Promoting the enjoyment of all human rights by lesbian, gay, bisexual and transgender people.
Date: 2010-11-11
Institutions: General Secretariat of the Council
Subjects: LGBTIQ persons, anti-discriminatory measure, fundamental rights, sexual discrimination

EN

Promoting

the Enjoyment of all Human 
Rights by Lesbian, Gay, 
Bisexual and Transgender 
People

OCTOBER 2010

Promoting the Enjoyment 
of all Human Rights by 
Lesbian, Gay, Bisexual and 
Transgender People

Notice

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ISBN 978-92-824-2795-8
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Contents

I. 

Introduction and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

II. 

The enjoyment of all human rights by LGBT people . . . . . . . . . . . . . . . . 7

III.  Priority areas of action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

IV.  General measures  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

V.  Operational Tools  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Annex 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Annex 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Toolkit  to  Promote  and  Protect  the 
Enjoyment of all Human Rights by Lesbian, 
Gay,  Bisexual  and  Transgender  (LGBT) 
People

I. Introduction and Purpose

The document aims to provide staff in the EU Headquarters, EU Member 
States’ capitals, EU Delegations, Representations and Embassies with an 
operational set of tools to be used in contacts with third countries, as well 
as with international and civil society organisations, in order to promote 
and protect the human rights enjoyed by LGBT people within its external 
action. It seeks to enable the EU to proactively react to cases of human 
rights violations of LGBT people and to structural causes behind these 
violations. By doing so, the Toolkit will further contribute to reinforcing 
and supporting the EU’s human rights policy in general.

Gender identity and sexual orientation continue to be used as justifications 
for serious human rights violations around the world. Lesbian, Gay, Bisexual 
and Transgender (LGBT) people constitute a vulnerable group and continue 
to fall victims of persecution, discrimination and gross ill-treatment, often 
involving extreme forms of violence. In several countries, sexual relations 
between consenting adults of the same sex are considered a crime and 
punished with imprisonment or with the death penalty. 

The EU strongly supports the entitlement by all individuals, without 
discrimination, to enjoy the full range of human rights. The promotion 
and protection of human rights features as a key objective of the EU’s 
external action. Through the different tools available to it within its external 
action, including the financial instruments available both through the EU 
institutions and the Member States, the EU will seek to actively promote 
and protect the enjoyment of all human rights by LGBT people.

6

According to the Treaty on European Union (“TEU”), the “Union is founded 
on the value of respect for human dignity […], equality […] and respect for 
human rights. These values are common to the Member States in a society 
in which pluralism, non-discrimination, tolerance, justice, solidarity and 
equality between women and men prevail” (Article 2 TEU).  Article 3 TEU 
commits the Union to promote theses values, combat social exclusion and 
discrimination, equality between women and man and uphold and promote 
its values in its relations with the wider world.  Likewise, the EU treaties – 
following the entry into force of the Treaty of Lisbon - considerably expand 
the EU’s binding obligation on human rights both by stating, in Article 6 
TEU, that the Union recognises the rights, freedoms and principles set out 
in the Charter of Fundamental Rights of the European Union, including 
the prohibition of discrimination on the grounds of sexual orientation 
(Article 21 of the Charter), and providing for the accession of the EU to the 
European Convention on Human Rights. In defining and implementing its 
policies and activities, the Union shall aim to combat discrimination based 
on, inter alia, sexual orientation (see Articles 10 and 19 of the Treaty on the 
Functioning of the European Union).

This document takes full account of the EU Guidelines on Human Rights and 
International Humanitarian Law. The Guidelines on the death penalty, on 
torture and other cruel, inhuman or degrading treatment or punishment, 
on human rights defenders and on violence against women and girls and 
combating all forms of discrimination against them are particularly relevant. 

II. 

 The enjoyment of all human rights 
by LGBT people 

LGBT people have the same human rights as all individuals, which include 
the right to non-discrimination in the enjoyment of these rights. This 
principle is enshrined in numerous international instruments, providing 
for a wide scope in its application. Specifically, at the global level, it is 
embodied in Article 26 of the International Covenant on Civil and Political 
Rights (ICCPR) and Article 2 of the International Covenant on Economic, 
Social and Cultural Rights (ICESCR) (see Annex 1).

