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
Date: 2020-11-12
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU strategy, discrimination on the basis of sexual orientation, equal treatment, fundamental rights, gender identity, marginalisation, social integration

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 12.11.2020  COM(2020) 698 final  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  
 
 
TOWARDS LGBTIQ EQUALITY: FREE TO BE YOURSELF IN THE EU 

I will not rest when it comes to building a Union of equality. A Union where you can be who 
you are and love who you want – without fear of recrimination or discrimination.    

Because being yourself is not your ideology. It’s your identity.  

And no-one can ever take it away.   

Ursula von der Leyen (President of the European Commission)  
State of the Union 2020 

Everybody  in  the  European  Union  should  be  safe  and  free  to  be  themselves.  Our  social, 
political  and  economic  strength  comes  from  our  unity  in  diversity:  Equality  and  non-
discrimination  are  core  values  and  fundamental  rights  in  the  EU,  enshrined  in  its  Treaties 
and in the Charter of Fundamental Rights1. Equal opportunities is also one of the key pillars 
of the European Pillar of Social Rights. The European Commission, the Parliament and the 
Council,  together  with  Member  States,  all  share  a  responsibility  to  protect  fundamental 
rights and ensure equal treatment and equality for all. 

In recent  decades,  legislative developments,  case law and policy initiatives have improved 
many people’s lives and helped us building more equal and welcoming societies, including 
for lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ2) people. In 2015, 
the  Commission  presented  the  “List  of  Actions  to  Advance  LGBTI  Equality”3,  the  first 
policy framework specifically combatting discrimination against LGBTI people. At national 
level,  21  Member  States4  have  legally  recognised  same-gender  couples,  while  four  have 
introduced legal gender-recognition procedures without any medical requirements5.  

Recent research also shows that even when greater social acceptance and support for equal 
rights is present, it has not always translated into clear improvements in LGBTIQ people’s 
lives.  

In  a  2019  survey,  the  European  Union  Agency  for  Fundamental  Rights  (FRA)  found  that 
discrimination  on  grounds  of  sexual  orientation,  gender  identity/expression  and  sex 

1   See in particular Article 2 of the Treaty on European Union and Article 23 of the Charter of Fundamental 
Rights.  The  latter  was  the  first  international  human-rights  charter  to  explicitly  prohibit  discrimination  on 
the grounds of ‘sexual orientation’.   

2    LGBTIQ people are people: 

 who are attracted to others of their own gender (lesbian, gay) or any gender (bisexual);  
 whose gender identity and/or expression does not correspond to the sex they were assigned at birth (trans, 

non-binary);  

 who are born with sex characteristics that do not fit the typical definition of male or female (intersex); and  
 whose identity does not fit into a binary classification of sexuality and/or gender (queer). 

3    European Commission, Final Report 2015-2019 on the List of actions to advance LGBTI equality (15 May 

2020). 

4     Austria,  Belgium,  Croatia,  Cyprus,  Czechia,  Denmark,  Estonia,  Finland,  France,  Germany,  Greece, 

Hungary,  Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, Sweden. 

5    Denmark, Ireland, Luxembourg, Malta. 

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characteristics was  actually increasing in  the EU: 43% of LGBT people declared that they 
felt discriminated against in 2019, as compared to 37% in 20126.   

Discrimination  against  LGBTIQ  people  persists  throughout  the  EU.  For  several  LGBTIQ 
people in the EU, it is still unsafe to show affection publicly, to be open about their sexual 
orientation,  gender  identity,  gender  expression  and  sex  characteristics  (be  it  at  home  or  at 
work),  to  simply  be  themselves  without  feeling  to  be  threatened.  An  important  number  of 
LGBTIQ people are also at risk of poverty and social exclusion. Not all feel safe to report 
verbal abuses and physical violence to the police.  

The  COVID-19  crisis  has  brought  new  pressures  for  the  most  vulnerable  groups,  and 
LGBTIQ  people  are  no  exception.  Confinement  restrictions  have  locked  many  LGBTIQ 
people, young and old, into hostile environments where they might be at risk of violence or 
heightened levels of anxiety or deeper depression7. Widespread fake news has even blamed 
LGBTIQ people for the spread of the virus8.  

46% of 
respondents to a 
survey said they 
would not feel 
comfortable 
(totally or 
moderately) with 
having an 
intersex person 
elected to the 
highest political 
position. 

57% of 
respondents to the 
same survey said 
they would not be 
comfortable 
(totally or 
moderately) about 
their children 
being in a 
relationship with 
a trans person. 

