By Marta Pereira Cardoso
Key words: LGBTIQ, Equality, Discrimination, Diversity, European Union
1. Introduction
“Love is love”, “Be proud, be loud”, “It’s not just a phase”, “Born this gay”. Those were just some of the countless quotes painted on posters during this year’s LGBTI+ Pride March in Lisbon. The feeling of togetherness, freedom, safety, empowerment, and representation that I felt and feel when I am at LGBTIQ+ events inspired me to write this blogpost on a topic related to the LGBTIQ+ community.
Hence, to celebrate Pride, but most importantly, to honour all lesbian, gay, bisexual, transgender, intersex, queer, non-binary and asexual people, while also encouraging a paradigm shift focused on advocating respect for LGBTIQ+ rights, this blogpost will highlight some problems faced by LGBTIQ+ people and describe the EU approach to address them, in particular through the LGBTIQ Equality Strategy 2020-2025.
2. Legal Background
Over the past decades, the LGBTIQ+ community accomplished several hard-won victories. In Europe, policy initiatives, case law and legislative developments have played a crucial role in making significant progress towards the aim of achieving a more equal and safer society, especially for LGBTIQ+ people.
Following the general principles of dignity, solidarity, equality and non-discrimination, contained in Articles 2 and 3 of the Treaty of European Union (TEU), Article 21 of the Charter of Fundamental Rights of the European Union, and Articles 1 and 14 of the European Convention on Human Rights, the European institutions adopted a legislative framework to both combat discrimination against LGBTIQ+ persons and to promote LGBTIQ+ rights. Among others, it is worth mentioning the List of Actions to Advance LGBTI Equality[1], the Employment Equality Directive[2], the Gender Equality Directive[3], the Free Movement Directive[4].
Nevertheless, discrimination against LGBTIQ people persists throughout the European Union (EU). Several LGBTIQ people in the EU, encounter an ongoing sense of insecurity and fear when it comes to publicly expressing affection, being open about their sexual orientation, gender identity, gender expression and sex characteristics (at home or in the workplace). The simple act of being true to themselves can still be accompanied by a pervasive feeling of hostility, unacceptance, and threat.[5] Based on the information provided by non-governmental organisations, in 2021, anti-LGBTIQ hate crimes were reported in nearly all Member States.[6]
After acknowledging these ongoing hurdles faced by community, the EU institutions decided to take the next step towards a more cohesive, fair and equal society, by adopting the LGBTIQ Equality Strategy for 2020-2025.
3. LGBTIQ Equality Strategy
“With this first-ever LGBTIQ equality strategy, the Commission addresses the inequalities and challenges affecting LGBTIQ people. It pays particular attention to the diversity of LGBTIQ people’s needs and to the most vulnerable, including those experiencing intersectional discrimination and trans, non-binary and intersex people, who are among the least accepted groups in society and generally experience more discrimination and violence than others in the LGBTIQ communities.”[7]
This strategy sets out a range of targeted measures across four pillars:
(1) Tackling discrimination against LGBTIQ people;
(2) Ensuring LGBTIQ people’s safety;
(3) Building LGBTIQ inclusive societies; and
(4) Leading the call for LGBTIQ equality around the world.
3.1. Analysis of the targeted measures and the enhanced equality mainstreaming
According to the LGBTIQ Equality Strategy 2020-20205:
The European Commission, first and foremost, focuses on (1) tackling discrimination against LGBTIQ people, by (i) enforcing and improving legal protection against discrimination particularly in the area of work and employment, (ii) promoting inclusion and diversity in the workplace[8], (iii) combating inequality in education, health, culture and sport, and (iv) upholding the rights of LGBTIQ applicants for international protection (i.e., asylum and migration of vulnerable and/or LGBTIQ people).
Secondly, it draws attention to (2) ensuring LGBTIQ people’s safety, by (i) reinforcing legal protection for LGBTIQ people against hate crime, hate speech and violence, (ii) strengthening measures to combat anti-LGBTIQ online hate speech, disinformation, (iii) reporting of anti-LGBTIQ hate crime and exchanges of good practices, and (iv) protecting and promoting LGBTIQ people’s bodily and mental health.