The EU unanimously supported the December 2008 United Nations 
General Assembly (UNGA) Statement on human rights, sexual orientation 
and gender identity1, supported by 68 countries from five continents. The 
Statement reaffirms the principle of non-discrimination and condemns 
executions, arbitrary arrest or violations of human rights on the basis of 
sexual orientation or gender identity. 

Lesbian women and gay men are homosexuals: people whose sexual 
orientation is towards someone of the same sex. Bisexuals are people 
whose sexual orientation is towards both sexes. Transgender is the state of 
one’s «gender identity» (self-identification as male, female, both or neither) 
not matching one’s «assigned gender» (identification by others as male or 
female based on physical gender). «Transgender» does not imply any specific 
form of sexual orientation2 Sexual orientation (attraction towards others 
that may or may not involve sexual activity) is distinct from sexual activity.  

1 

2 

 Full text available on 
http://www.droitslgbt2008.fr/documents/?mode=download&id=2
 These  terms,  used  in  the  present  document,  are  not  globally 
applied. 

 
 
8

The sex of a person is usually assigned at birth and becomes a social and 
legal fact from there on. However, some people do not feel that their correct 
sex has been assigned to them at birth. This can also be so for intersex people 
whose bodies incorporate both or certain aspects of both male and female 
physiology, and at times their genital anatomy. For others, problems arise 
because their innate perception of themselves is not in conformity with the 
sex assigned to them at birth. These persons are referred to as ‘transgender’ 
or ‘transsexual’ people. They also include cross-dressers, transvestites and 
other people who do not fit the narrow categories of ‘male’ or ‘female’3. 
Transgender persons are a particularly vulnerable group within LGBT people.

3 

 Definition  from  the  Council  of  Europe’s  Commissioner  for  Human 
Rights’  “Issue  Paper  on  Gender  Identity”.  Although  the  definition 
of gender identity in the document is not a legally binding one, it 
provides a valuable commitment to the protection of human rights 
of transgender persons.

III.   Priority areas of action 

In order to effectively promote and protect the human rights enjoyed 
by LGBT people through EU external action, the EU should focus on the 
following areas: 

1. 

Decriminalisation

Today, around 80 States still criminalise consenting same-sex relations, 
including through the death penalty in seven countries; we understand 
this to be incompatible with international human rights law. Further, such 
criminalisation has an adverse impact on the enjoyment of other human 
rights by LGBT people, such as the right to privacy and to health, as well as of 
association, assembly and expression. Moreover, criminalisation frequently 
brings about other human rights violations such as torture, cruel or inhuman 
treatment, and violation of the right to life with the implementation of the 
death penalty or increased tolerance of so-called “honour killings” of LGBT 
people and the accompanying impunity. 

The EU should actively condemn the criminalisation of consenting same-
sex relations and in particular, the use of the death penalty, torture or 
ill-treatment in this respect. The EU should work to achieve the abolition 
of such practices against all people, including LGBT people.

The actions of the EU in this area should be guided by the following:

° 

° 

 Prioritising its work in those countries where consenting same-sex 
relations are criminalised or where there are moves to change 
existing legislation (in either direction), raising the issue and encou-
raging States to make human rights sensitive legislative changes.

 Putting particular accent on situations where the death penalty is 
in force, and/or torture and ill-treatment take place, condemning 
these practises in the framework of the EU Guidelines on the death 
penalty and the EU Guidelines on torture and other cruel, inhuman 
or degrading treatment or punishment.

10

2. 

Equality and Non-Discrimination 

Discrimination is the most common issue that LGBT people face in the 
majority of countries and on a daily basis on the grounds of sexual 
orientation or gender identity. Discriminatory practices can be found in 
the workplace and in the public sphere, specifically regarding access to 
health care and education.