62% of intersex 
respondents to the 
survey felt 
discriminated 
against in at least 
one area of life in 
the 12 previous 
months because 
of being intersex. 

LGBTIQ  people’s  everyday  experience  also  varies  significantly  across  the  EU.  Although 
social  acceptance  of  LGBTI  people  had  rose  from  71%  in  2015  to  76%  in  2019,  it  had 
actually gone down in nine Member States9.  

There is also a worrying trend in parts of the EU of more frequent anti-LGBTIQ incidents 
such as attacks on LGBTIQ public events including Pride marches, so-called declarations of 
‘LGBTIQ  ideology-free  zone’,  and  homophobic  intimidation  at  carnival  festivities.  Civil 
society  organisations  protecting  and  advancing  the  rights  of  LGBTIQ  people  increasingly 
report that they face hostility, coinciding with the rise of the anti-gender (and anti-LGBTIQ) 
movement10.  It  is  imperative  that  Member  States  react  quickly  to  reverse  these  new 
developments. 

The European Union has to be at the forefront of efforts to better protect LGBTIQ people’s 
rights.  

6   FRA, EU-LGBTI II - A long way to go for LGBTI equality (14 May 2020) (FRA, second LGBTI survey). 
7   ILGA-Europe found that confinement measures put  LGBTIQ people at a higher risk of domestic violence 
or abuse, and the precarious job and housing situation and lower health outcomes of many LGBTIQ people 
make them more vulnerable to COVID-19 and its socioeconomic impact (COVID-19 and specific impact 
on LGBTI people and what authorities should be doing to mitigate impact, 2020). 

8   United Nations Office of the High Commissioner for Human Rights,  COVID-19 and the human rights of 

LGBTI people. 

9   Special Eurobarometer 493: Discrimination in the European Union, October 2019. 
10   FRA, Challenges facing civil society organisations working on human rights in the EU (29 January 2018). 

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With  this  first-ever  LGBTIQ  equality  strategy,  the  Commission  addresses  the  inequalities 
and challenges affecting LGBTIQ people, in order to move towards a Union of Equality. 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. 
Discrimination is often multidimensional and only an intersectional11 approach can pave the 
way to sustainable and respectful changes in society. 

40% of respondents to a 
survey pointed to ethnic 
origin or immigrant 
background as an additional 
ground for discrimination, 
besides being LGBTI. 

Geographical remoteness 
can be an additional 
vulnerability factor. 47% 
of the LGBTI respondents 
across all groups in the EU 
live in a big city, 11% in the 
suburbs or outskirts of a big 
city, 30% in a town or small 
city, and 13% in a rural area. 

This strategy follows calls for action by Member States12, the European Parliament13, with 
the  strong  support  from  the  Intergroup  for  LGBTI  Rights,  and  civil  society.  It  sets  out  a 
series of targeted actions 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.  

These  targeted  actions  will  be  combined  with  attention  to  specific  LGBTIQ  concerns  in 
enhanced equality mainstreaming into all EU policies, legislation and funding programmes. 

This strategy aims to help lift the voices of LGBTIQ people and to bring together Member 
States  and  actors  at  all  levels  in  a  common  endeavour  to  address  anti-LGBTIQ  equality 
effectively. It is being adopted at a time where we are witnessing the erosion or back-sliding 
of fundamental rights in some Member States. Whilst the EU has very high standards in the 
area of fundamental rights, they are not always equally applied. This strategy complements 
existing and upcoming initiatives to promote the EU dimension of equality in general14.  

11   According to Article 10 of the Treaty on the Functioning of the European Union (TFEU), when ‘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’. The European Institute for 
Gender  Equality  defines  ‘intersectionality’  as  an  ‘analytical  tool  for  studying,  understanding  and 
responding to the ways in which sex and gender intersect with other personal characteristics/identities, and 
how these intersections contribute to unique experiences of discrimination’. This definition applies equally 
to any form of discrimination. 

12    Joint Non-Paper of 19 Member States (December 2018).  
13   Report on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and 

gender identity (2013/2183(INI)) (8 January 2014). 

14   These initiatives include: the EU Strategy on victims’ rights (COM(2020)258), the Gender equality strategy 
2020-2025  (COM(2020)152), the  Strategic EU  Framework for Roma equality inclusion  and participation 
(COM(620)2020),  the  European  Pillar  of  Social  Rights;  the  EU  anti-racism  action  plan  2020-2025 
(COM(2020)565), the Strategy on the rights of persons with disabilities (planned for Q1 2021), the Strategy 

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1.  TACKLING DISCRIMINATION AGAINST LGBTIQ PEOPLE  

19% of lesbian, 
gay and bisexual 
people, 35% of 
trans people and 
32% of intersex 
people felt 
discriminated 
against at work in 
the previous year. 

