the first country to have marriages between
discriminatory legislation abolished, and the next
two men and two women the Netherlands
30 years on getting equal rights. The Netherlands
overcame many legal and equality issues.
was the first country in the world where partners
There are now laws on anti-discrimination,
of the same sex were legally allowed to marry
equal treatment, adoption rights and higher
(2001).
punishments for homophobic incidents. I’d like to point out one historic change in law. One of the first important legal issues was the abolishment of 248bis. The aim of this legislation, according to the then Dutch Minister of Justice, was protecting
90%
OF THE DUTCH HAVE A NEUTRAL TO VERY POSITIVE VIEW OF HOMOSEXUALITY
boys and girls of 16–20 years against homosexual temptations, and thus to counter the spread of homosexuality. Adults who committed fornication with a minor of the same sex could be punished with imprisonment for 4 years. Back then, you became an adult at the age of 21. The law was introduced in 1911 and abolished in 1971. In that period, roughly 5000 homosexuals have been prosecuted on the base of this law. Since 1971, there are is no distinction between LGB and heterosexual people in Dutch criminal laws.
6-7 What progress has there been in people’s attitudes/behaviors for LGBT people in your country? Acceptance of sexual diversity in the Netherlands has improved during the past few decades. LGBT people are visible and present on television and other media, where they have almost become ‘commonplace’. For most LGBT people it has become easier to come out and be open about their sexual orientation or identity. When asked about the attitude towards gays and lesbians, almost 90% of the Dutch have a neutral to very positive view of homosexuality. Although the general acceptance of gays and lesbians has increased, homosexuality in one’s immediate environment and in public is not as well accepted. In the report titled ‘Just Doing What Comes Naturally’, the Social and Cultural Planning Bureau (SCP) distinguishes between general acceptance and acceptance of equal rights, and acceptance in people’s immediate circle and in public. Although most Dutch people generally agree with equality for LGBT people, they find it harder to accept when two men or two women walk hand in hand in public than when a man and a woman do so. Politically, LGBT people in the Netherlands are in a good position. The government supports gay rights; the Netherlands was the first country to legalize marriage between same sex couples. The current government even has a Minister accounted to LGBT emancipation. Different organizations are being helped financially by the government and give support to
projects and programs aimed at improving the social acceptance of sexual diversity. What would be the next important step(s) for progressing LGBT people’s human rights in your country? I’d like to point out 4 issues COC Netherlands is working on right now. 1. The Dutch government made an exception on the rule that every civil servant is obliged to marry any kind of couple. On the base of conscientious objection civil servants can refuse to marry lesbian or gay couples. COC wants our government to abolish this rule. 2. Schools can still be a hostile environment for LGBT students and teachers. Schools hardly educate about homosexuality. COC pleas for obligatory education on sexual diversity in schools. 3. At present, in Article 28, Book 1 of the Civil Code stipulates that transsexuals must be infertile before their gender in the GBA (and thus in the passport) can be changed. In practice this means that transgender people must demonstrate that they are spayed before their legal sex can be customized their physical appearance. 4. We also plea for equal parental rights for nonbiological lesbian mothers. Right now the non biological mother has to adopt the child, we want immediate recognition after birth.
TIMELINE
1950 NOVEMBER
European Convention on Human Rights is signed.
1952
Christine Jorgensen becomes the first well-known person to have undergone sex reassignment surgery.
1961
Illinois is the first US states to remove sodomy laws from its criminal code.
1973
The American Psychiatric Association declassified homosexuality as a mental disorder
1981
Norway is the first nation in the world to outlaw discrimination based on sexual orientation.
1982
Wisconsin is the first state in the United States to outlaw discrimination based on sexual orientation.
1988
Sweden becomes the first nation in the world to pass laws that protect LGB-community regarding social services, taxes and inheritances.
1988
European Courts of Human Rights nullifies the Irish law criminalizing male-to-male sex on the grounds of privacy (Norris V. Ireland).
1989 OCTOBER
Denmark is the first nation in the world to enact registered partnership laws with most of the same rights as marriage (except for joint adoption and the right to marriage in church).