Such practices go against the right to equality and non-discrimination 
in the enjoyment of human rights as stated in Articles 2 and 26 of the 
International Covenant on Civil and Political Rights (ICCPR) and Article 2 of 
the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The EU should denounce any form of discrimination without a legitimate aim 
on any account that is contrary to these fundamental principles. In respect to 
LGBT people, EU laws and policies include equality and non-discrimination 
on the grounds of sexual orientation, enshrined in Articles 10 and 19 of the 
Treaty on the Functioning of the European Union (TFEU), and Article 21 of 
the Charter of Fundamental Rights of the European Union (CFREU). 

TFEU Article 10

In defining and implementing its policies and activities, the Union shall aim 
to combat discrimination based on sex, racial or ethnic origin, religion or 
belief, disability, age or sexual orientation. 

11

TFEU Article 19

1. 

CFREU Article 21

1.  

 Without prejudice to the other provisions of the Treaties 
and within the limits of the powers conferred by them 
upon the Union, the Council, acting unanimously in 
accordance with a special legislative procedure and after 
obtaining the consent of the European Parliament, may 
take appropriate action to combat discrimination based 
on sex, racial or ethnic origin, religion or belief, disability, 
age or sexual orientation. 

 Any discrimination based on any ground such as sex, race, 
colour, ethnic or social origin, genetic features, language, 
religion or belief, political or any other opinion, mem-
bership of a national minority, property, birth, disability, 
age or sexual orientation shall be prohibited.

The actions of the EU in this area should be guided by the following:

° 

° 

 Encouraging States to promote equality and non-discrimination 
in the enjoyment of all human rights by LGBT people, including by 
introducing national legislative measures and laws that promote 
equality and non-discrimination in the work place and education 
and seek to abolish laws discriminating against LGBT people.

 Identifying situations where political and financial support towards 
governmental and non-governmental initiatives in the promotion 
of non-discrimination would provide added value to this work.  

 
 
12

3. 

Support and Protection for Human Rights Defenders

All States should respect human rights defenders as stated in the 
International Declaration on the Right and Responsibility of Individuals, 
Groups and Organs of Society to Promote and Protect Universally 
Recognised Human Rights and Fundamental Freedoms (adopted in 
1998 by the UNGA). In spite of this, human rights defenders (journalists, 
activists, lawyers, trade unionists etc.) working in the promotion and pro-
tection of the human rights of LGBT people frequently become targets 
for persecution and human rights violations. This is especially the case in 
countries where governments ban public discussion on sexual orienta-
tion and restrict freedoms of association and expression on these issues. 

In order to be consistent with the progress made with regard to the 
implementation of the EU Guidelines on human rights defenders, the 
actions of the EU in this area should be guided by the following:

° 

° 

° 

 Encouraging third countries to adopt a culture of general respect 
towards and recognition of the work carried out by human rights 
defenders, including those of human rights of LGBT people.

 Prioritising its work in countries where there is a poor record 
of respect towards human rights defenders in general and 
specifically defenders of human rights of LGBT people, in par-
ticular where legislative changes and the imposition of criminal 
sanctions have had a negative impact on the work carried out 
by human rights defenders in relation to the human rights of 
LGBT people.   

  Reacting to apparent violations of the rights of human rights 
defenders in third countries, highlighting the EU position in 
relation to this issue and carrying out its work in the framework 
of the EU Guidelines on human rights defenders.

IV.  General measures

The Council Working Group on Human Rights (COHOM) will update this 
Toolkit at least every three years after its adoption. COHOM will also 
promote and oversee further mainstreaming of the LGBT issues within the 
EU’s external action and actively disseminate this Toolkit and promote its 
implementation by the EU Member States, the European Union External 
Action Service, the European Commission and the European Parliament.

COHOM will compile a compendium of good practices and lessons learned 
on EU action in the promotion and protection of the full enjoyment of 
human rights by LGBT people, in order to promote cross-learning and 
policy coherence.

Particular attention will be paid to gender aspects, i.e. to considering both 
men’s and women’s rights, taking account of the fact that lesbian, bisexual 
and trans women make up a significant part of the LGBT group and are 
particularly vulnerable to gender-based and sexual violence. Also, women’s 
civil society groups and organisations frequently play an important role in 
the promotion and protection of human rights enjoyed by LGBT people, 
particularly in countries where LGBT organisations are not permitted.