46% of LGBTI 
people are never 
open to medical 
staff or healthcare 
providers about 
being LGBTI.  

51% of intersex 
and 48% of trans 
persons, 35% of 
lesbians and 31% 
of gay men live in 
households that 
have difficulties 
making ends 
meet.  

Discrimination affects  LGBTIQ people at every stage in life. From an early age, LGBTIQ 
children and young people, and children of LGBTIQ or rainbow families, where one of the 
member  is  LGBTIQ,  are  often  stigmatised,  making  them  targets  of  discrimination  and 
bullying  that  affects  their  educational  performance  and  employment  prospects,  their  daily 
lives and their personal and family well-being15.  

In employment, LGBTIQ people continue to experience discrimination during recruitment, 
in  the workplace and at  the end of their career, contrary to  the EU legislation in this area. 
Many face barriers in finding fair and stable jobs in the first place, which may increase the 
risk  of  poverty,  social  exclusion  and  homelessness.  Recent  research  has  shown  that  trans 
people encounter additional barriers when seeking to access the labour market16.  

LGBTI  people  suffer  from  high  rates  of  homelessness17.  Being  expelled  from  the  family 
home  and  experiencing  discrimination  in  access  to  housing  are  the  main  drivers  for 
becoming  homeless,  in  particular  for  young  LGTBIQ  people18.  An  estimated  25-40%  of 
young people experiencing homelessness are identified as LGBTI19.  

Discrimination  on  grounds  of  sexual  orientation,  gender  identity/expression  and  sex 
characteristic can also have a significant impact on LGBTIQ people’s physical, mental and 
sexual  health  and  their  well-being.  EU  research  has  demonstrated  significant  health 
inequalities between the LGBTIQ community and the population as a whole20. In addition, 
LGBTIQ  people  are  often  reluctant  to  seek  healthcare,  because  they  have  experienced  or 
fear  hostile  reactions  from  health  professionals  and  still  struggle  to  access  quality  and 
affordable  medication  and  care,  including  community  and  social  care.  Those  who  have 
disabilities, are  elderly, migrants, or come from ethnic or religious minority background are 

on the rights of the child (planned for Q1 2021) and the Strategy on combating antisemitism (planned for 
Q4 2021). 

15   UNESCO, Out in the open: education sector responses to violence based on sexual orientation and gender 
identity/expression (2016); NESET II, How to prevent and tackle bullying and school violence (2016).  
16   European  Commission,  Legal  gender  recognition  in  the  EU:  The  journeys  of  trans  people  towards  full 

equality (June 2020).  

17   LGBTI  people  are  particularly  at  risk  of  encountering  homelessness,  as  4%  of  trans  and  intersex 
respondents indicated that they slept rough or in a public space at least once (FRA, second LGBTI survey).  

18   See for example: https://www.feantsa.org/en/newsletter/2017/09/28/autumn-2017?bcParent=27  
19   https://www.ilga-europe.org/sites/default/files/COVID19%20_Impact%20LGBTI%20people.pdf 
20   LGBTIQ  people  are  at  a  higher  risk  of  developing  certain  types  of  cancer  at  a  younger  age  or  of 
experiencing mental distress, including suicidal ideation and suicide, and are more likely to be dissatisfied 
with the healthcare they receive (European Commission, June 2017) 

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particularly  vulnerable  to  discrimination.  The  COVID-19  crisis  has  increased  this 
vulnerability21. 

1.1   Enforcing and improving legal protection against discrimination 

EU  law  ensuring  legal  protection  against  discrimination  is  key  to  advancing  LGBTIQ 
equality,  as  is  the  CJEU  case  law.  Such  protection  falls  under  different  legal  frameworks 
depending on whether the discrimination that LGBTIQ individuals may experience is on the 
grounds  of  sexual  orientation  (anti-discrimination  framework)  or  sex,  including  gender 
reassignment22 (gender equality framework).  

The  Employment  Equality  Directive23  enshrines  the  right  not  to  be  discriminated  against, 
nor be subjected to harassment, in employment contexts on the basis of sexual orientation. 
In  a  recent  decision,  the  CJEU  clarified  that  a  public  statement  of  a  person  ruling  out 
recruitment  of  a  person  of  a  certain  sexual  orientation  can  constitute  prohibited 
discrimination.24 While this directive sets out a strong baseline, the impact of its provisions 
is constrained in two ways: by challenges in application, and by limitations in scope, since 
the legislation does not go beyond employment.  