1990 MAY
Homosexuality is no longer listed as a mental disease at World Health Organization.
1993 DECEMBER
Brandon Teena, an American trans man was raped and murdered in Nebraska. His life and death inspired the Academy Award-movie Boys Don’t Cry.
1994 MARCH
South Africa becomes the first nation in the world to disallow discrimination on the basis of sexual orientation in its (interim) constitution.
1995 APRIL
Decriminalisation of homosexuality in Albania and Moldova.
1998 JANUARY
Ecuador becomes the first country in the Americas (and the third in the world) to protect the rights of sexual minorities in its constitution.
2000 JANUARY
End of ban on gay people in the military in the United Kingdom.
2001 APRIL
The Netherlands is the first nation in the world to legalize same-sex marriages (with joint adoption).
2001 APRIL
The Chinese Classification of Mental Disorders formally removed homosexuality from the list of mental illness.
2003 JUNE
Belgium is the second country in the world to legalize same-sex marriages (joint adoption since 2006).
8-9 2004 SEPTEMBER
San Marino is one of the last countries in Europe to decriminalize homosexual acts.
2005 JULY
Two Iranian teenagers were executed for a rape of 13-year old, although the human rights-activist insist to claim that they were executed for consensual homosexual acts, not rape.
2005 JULY
2009 SEPTEMBER
Same-sex marriage becomes legal in the state of Vermont. It is the first state to introduce samesex marriage without being required by court decision.
2009 NOVEMBER
The law that allowed same-sex marriages in Maine was repealed in the referendum (a vote of 53% to 47%)
Same-sex marriage becomes legal in Canada and Spain (with joint adoption). Canada is the first country to introduce same-sex marriages in Northern American continent.
2010 MAY
2006 DECEMBER
Ugandan gay rights activist David Kato is murdered – the parliament of Uganda is discussing the possibility of punishing people engaging in samesex activities with death penalty.
Same-sex marriage (with joint adoption) becomes legal in South Africa, the first African nation (and the fifth in the world) to introduce same-sex marriage.
2007 JULY
The first legal gay pride parade in Russia, St. Peterburg.
2011 JANUARY
2011 JUNE
The first ever Muslim country to host a gay pride parade is Turkey, in the city of Istanbul.
United Nations Human Rights Council passed a resolution supporting equal rights for all, regardless of sexual orientation.
2008 MAY
2011 JUNE/JULY
Same-sex marriage becomes legal in California.
2008 NOVEMBER
Proposition 8 that passed in referendum nullified same-sex marriage in California.
2009 FEBRUARY
Jóhanna Sigurðardóttir becomes the world’s first openly gay head of government in Iceland.
2009 JUNE
India decriminalizes homosexuality.
Same sex marriage becomes legal in Argentina and Portugal (without joint adoption) and Iceland (with joint adoption).
2011 JULY
Same-sex marriage becomes legal in the state of New York.
2011 AUGUST
Three Iranian men are executed on charges of homosexuality.
2011 SEPTEMBER
European Commission declares that banning gay men from donating blood is against law.
SLOVENIA EVA GRACANIN DRUŠTVO INFORMACIJSKI CENTER LEGEBITRA
What does progress mean in your country? Progress regarding LGBT rights protection and observation means adoption and implementation of legislation based on respect of human rights and equality of all inhabitants of the Republic of Slovenia regardless of their sexual orientation, gender identity and expression. Progress means respecting the values of life, solidarity and diversity in everyday actions of individuals, groups, communities and institutions. What progress has there been in the law for LGBT people in your country? In 1976 the Penal Code of the Socialist Republic of Slovenia decriminalizes consensual homosexual relations. In 1991 the Constitution of the Republic of Slovenia is adopted. Article 14 grants equal rights to everyone, however, sexual orientation is not mentioned specifically. The Commentary to the Constitution stipulates that sexual orientation is considered in the term “other personal circumstances”. The new Penal Code adopted in 1994 considers all types of rape equally regardless of gender. Article 141 defines violations of equal treatment and specifically mentions sexual orientation. In 1999 Personal Data Protection Act entered into force. It explicitly prohibits collecting personal data on sexual behaviour. In 2003 the new Employment Act entered into force. It contains a provision prohibiting
discrimination. Article 6 explicitly prohibits discrimination of employee by employer based on sexual orientation. In 2004 Implementation of the Principle of Equal Treatment Act is adopted. It’s an umbrella act prohibiting discrimination based on different personal circumstances, including sexual orientation in different areas of life (employment, education, social protection and benefits, medical care etc).