V.  Operational Tools 

Headquarters and EU Missions in partner countries have various tools and 
actions at their disposal, also using existing instruments and guidelines:  

1. 

Regarding partner countries

Monitoring LGBT rights:

° 

° 

 Use the analysis/checklist in Annex 2 to track and monitor the 
situation of the human rights enjoyed by LGBT people in the 
respective country to identify progress/setbacks.

 Keep contact with local authorities, regional organisations as well 
as local and international civil society organisations, in order to 
obtain information, including on individual cases of human rights 
violations of LGBT people.  

EU Heads of Mission (HoMs) reports:

° 

° 

° 

 Include in the periodic reports an analysis of the situation of LGBT 
people as well as the occurrence of violations of human rights 
towards LGBT people and human rights defenders.  

 Identify individual cases of apparent violations of the human rights 
enjoyed by LGBT people. 

 Detail measures (e.g. démarches, raising the issue in political dialo-
gue, financing) that have been taken or planned to combat alleged 
or proven violations (any action on an individual case should only 
be carried out if the person concerned gives his or her agreement).

15

Human rights fact sheets:

° 

 Address the situation of LGBT people in the human rights fact 
sheets, noting in particular the occurrence of human rights 
violations against LGBT people.  

Démarches and public statements: 

° 

° 

 Propose and carry out démarches and public statements on LGBT 
issues with a particular focus on high risk cases and situations.

 Positive developments made in the promotion and protection 
of the full enjoyment of human rights by LGBT people in third 
countries should also be reacted to.  

Individual Cases:

° 

 Propose specific action, e.g. démarches, when made aware of 
well-documented individual cases of alleged or proven violations 
of the human rights enjoyed by LGBT people (actions on individual 
cases should be determined on a case-by-case basis and may form 
part of a general démarche or statement).   

Court hearings and prison visits:

° 

° 

 Attend court hearings and show visible support during legal pro-
cedures related to cases of violations of human rights enjoyed by 
LGBT people, paying special attention to the high-risk cases.

 Contact a state prosecutor or police authorities to ask for permission 
to visit LGBT people in detention.

16

Political Dialogues:

° 

° 

° 

° 

° 

° 

° 

 Raise the human rights situation of LGBT people in the human 
rights component of political dialogues and specialised dialogues 
(human rights dialogues, consultations, subcommittees, and 
Article 8 Cotonou dialogues) with partner countries and regional 
organisations.

 Raise individual cases, with the consent of those involved, of human 
rights violations towards LGBT people.

 Encourage partner countries to initiate legislative changes to ensure 
equality before the law for LGBT people.

 Encourage partner countries to sign and/or ratify relevant inter-
national instruments, particularly the ICCPR and the ICESCR, and 
to lift any relevant reservations to these instruments. 

 Encourage partner countries to invite UN Human Rights Special 
Procedures to conduct country and thematic missions, to accept 
their recommendations and implement them. 

 Support those partner countries that are in favour of the promo-
tion and the protection of human rights enjoyed by LGBT people, 
encouraging a closer cooperation in multilateral fora and promote 
their efforts as examples on a regional level.  

 Encourage an exchange of information of good practices with 
partner countries that are in favour of the promotion and the pro-
tection of human rights of LGBT people in order to improve and 
contribute to EU measures (to be included in the compendium of 
good practices and lessons learnt). 

17

Supporting efforts by civil society:

° 

° 

° 

° 

° 

° 

 Provide messages of political support when deemed useful.

 Facilitate information on the available funding (e.g. through the 
EIDHR or relevant instruments of the EU Member States).

 Provide information on the situation of laws and practices regarding 
LGBT people in the EU.

 As appropriate, promote the visibility of local organisations pro-
moting the human rights enjoyed by LGBT people e.g. by hosting 
debates and seminars on relevant issues and including LGBT 
aspects and speakers; endorsing cultural events, conferences, or 
social projects.  

