UN Human Rights Council

Panel discussion sexual orientation and Gender Identity - 7 March 2012

Council of Europe The commitment of the Council of Europe in combatting discrimination on grounds of sexual orientation and gender identity has a long history. Though homosexuality has been decriminalized all over Europe, prejudice and discrimination still exist towards LGBT persons. The European Convention for the Protection of Human Rights and Fundamental Freedoms, which is a binding instrument for all our 47 member states, says in article 14 that any form of discrimination in the exercise of the rights and freedoms guaranteed by the convention are prohibited, and the Court of Human Rights recognizes sexual orientation is covered by article 14. As mentioned by UNAIDS before in 2010 the Committee of Ministers of the Council of Europe adopted the first ever international instrument dealing specifically with LGBT issues: Recommendation 2010(5) to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity. The approach of the recommendation is strictly human rights based. The purpose is not to create new rights, but to ensure that every person enjoys equal rights and dignity. It is not a binding instrument but it is based on binding principles. In 2011, the report on discrimination on grounds of sexual orientation or gender identity by our Commission for Human Rights addressed also the question of homophobia, transphobia, hate speech and intolerance in member states. Following these main documents and the adoption of these recommendations, the Council of Europe started on the basis of voluntary contribution by some member states, a specific LGBT project which started in September 2011 and will end in 2013. This is a tailor-based project for member states requesting to implement it, and for the time being we have six member states. The aim is to contribute to the implementation of the recommendation, complemented by the recommendations of the High Commissioner of Human Rights, and of course the case law of the European Court of Human Rights is very important in this field. What we are doing now is to support member states in developing measures and activities which seeks to develop policies and legislation at national level according to their needs and priorities, and all stakeholders are involved including NGOs. I would like to finish by saying that we should join forces and that we are ready for cooperation in this field. Thank you.