Reports

The overall situation of the rights of the LGBTQIA+ community in the European framework is characterised by numerous factors, often interacting with each other in multiple ways. According to the 2022 annual review by ILGA-Europe, 2021 was marked by a serious rise in hate speech and anti-LGBTQIA+ rhetoric by numerous political leaders, generating a wave of violent episodes and attacks that are severely undermining LGBTQIA+ rights in Europe. This growing aversion towards the LGBTQIA+ community also comes from the consequences of democratic erosion and political turmoil in countries such as Azerbaijan, Belarus, Hungary, Kazakhstan and Turkey, which consequently has led to LGBTQIA+ people being forced to flee from persecutions (ILGA-Europe, 2022). On the other hand, national human rights institutions (NHRIs) and courthouses in many countries have been working to protect and promote the rights of LGBTQIA+ communities. For instance, different countries promulgated fines and prison sentences over hate speech and hate crime events (ILGA-Europe, 2022). Lastly, the European Parliament adopted a Resolution in 2021 declaring the European Union an “LGBTIQ Freedom Zone” and denouncing “all forms of violence or discrimination against persons on the basis of their sex or sexual orientation” (European Parliament, 2021b). The Resolution came as a direct response to the regressive behaviour of some countries against LGBTQIA+ rights, notably from Hungary and Poland. More specifically, the Resolution represents a positive alternative to the “LGBT free-zones” that have been emerging across Poland over the past two years. The European Parliament resolution also refers to the worsening of conditions in Hungary. In November 2020, the Hungarian municipality of Nagykáta implemented a resolution banning the dissemination and promotion of LGBTQIA+ propaganda. A month later, the National Parliament adopted a series of constitutional amendments that further restrain the rights of the LGBTQIA+ community, by not considering the existence of transgender and non-binary persons and limiting the right to a family life (European Parliament, 2021a) as the national parliament also passed a law allowing the adoption of children only to only married couples, which basically excludes same-sex couples who are not allowed to marry in Hungary (Euronews & AFP, 2020). The present report explores the cases of Malta, Denmark, Belgium, and Norway, which are considered to be amongst the top countries in Europe for the promotion and integration of LGBTQIA+ rights (in their national framework). Later, in the second part of the report the examples of Italy, France, Spain and Poland will be explored in further detail, through the examination of their national and legal framework on LGTBQIA+ rights. This report aims to analyse the current European framework of LGBTQIA+ rights, their state and implementation in EU and non-EU countries by sharing national regulations, best practices, and experiences so that the inclusivity and equality of the LGBTQIA+ community is never taken for granted again. The cases here reported attempt to give an overall example of how variegated the framework on the rights of the LGBTQIA+ is community in the European Union and in its member and non-member states.