 Consult civil society organisations on how to mainstream LGBT.

 Encourage civil society organisations to promote LGBT rights.

International mechanisms:

° 

° 

 Suggest  that  visiting  UN  Special  Rapporteurs,  EU  Special 
Representatives and equivalent figures from the Council of Europe, 
the OSCE and other regional human rights bodies, meet local NGOs 
that work on the promotion and the protection of human rights 
of LGBT people.  

 Encourage local groups to include information on the situation of 
LGBT people in their alternative reports to regional human rights 
mechanisms as well as the UN bodies. Include such information in 
the material for use in the Universal Periodic Review mechanism 
at the UN Human Rights Council.

18

Visiting EU and Member State missions:

° 

 Include information on the situation of LGBT people in briefing 
materials for visiting EU and Member State missions and encourage 
them to raise the issue with local counterparts and to meet human 
rights defenders working on the promotion and the protection of 
human rights of LGBT people.

Throughout these actions special attention should be paid to: high risk cases 
including criminal sentences, the death penalty, torture or ill-treatment; 
cases of alleged and proven violations against human rights defenders 
of LGBT rights; good practices to achieve policy and legal change and to 
structural constraints including discriminatory legislation and practices, as 
well as impunity for human rights violations of LGBT people.

2. 

In multilateral fora

United Nations

° 

° 

 Express the need for all countries to adhere and comply with the 
Universal Declaration of Human Rights (1948), where the principle 
of universality of human rights is enshrined in Article 1 proclaiming 
that “all human beings are born free and equal in dignity and 
rights”.

 Incorporate LGBT concerns in statements and in questions during 
interactive dialogues at the UN, reflecting the fact that the EU is 
deeply concerned by violations of human rights and fundamen-
tal freedoms based on sexual orientation or gender identity and 
condemning in particular the use of the death penalty on this 
ground, extrajudicial, summary or arbitrary executions, the prac-
tice of torture and other cruel, inhuman and degrading treatment 
or punishment, arbitrary arrest or detention and deprivation of 
economic, social and cultural rights.  

19

° 

° 

° 

° 

° 

 Encourage States to take all necessary measures, in particular 
legislative or administrative, to ensure that sexual orientation 
or gender identity may under no circumstances be the basis for 
criminal penalties, in particular executions, arrests or detention; 
to ensure that these human rights violations are investigated and 
perpetrators held accountable and brought to justice; and also 
to ensure adequate protection of human rights defenders, and 
remove obstacles which prevent them from carrying out their 
work.

 Advocate increased UN Member State support to and ensure a 
follow-up to the 2008 UN General Assembly Statement on Human 
Rights, Sexual Orientation and Gender Identity, and where possible, 
collaborating on a cross-regional basis.

 Encourage States to take into consideration the recommendations 
contained in the report of the World Congress on Human Rights, 
Sexual orientation and Gender identity held in Paris in May 2009.

 When appropriate, commend the attention paid to these issues 
by special procedures of the Human Rights Council and Treaty 
bodies and encourage them to continue to integrate consideration 
of human rights violations based on sexual orientation or gender 
identity within their relevant mandate.

 When appropriate, include LGBT questions and recommendations 
in interventions during the UPR process at the Human Rights 
Council (HRC) in Geneva.

20

OSCE

° 

° 

° 

 When appropriate, incorporate LGBT concerns in national state-
ments and in questions during interactive dialogues at the OSCE.

 Continue to work actively for including “sexual orientation and 
gender identity” as explicitly recognised discrimination grounds 
in OSCE Commitments or Ministerial Council Decisions.

 According to the commitment of the participating States of OSCE 
in exchanging information on the abolition of the death penalty 
and make it available to the public (Copenhagen Document), 
incorporate in the EU Member States’ national statements within 
the OSCE´s Human Dimension framework information on the 
abolition of the death penalty related to LGBT people (measure 
contained in the EU Guidelines on the Death Penalty).

Council of Europe (CoE)

° 

° 

° 

° 

 When appropriate, incorporate LGBT concerns in national state-
ments and in questions during interactive dialogues at the CoE.