Then, it underlines the need to (3) build LGBTIQ inclusive societies, by (i) ensuring rights for LGBTIQ people in cross-border situations, (ii) improving the legal protection for rainbow families in cross-border situations, (iii) improving the recognition of trans and non-binary identities, and intersex people, and (iv) fostering an enabling environment for civil society.
Finally, the European Commission commits to (4) lead the call for LGBTIQ equality around the world, by strengthening the EU’s engagement on LGBTIQ issues in all its external relations.
To foster an “Union of Equality” and to attain the strategy’s objectives, the Commission intends to combine the targeted measures mentioned above with attention to specific LGBTIQ concerns in enhanced equality mainstreaming into all EU policies, legislation and funding programmes, both external and internal.
As pointed out by the Commission, the strategy will also be “implemented using intersectionality as a cross-cutting principle: sexual orientation, gender identity/expression and/or sex characteristics will be considered alongside other personal characteristics or identities, such as sex, racial/ethnic origin, religion/belief, disability and age. This principle serves to explain the role of that intersections play in individuals’ experiences of discrimination and vulnerability.”.
Beyond delivering on the key actions outlined in the strategy, the Commission introduces the European Commissioner for Equality, the dedicated Task Force for Equality, and an LGBTIQ equality subgroup under the High-Level Group on non-discrimination, equality and diversity. Furthermore, the Commission can seek assistance from the Fundamental Right Agency (FRA) and the European Institute for Gender Equality (EIGE), both to obtain detailed intersectional data and to provide Member States with methodological support and technical guidance for designing and implementing data-collection initiatives concerning LGBTIQ individuals.[9]
Alongside with this approach, there are several documents drawn up to complement, clarify and analyse the strategy and its impact, such as the Guidelines to enhance LGBTIQ equality and Guidance,[10] the Progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025,[11] and the EU Action Plan on Human Rights and Democracy 2020-2024.[12] In addition, European institutions are developing inclusive programmes, and funding projects that protect LGBTIQ people and tackle discrimination and violence from the intersectional perspective.[13]
3.2. Impact and the successful implementation of the LGBTIQ Equality Strategy
Under the Progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025 (2023), the LGBTIQ Equality Strategy is marking a significant milestone in promoting LGBTIQ rights in the European Union and beyond.[14]
In fact, this strategy is “one of the tools for bolstering cross-sectoral and cross-departmental commitment to LGBTIQ equality”, and the vast majority of the measures provided have either been delivered or are being implemented.
As part of the strategy implementation, the following actions, inter alia, have been taken: in October 2022, the Commission supported an analysis of the extend to which trans, non-binary and intersex people are currently protected against discrimination in EU and national law;[15] in November 2022, the Council adopted a Recommendation on Pathways to School Success, that aims to promote better education outcome for all learners, regardless of their personal characteristics or background; through the Creative Europe Programme,[16] the Commission is currently promoting the role of cultural expression in tackling discrimination; in June 2022, the European Union Agency for Asylum (EUAA) published the key findings from the survey on sexual orientation and gender identity; in June 2022, the Commission organised a joint session of the High-Level Group and the LGBTIQ Equality Subgroup focused on tackling anti-LGBTIQ hate crime and hate speech in the EU; recently, the Commission concluded four-year framework agreements with European LGBTIQ umbrella organisations for 2021-2024,[17] and finally, the EU is providing funding for important initiatives, programmes and projects.[18]
The positive impact of the strategy can be seen in (i) the strategy’s contribution to the creation of new platforms for constructive discussions with Member States[19], (ii) the strategy’s help to increase the Member States engagement with policies that aim to advance LGBTIQ equality, and (iii) the strategy’s role in fostering collaboration among a wide range of players who would unlikely have had the chance to meet otherwise.
Despite those actions, to ensure the effectiveness of the strategy, the European institutions need to guarantee the continuous assessment of the process and its impacts, the mid-term review of implementation, and the regular monitoring of the measure.
Besides, it is important to take into consideration that the successful implementation of the LGBTIQ Equality Strategy relies on the further collaborative endeavours and active commitment from EU institutions and agencies, Member States (including regional and local authorities), working groups,[20] equality bodies, and civil society.