1976
SLOVENIA DECRIMINALIZES CONSENSUAL HOMOSEXUAL RELATIONS
In 2005 Registration of Same-Sex Civil Partnership Act is adopted. It defines the registration of same sex partnership. The main inequality in the Act is that one’s same-sex partner is not one’s family member. Therefore all the rights stemming form the family member status are denied to same-sex partners. In 2009 the Constitutional Court of the Republic of Slovenia ruled that the Article 22 (defining inheritance) of the Act is unconstitutional.
10-11 Therefore the provisions in Inheritance Act also apply for same-sex partners. In 2010 the Ministry of Labour, Family and Social Affairs prepared the Family Code Proposal granting equal rights to same-sex partners and LGBT families. Since then the Proposal has been amended. The current version only allows adoption of partner’s biological child. The Code has been adopted by the Slovenian parliament. Currently the process of adoption has been stopped by a civil initiative Zavod Kul.si, backed by the Catholic Church in Slovenia. They have filed a claim for a referendum. However the majority of the members of the parliament have requested Constitutional Court to determine whether the claim for referendum is in accordance with the Constitution. Constitutional Court is expected to make a decision by the middle of October 2011. What progress has there been in people’s attitudes/behaviors for LGBT people in your country? The most visible positive progress can be detected in the mass media. Mot major national and regional media report on LGBT issues favourably. However LGBT issues, covered by the media, are still mainly linked to alleged controversy of equal rights and opportunities for LGBT individuals. In the last few years, manifestations of negative attitudes/behaviours have been linked to greater visibility of LGBT individuals, events, culture, pride parades and consistent and relentless advocacy for equal rights and opportunities.
LGBT individuals have become more aware of their rights. Therefore ever more people are becoming ever more supportive of LGBT rights. What would be the next important step(s) for progressing LGBT people’s human rights in your country? There are several important steps: – Adoption of the Family Code. Currently the process of adoption has been stopped by a civil initiative Zavod Kul.si, backed by the Catholic Church in Slovenia. They have filed a claim for a referendum. However the majority of the members of the parliament have requested Constitutional Court to determine whether the claim for referendum is in accordance with the Constitution. Constitutional Court is expected to make a decision by the middle of October 2011. – Successful implementation of a campaign against homophobia implemented by Legebitra in cooperation with the Slovenian police. – Successful implementation of a European project aimed at developing tools for teachers and other teaching staff to tackle homophobia in Slovenian education system.
FINLAND ANDERS HULDÉN, SETA – LGBT RIGHTS IN FINLAND
What does progress mean in your country?
1999 The Criminal Code is revised, setting
In Finland, LGBT people are technically
the age of consent equal for same-sex and
recognized in legislation and enjoy with a
straight sexual acts. The ban on “promotion of
few exceptions the same rights as others.
homosexuality” is finally removed. No one was
Progress would mean the removal of remaining
ever punished with reference to this law, but it
inequalities in legislation but also that diversity
did have an impact on LGB visibility in media.
and consequences of normative practices be recognized and considered in all decision making and certain fields such as healthcare and education. Attitudes have changed for the better but for the LGBTIQ community progress means the equal right to be heard and seen everywhere
2000 The new Constitution states everyone to be equal before the law. The 6 § includes a general ban on discrimination, without explicitly mentioning sexual orientation or gender expression.
– without feeling the need of limiting one’s
2001 The new Law on Employment Contracts
expression of gender or sexual orientation as a
explicitly bans discrimination on the ground
condition for being accepted. The public opinion
of sexual orientation.
does not necessarily recognize this condition as a problem.