 Welcome the positive outcome of the committee of experts on 
discrimination on grounds of sexual orientation and gender iden-
tity (DH.LGBT) within the Council of Europe.

 Include the human rights enjoyed by LGBT people when the CoE 
develops human rights protection, such as the draft Convention 
on Violence against Women.

 Take into consideration the work of the Commissioner for Human 
Rights who has prioritised discrimination based on sexual orienta-
tion and gender identity as one of the thematic areas for his Office.

21

Other Mechanisms

° 

° 

° 

° 

° 

° 

° 

 Encourage other relevant international organisations to take 
appropriate steps to animate states to ratify and comply with the 
relevant international norms and standards relating to the enjoy-
ment of human rights by LGBT people.

 Incorporate, when appropriate, LGBT human rights concerns 
in statements and in questions during interactive dialogues at 
international mechanisms.

 Encourage third countries to invite human rights special procedures 
from different international organisations to do country and the-
matic missions, to accept their recommendations and carry out 
their implementation. 

 Where possible, make efforts to collaborate on a cross-regional 
basis in organising side-events on promoting and protecting the 
enjoyment of the human rights by LGBT people, in particular to 
discuss good practices on LGBT issues; pay attention to the recom-
mendations adopted by all different international organisations, 
encouraging States to take them into consideration to improve 
the local human rights situation of LGBT people. 

 Identify possible like-minded States to advance LGBT equality in 
the enjoyment of human rights.

 Stimulate Office of the UN High Commissioner for Human Rights 
(UNOHCHR), other UN entities, Council of Europe (CoE) and OSCE 
local offices to address LGBT human rights issues in their work.  

 Include civil society members in side-events that take place in 
multilateral fora to promote LGBT human rights issues.

 
Annex 1

International  and  Regional  Legal  Instruments,  Declarations, 
Statements and other available standards for the promotion and 
protection of human rights enjoyed by LGBT people

International Legal Instruments:  

° 

° 

° 

° 

° 

° 

° 

  Convention of the Rights of the Child (CRC), 1989
(Art. 2)

 Convention against Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment (CAT), 1984
(Art. 1)

 Convention on the Elimination of All Forms of Discrimination 
against Women (CEDAW), 1979 
(Arts. 2, 10, 11, 12, 13)

 International Covenant on Economic, Social and Cultural Rights 
(ICESCR), 1966
(Arts. 2, 3, 7, 12, 13, 14)

 International Convention on the Elimination of All Forms of Racial 
Discrimination (ICERD), 1965

 International Covenant on Civil and Political Rights (ICCPR), 1966 
(Arts. 2, 3, 7, 9, 14, 17, 18, 19, 22, 24, 26)

 International Labour Organisation (ILO) Convention No. 111, 1958

Regional Legal Instruments:

a)  

Europe

° 

° 

° 

 Treaty on Functioning of the European Union (TFEU), 2010
(Art. 10 and Art. 19)

 Charter of Fundamental Rights of the European Union, 2000
(Art. 21)

 European Convention on Human Rights (ECHR), 1953 
(Arts. 8, 12, 14)

 
 
 
 
 
 
 
 
24

° 

b) 

° 

° 

c)  

° 

d)  

° 

 EU secondary legislation: Council Directive 2000/78/EC establishing 
a general framework for equal treatment in employment and 
occupation, 2000

Americas 

American Convention of Human Rights,1978

 Inter-American Commission on Human Rights, 1959

Asia

ASEAN Charter, 2007

Africa

 African Charter on Human and People’s Rights, 1981 

Declarations

° 

° 

Universal Declaration of Human Rights, 1948

(Arts. 1,2,3,5,7,12,16,18,19,20,22,23)

 UN Declaration on the Right and Responsibility of Individuals, 
Groups and Organs of Society to Promote and Protect Universally 
Recognised Human Rights and Fundamental Freedoms, 1999

(Arts. 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 18)

Other regional documents

° 

° 

° 

 Council of Europe “Recommendation on Measures to Combat 
Discrimination o Grounds of sexual orientation and gender iden-
tity”, 2010