4. Conclusion
The journey towards a more inclusive and equality world for the LGBTIQ+ community is an inspirational portrait of the unwavering courage, the power of unity, and the steady belief in the right to be authentic and wholeheartedly embraced. With tears, sweat and blood, LGBTIQ+ people have achieved remarkable milestones in the recognition of LGBTIQ+ rights, but the path to full respect and promotion for LGBTIQ+ rights stretch far ahead, with much work still to be done.
Several Governments, associations, and organisations have taken on the shared responsibility to address discrimination, violence and hatred against LGBTIQ people, by supporting LGBTIQ+ people, and by adopting policies and legislation tackling those problems, towards diversity and equality. For example, in October 2022, Slovenia passed an amendment to the Slovenian Family Code allowing same-gender couples to marry and adopt children; in Ireland, the government developed the Irish LGBTI+ Inclusion Strategy;[21] since 2022, Luxembourg has been funding a non-governmental organisation to operate an information and counselling centre for LGBTIQ people; and since 2021, Portugal has implemented measures to support victims of crimes and increase reporting of hate crimes against LGBTI+ persons.[22]
As stated in this blogpost, over the years, the European Union has played a keen role in the promotion of equal rights and fair treatment of LGBTIQ+ people. Within the extensive array of European Union institutions’ actions, the adoption of the LGBTIQ Equality Strategy 2020-2025 stands out as the most notable.
This strategy sets out overarching priorities and objectives, and, so far, its implementation has resulted in significant positive progress in promoting and defending the LGBTIQ rights, as well as in the ongoing combat against discrimination.
However, it remains highly crucial to ensure proactive measures and a coordinated action in matters of health, safety, family, employment, and cross-border situations, by the European Union, Member States, working groups, equality bodies, and civil society.
As a society, we must join efforts and strive for a more colourful and inclusive future where every voice is heard, every love is cherished, and every individual is celebrated, embraced and empowered to live their truth.
[1] European Commission, Final Report 2015-2019 on the List of actions to advance LGBTI equality (15 May 2020).
[2] Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
[3] Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).
[4] Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
[5] See FRA, EU-LGBTI II – A long way to go for LGBTI equality (14 May 2020) (FRA, second LGBTI survey); and Special Eurobarometer 493: Discrimination in the European Union, October 2019.
[6] ILGA Europe’s Annual Review of the Human Rights Situation of LGBTI people in Europe and Central Asia.
[7] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Union of Equality: LGBTIQ Equality Strategy 2020 – 2025, 12 November 2020, COM (2020) 698 final, pag. 3.
[8] Among other mechanisms, EU Platform of Diversity Charters and the European Social Fund Plus (ESF+).
[9] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Union of Equality: LGBTIQ Equality Strategy 2020 – 2025, 12 November 2020, COM (2020) 698 final, pag. 20.
[10] European Union: High-level Group on Non-discrimination, Equality and Diversity, LGBTIQ Equality Subgroup, Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality, April 2022.
[11] Progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025 (2023),
[12] EU Action Plan on Human Rights and Democracy 2020-2024, JOIN(2020) 5 final.
[13] See the European Social Fund (ESF+) and the “Citizens, Equality, Rights and Values” programme (CERV).
[14] Progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025 (2023).
[15] See Cannoot, P., Ganty, S., ‘Protecting trans, non-binary and intersex persons against discrimination in EU law’, European equality law review, Issue 1 / 2022, Publications Office of the European Union, Luxembourg, 2022, pp. 37-55
[16] Regulation (EU) 2021/818 of the European Parliament and of the Council of 20 May 2021 establishing the Creative Europe Programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013 (OJ L 189, 28.5.2021, p. 34–60).
[17] EuroCentralAsian Lesbian Community (EL*C), Organisation Intersex International Europe (OII Europe), Europe Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA Europe), The International Lesbian, Gay, Bisexual, Transgender and Queer Youth and Student Organisation (ILGYO), Transgender Europe (TGEU).
[18] Examples of EU-funded projects: LGBTIQ Work Equality Alliance, kNOwHATE, Transilience, Rainbow Justice.
[19] The High-Level Group on combating hate speech and hate crime provides a forum for national authorities, international organisations and civil society.
[20] Such as Intergroup for LGBTI Rights, the LGBTIQ Equality Subgroup, and the High-Level Group on non-discrimination, equality and diversity.
[21] Government of Ireland, National LGBTI+ Inclusion Strategy 2019-2021.
[22] Progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025 (2023).