2002 The Law on Registered Partnership for same-sex couples comes into force. The law
What progress has there been in the law
is similar to the law on marriage, however
for LGBT people in your country?
registered partners may not take their spouse’s
1971 The ban on homosexual acts, added to the
surname and may not adopt children.
penalty code in 1894, is finally removed. As a “precaution”, the age of consent is set higher
2003 The Law on Confirming the Sex of a
for sex between persons of the same sex (18)
Transsexual Person comes into force, removing
and public “promotion” of homosexual acts is
the Law on Castration and setting frames for the
criminalized.
sex reassignment process.
1981 Homosexuality is removed from the
2004 The Law on Equality comes into force.
classification of diseases.
The Law explicitly bans discrimination on the ground of sexual orientation and pledges
1995 Discrimination on the ground of sexual orientation is prohibited.
authorities to promote equality.
12-13 2005 The revised Law on Gender Equality comes into force, banning discrimination on the ground of Gender. The Law does not explicitly mention gender expression nor trans people, but it is later
1971
THE BAN ON HOMOSEXUAL ACTS IS FINALLY REMOVED
stated that it should be interpreted in a way that also protects trans people’s rights. 2007 After decades, Finland finally adopts legislation on artificial inseminations. Despite heavy debate, the new law guarantees single women and female couples access to artificial insemination (at their own cost). 2007 The Helsinki Diocese Chapter decides not to
1981
HOMOSEXUALITY IS REMOVED FROM THE CLASSIFICATION OF DISEASES
take disciplinary action against its minister Leena Huovinen, after complaints about her blessing of a registered partnership. 2007 In so called rainbow families, the social parent is granted parental benefits, given he/she has registered partnership and lives in the same household with the biological parent. 2009 The Law on Registered Partnership is revised to allow social parents in registered partnerships to adopt their spouse’s child. Until
2011
TRANSVESTISM IS REMOVED FROM THE CLASSIFICATION OF DISEASES
this moment this option was available for married couples only. External adoptions are still not available for same-sex couples. 2011 Transvestism is removed from the classification of diseases.
CONTINUED OVER
FINLAND CONTINUED FROM PREVIOUS PAGE
What progress has there been in people’s
With a few exceptions, the political parties have
attitudes/behaviors for LGBT people in
taken internal decisions to improve LGB rights,
your country?
such as equal right to marriage and adoption.
Diversity of gender and sexual orientation
The political awareness of TI issues seems
has been included in school curricula but may
limited. Within the parties, amongst members
in practice still be ignored or presented in
and MPs, the opinions are still divided and the
hetronormative and strongly biased manners.
political will is not strong enough to give the
The curriculum is understood as if schools shall
issues priority. The outcome of a parliament vote
provide information about the fact LGBTIQ
on those topics remains unsure.
people exist – but the fact they exist among the students and need to be seen is far from always recognized. The public awareness about discrimination has
The public awareness of gender diversity and trans issues seems increased, thanks to some public cases of discrimination and increased visibility in media.
increased and in the public debate, LGBTIQ rights have gained more defenders. Only 5-10 years ago it seemed that many (straight) people feared being stigmatized for defending LGBTIQ rights. This has changed for the better. Violations reported get visibility in the news and are broadly condemned by politicians and the public opinion, however this also provokes hate speech on the internet, something that appears to be more tolerated than in some other countries. Controversial references to Christianity in a TV debate on LGB rights in October 2010 resulted in more than 30 000 protesting people leaving the church over a period of a few weeks.
ONLY 5-10 YEARS AGO IT SEEMED THAT MANY (STRAIGHT) PEOPLE FEARED BEING STIGMATIZED FOR DEFENDING LGBTIQ RIGHTS
14-15 What would be the next important step(s) for progressing LGBT people’s human rights in your country? Revised legislation on marriage, giving all couples the same rights and duties regardless of their sex. Revised legislation on trans issues, removing the sex reassignment conditions of being unmarried and sterile. Revised practice in the treatment of intersex children. Raised awareness on diversity of gender. Staff at schools, in healthcare and social services needs better awareness on the diversity of gender and sexual orientation. The Law on Equality needs to be revised (the current one does not treat different grounds of discrimination equally, eg. LGBTIQ people are protected at the labour market but not with respect to goods and services). The authorities need enough resources to implement the revised law. Progressing LGBTIQ people’s human rights requires an approach that pays more attention to identifying norms and changing exclusive practices, instead of trying to ensure the equal rights of a group considered as an exception.