 OAS resolution “Human rights, sexual orientation and gender 
identity”, 2008

 OAS resolution on “Human rights, sexual orientation and gender 
identity in the Countries of the Americas”, 2009

Statements

° 

 UNGA Statement on human rights, sexual orientation and gender 
identity, 2008

 
 
Annex 2

Elements for analysis/checklist of situation regarding LGBT human rights 
issues:

Human rights issue

Indicators

Sources of 
Information

1. Right to life

1.1 Is the death 
penalty being 
used to penalise 
consenting same sex 
relations?

1.2 Are LGBT people 
being targeted for 
extra-judicial killings 
on the basis of their 
sexual orientation or 
gender identity?

Criminal code; news-
paper reports; crime 
statistics; NGOs, 
blogs and websites.

Testimonies; news-
paper reports; NGOs, 
blogs and websites; 
reports of UN Special 
Rapporteurs or other 
representatives of 
international organi-
sations.

Does the law provide 
for death penalty for 
consenting same sex 
relations? Is the legis-
lation being enforced 
(investigations by 
police and/or senten-
cing by courts)? 

Are there reliable 
reports of LGBT 
people being mur-
dered or being 
threatened to be 
murdered either by 
or with the involve-
ment of the police 
or other security 
officials? Have such 
cases been investiga-
ted and prosecuted?

26

2. Right to freedom from torture or cruel, inhuman or degrading
    treatment

2.1 Are LGBT people 
systematically sub-
jected to torture by 
police or other secu-
rity forces?

2.2 Do police and 
other security offi-
cials offer adequate 
protection to LGBT 
people?

Are there reliable 
reports of LGBT 
people being tortu-
red by police or other 
security forces during 
investigations or 
detention? Have such 
cases been investiga-
ted and prosecuted?

Testimonies; news-
paper reports; NGOs, 
blogs and websites; 
reports of UN Special 
Rapporteurs or other 
representatives on 
international organi-
sations.

Are violent crimes 
against LGBT people 
investigated and pro-
secuted?

Testimonies; news-
paper reports; crime 
statistics; NGOs, 
blogs and websites;

3. Right to equality before the law and non-discrimination

3.1 Do LGBT people 
have equal and 
effective protection 
against discrimina-
tion before the law?

Testimonies; anti-
discrimination 
legislation; legal 
codes generally; legal 
associations; NGOs, 
blogs and websites.

Does legislation 
discriminate on 
the basis of sexual 
orientation or gen-
der identity? Does 
anti-discrimination 
legislation cover 
sexual orientation 
and gender identity? 
Is this legislation 
being enforced by 
the police and the 
courts system? 

27

4. Right to privacy

4.1 Is criminal law 
being used to pena-
lise consenting same 
sex relations?

4.2 Are other laws 
concerning morality 
or public order used 
to outlaw same sex 
relations?

4.3 Are there dif-
ferences in the 
age of consent for 
heterosexual and 
homosexual acts? 
Are these enforced?

4.4 Can transgender 
people change their 
gender designation 
in official docu-
ments?

Testimonies; criminal 
code; newspaper 
reports; crime statis-
tics; NGOs, blogs and 
websites.

Testimonies; news-
paper reports; NGOs; 
criminal code; asso-
ciations of lawyers.

Testimonies; news-
paper and website 
reports of court 
cases; NGOs; criminal 
codes; police reports.

Do police arrest 
people on suspicion 
of same sex rela-
tions? Are people 
tried and punished 
for such relations?

Do the authorities 
raid private parties, 
or prevent people 
from advertising for 
companions on inter-
net sites?

Are there inves-
tigations and/or 
prosecutions? Do 
young people under 
the age of consent 
get punished for 
same sex acts when 
they would not be for 
sexual acts with the 
opposite sex?

Does the law and/or 
administrative regu-
lation permit this?

Official registration 
agencies; LGBT 
NGOs.

28

Legal associations; 
officials authorised to 
conduct marriages.