WITH A FEW EXCEPTIONS, THE POLITICAL PARTIES HAVE TAKEN INTERNAL DECISIONS TO IMPROVE LGB RIGHTS
SPAIN MARCOS DOSANTOS FELGTB
What does progress mean in your country?
What progress has there been in the law
In the last decade we have managed to have
for LGBT people in your country?
several of our rights (LGBT rights) recognized.
There have been so many changes, but below
Furthermore, our visibility has increased in
are the main ones:
different areas and in many different ways, as in the media or even on our streets. To be LGBT is becoming, step by step, something that is
1. Same-sex-marriage (including adoption) 2. Gender Identity Law (Spanish citizens
progressively more accepted. Nonetheless we can
can legally change their gender on official
still find discrimination in Spanish society.
documents without having gone through any surgical procedures, but with the requirement of having spent two years in hormonal treatment)
2005 SAME-SEX-MARRIAGE (INCLUDING ADOPTION)
2007
SPANISH CITIZENS CAN LEGALLY CHANGE THEIR GENDER ON OFFICIAL DOCUMENTS
16-17 What progress has there been in people’s
In terms of LGBT legislation, we are still waiting
attitudes/behaviors for LGBT people in
for the recognition of the rights of unmarried
your country?
couples, which are not updated in comparison
So far, because of the advances in LGBT rights
to those recognized to married couples.
and the effort of the LGBT movement, people’s attitudes are improving. Acceptance and respect to LGBT people is being introduced in society’s day-to-day language.
Also, although adoption is recognized in samesex marriages, it is still not on an equal level of adoption in opposite-sex couples.
What would be the next important step(s) for progressing LGBT people’s human rights in your country? Despite the recognition of LGBT rights and social improvements in Spain, homophobia, biphobia and transphobia are still going strong, especially in the more rural parts of the country. This means that we still have a lot of work on the horizon in the spread of our message of equality. Moreover, not all of the LGBT community is enjoying the recent progress to the same extent; lesbians, bisexuals and transgender people have much more difficulties than gay men when it comes to social acceptance.
PEOPLE’S ATTITUDES ARE IMPROVING. ACCEPTANCE AND RESPECT TO LGBT PEOPLE IS BEING INTRODUCED IN SOCIETY’S DAY-TO-DAY LANGUAGE
UKRAINE OLEG ALYOKHIN MYKOLAYIV ASSOCIATION FOR GAYS, LESBIANS AND BISEXUALS ‘LIGA’
What does progress mean in your country?
What progress has there been in the law
Progress refers to indicators that can be assessed
for LGBT people in your country?
as situation change. When the European
Ukraine was one of the first of Post-Soviet
Convention on HR was signed, Ukraine was a part
countries that decriminalized the article of
of Soviet Union. So we cannot talk about progress
the Criminal Law which banned homosexual
per se, because homosexuality was banned then.
relations between men. Nevertheless, that was
There are, however, some positive changes lately.
the only positive change in Ukrainian law since
For instance, public events held by LiGA in 2008
independence. For example, the law initially
and 2009 were banned by local authorities,
stated that one might not be fired on the ground
but in further years government had no reaction
of their sexual orientation (Labor Law), but after
on them.
some amendments, this part was excluded from the law and no protection exists.
UKRAINE WAS ONE OF THE FIRST OF POST-SOVIET COUNTRIES THAT DECRIMINALIZED THE LAW WHICH BANNED HOMOSEXUAL RELATIONS BETWEEN MEN
18-19 What progress has there been in people’s attitudes/behaviors for LGBT people in your country? According to the surveys made, people’s attitudes became worse. Ukrainian government does not have any opinion about LGBT people. This reflects negatively on people’s behavior. If officials stop hate speeches and express positive thoughts about LGBT people, it may influence people’s attitude positively. For example, Mykolayiv mayor negatively talked about gays in Mykolayiv and media What would be the next important step(s) for progressing LGBT people’s human rights in your country? 1. monitoring of LGBT human right violation; 2. strategic litigation (on freedom of association and assembly); 3. lobbying of anti-discrimination law adoption; 4. work with police on hate speech prevention.
CONCLUSION
The previous pages have been filled with stories of progress. Just as we mentioned in the welcome to this issue, progress doesn’t look the same across Europe. Indeed, progress is different even within a country. Looking back on the interviews, we are able to draw different conclusions about progress. From the Netherlands, we can see how progress for LGBTQ young people can follow a clear trajectory. Geert-Jan pointed out that the first step in the Netherlands was removing discriminatory laws. Next, activists achieved equality legislation to secure the same rights for almost everyone across society. Now that the legal mechanisms are in place, with support from the government, Dutch activists are looking for ways to work for social acceptance, something that the law cannot require. The Dutch example is but one. Spain is another country that has achieved much legal process, but as Marcos emphasized, there is a large divide between urban and rural areas. The Spanish situation highlights the fact that legal progress is not progress by itself, but must be met with social change toward the same goal. The fact that rights are enjoyed by some, not all, based on location or region shows the difficulty with evaluating progress—a theme in several of the interviews. Esther in Scotland gave us a rich history of progress for LGBTQ young people in the UK and Scotland, yet again pointed to the lived reality that often differs from policy positions of government. Esther identified an important step in progress: leadership in all sectors of society
that emphasize LGBTQ rights. Getting support through media, government, parents, teachers, and other public figures helps change society in ways that laws cannot. Portugal demonstrates the ways that huge steps can be made under the heading of progress, but that these steps are often only half-steps — which could give the feeling of hanging off a ledge, halfway between achieving progress and achieving nothing. Though Manuel tells us that Portugal has civil marriage for people of the same sex, there are no legal mechanisms for shared parental rights. For those couples that want a family recognized completely by law, and eventually by all of society, this piecemeal recognition could feel less like progress, and more like fragmented rights. Both Manuel, from Portugal, and Oleg, from the Ukraine, brought up an important element of progress: they both mentioned the governmental change that occurred in their respective countries before progress could be seen openly. Often, political and governmental contexts need to change fundamentally before the rights of LGBTQ young people can be secured. In the 47 member states of the Council of Europe, our members already have a foundational document that sets out a framework for protection. The European Convention on Human Rights identifies sexual orientation and gender identity as protected characteristics. Though this international document is not the end of progress, it can serve as a beginning.
Finally, both Anders from Finland and Eva from Slovenia brought up opponents to our idea of progress. This point is a difficult one- to accept that other people see progress differently. Those of us working for the rights of LGBTQ young people depend on principles of equality, dignity, liberty, of respect and recognition, and of inclusion. Therefore, I know that we are right to work toward positive change toward a world where young people can express and define our own sexual orientations, gender identities and gender expressions without fear of judgment, violence or hatred. For IGLYO, any idea of progress that goes against this is not progress at all. As activists and advocates, we should remember that progress is a process, and must continue. In 2010, hundreds of Pride attendees marched through Belgrade, Serbia, while thousands of protestors attacked the activists. Just last week, the Serbian Parliament banned all major public events, only because Belgrade Pride was scheduled. Despite this setback, the international LGBTQ community has reached out to the Serbian community, and a ‘guerilla pride’ took place in a park in Belgrade. The point: We are still moving forward, still progressing toward a world accepting of LGBTQ people in all our diversity. Again, IGLYO looks forward to progressing with you, our members, friends, and partners!
Project Co-ordinators Euan Platt, Jordan Long, Alexandra Santos, Andrii Zarytskyi, Nitin Sood Contributors Marcos Dosantos, Manuel Abrantes, Esther Paterson, Geert Jan Edelenbosch, Oleg Alyokhin, Eva Gracanin, Anders Hulden Design www.haiwyre.com
This publication is published with support of the European Community Programme for Employment and Social Solidarity PROGRESS (2007-2013), the Council of Europe European Youth Foundation and the Government of the Netherlands. The information contained in this publication does not necessarily reflect the position or opinion of the European Commission, Council of Europe or the Government of the Netherlands.
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