Law on NGOs/asso-
ciations; existence of 
websites; reports of 
NGOs; trade unions.

4.5 Can a transgen-
der person enjoy all 
of the rights of her/
his new reassigned 
gender, including the 
right to marry

5. Right to association

5.1 Can LGBT people 
establish associations 
to represent their 
interests?

From a legal perspec-
tive, is a transgender 
person who has 
had his/her gender 
reassigned treated 
the same way as any 
other person of the 
same gender? 

Does the law forbid 
such associations? If 
not, are they effec-
tively outlawed by 
official harassment? 
Does membership 
involve any adverse 
consequences for the 
members? Do asso-
ciations feel obliged 
to conceal their true 
vocations by using 
euphemisms?

29

6. Freedom of Assembly

6.1 Can LGBT associa-
tions organise public 
events like Gay Pride 
Marches or cultural 
or social events?

Do such events 
take place without 
excessive political 
obstacles? Do the 
police protect the 
events if there is 
public hostility? 
Is pressure put on 
owners not to hire 
premises for LGBT 
events?

7. Freedom of information and Expression

7.1 Does the law 
permit journals/
websites/radio/TV 
programmes/films 
that feature LGBT 
subjects? Can these 
effectively operate?

Are journals avai-
lable on public sale? 
Can radio, TV shows 
and films feature 
aspects of LGBT life? 
Is reporting LGBT 
issues intended to 
be informative or 
to incite hatred? Is 
there official pres-
sure on distributors 
and broadcasters 
to discourage posi-
tive images of LGBT 
people?

Law on assemblies; 
news reports; NGO 
reports; websites of 
local civil liberties/
LGBT groups.

Appearance on newss-
tands around the 
country; newspaper 
and website reports; 
human rights and 
LGBT NGO reports; 
discussions with 
media groups. 

30

8. Right to Work

8.1 Do people who 
are known, or sus-
pected, to be LGBT 
suffer discrimination 
in the right to work?

Testimonies; news-
paper and website 
reports; LGBT groups 
and blogs; trade 
unions. 

Do LGBT people have 
to hide their sexual 
orientation/gen-
der identity at the 
workplace or when 
applying for work? 
Are they lawfully dis-
missed if their LGBT 
status is discovered? 
Is there any legal 
protection against 
discrimination on the 
grounds of sexual 
orientation or gender 
identity?

31

9. Right to health

9.1 Do LGBT people 
enjoy equality in 
access to health 
facilities for issues 
relevant to them?

9.2 Can trans-
gendered people 
obtain health care 
appropriate to their 
condition if it is avai-
lable?

Is there access to 
confidential and ade-
quate health services 
for LGBT people? 
Is there adequate 
information on HIV/
AIDS/STD prevention 
targeting them? Do 
adverse criminal laws 
prevent or make 
access to health faci-
lities more difficult 
for LGBT people? 
Are some health ser-
vices denied to LGBT 
people, e.g. repro-
ductive health care 
to lesbians?

Are psychiatrists and 
doctors permitted to 
assist transgendered 
people to change 
their gender?

LGBT groups; pro-
fessional medical 
associations; ministry 
of health.

Ministry of health; 
professional associa-
tions of doctors and 
psychiatrists; patient 
organisations; LGBT 
groups.

32

10. Rights of children

10.1 Do children 
suffer from discrimi-
nation as a result of 
sexual orientation or 
gender identity?

Anti-discrimination 
legislation; laws on 
the rights of children; 
laws on guardianship, 
inheritance, legal 
associations; chil-
dren’s rights and 
LGBT NGOs.

Are children dis-
criminated against 
because of their own 
sexual orientation 
or gender identity? 
Does the sexual 
orientation or gender 
identity of an LGBT 
parent have a nega-
tive impact on the 
status of his or her 
children?

General Secretariat of the Council

Promoting the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and 
Transgender People

Luxembourg: Publications Office of the European Union

2010 - 32 p. - 14,8 x 21,0 cm

ISBN 978-92-824-2795-8
doi:10.2860/62206

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doi:10.2860/62206

© European Union, 2010