The Commission will ensure rigorous application by Member States of the rights covered by 
the Employment Equality Directive and will report on the Directive’s application in 202125. 
The  report  will  also  examine  whether  Member  States  have  followed  the  Commission’s 
recommendation to  consider designating an equality body to address discrimination on the 
grounds  of  religion  or  belief,  disability,  age  and  sexual  orientation  within  the  scope  of 
application  of  the  Directive26.  By  2022,  the  Commission  will  put  forward  any  legislation 
required as a result, in particular on the role of equality bodies. 

The Gender Equality Directive27 enshrines the right not to be discriminated against, nor be 
subjected to harassment, in access to employment, working conditions (including pay) and 
occupational  social  security  schemes  on  the  basis  of  sex,  including  gender  reassignment. 
The principle of equal treatment for men and women precludes dismissal for a reason related 
to  gender  reassignment28.  EU  law  as  confirmed  by  the  European  Court  of  Justice  (CJEU) 
also provides for the right not to be discriminated against on the basis of sex, again including 

21   For  instance,  as  compared  with  the  population  as  a  whole,  higher  proportions  of  LGBTIQ  people  are 
unemployed and in precarious jobs, and have access to very limited and unstable financial resources.  The 
crisis  has  exacerbated  the  situation,  shedding  light  on  the  vulnerability  of  people  in  precarious  jobs  and 
housing conditions. Due to discrimination, stigma and this  lower socio-economic status, LGBTIQ people 
have  significantly  lower  health  outcomes,  often  linked  with  lower  access  to  comprehensive  health 
insurance, and are therefore more vulnerable to the virus (ILGA-Europe, COVID-19 impact).  

22  ‘Gender reassignment’ is the term that was in use at the time that the decisions in P., Richards , and Case C-
117/01,  K.B.  v  National  Health  Service  Pensions  Agency  and  Secretary  of  State  for  Health,  07.01.2004, 
ECLI:EU:C:2004:7 were communicated by the CJEU. 

23   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). 

24    CJEU  Case  C-507/18,  NH  v  Associazione  Avvocatura  per  i  diritti  LGBTI  —  Rete  Lenford,  23.04.2020, 

ECLI:EU:C:2020:289. 

25   This  report  will  be  presented  jointly  with  the  report  on  Council  Directive  2000/43/EC  of  29  June  2000 

implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. 

26   Commission Recommendation (EU) 2018/951 on standards for equality bodies (OJ L 167, 04.07.2018, p. 

28). 

27   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). 
28   CJEU Case C-13/94, P v S and Cornwall County Council, 30.04.1996, ECLI:EU:C:1996:170. 

5 

 
 
                                                           
gender reassignment in access to goods and services available to the public29 and in statutory 
social security30. This legal framework does not yet explicitly mention sex characteristics as 
a prohibited ground for discrimination.  

In 2008, the Commission  put  forward  a proposal for an Equal  Treatment Directive, which 
would extend EU legal protection against discrimination on the basis of, among other things, 
sexual orientation beyond the area of employment and vocational training31: it calls on the 
Council  to  adopt  the  proposal  in  order  to  close  the  gaps  in  EU  law  protection  against 
discrimination based on sexual orientation.  

Research supported by the Commission, the Council of Europe and civil society32 has shown 
that  Member  States  have  diverging  approaches  with  regard  to  protecting  LGBTIQ  people, 
especially  non-binary,  intersex  and  queer  people,  against  discrimination.  The  Commission 
will  support  Member  States  in  stepping  up  their  exchanges  of  best  practice  on  legal 
protection  against  discrimination  on 
the  grounds  of  sexual  orientation,  gender 
identity/expression and sex characteristics in various areas. While some Member States have 
added sex characteristics as a ground for discrimination to their national equality legislation, 
others  have  used  a  broad  interpretation  of  ‘sex’33.  Similarly,  the  grounds  of  gender 
expression  features  in  anti-discrimination  legislation  in  only  a  few  Member  States.  The 
Commission is examining how non-binary, intersex and queer people can be better protected 
against discrimination.  

New  technologies  bring  new  opportunities  to  improve  the  lives  of  Europeans,  but  also 
present  new  challenges.  While  artificial  intelligence  (AI)  can  be  used  to  address  many 
societal  issues,  it  can  also  exacerbate  real  life  discrimination,  including  against  LGBTIQ 
people, and gender inequalities. In particular, as highlighted in a recent Commission policy 
review, one of the emerging challenges in  the field  of facial recognition  AI systems  is  the 
identification  of  trans  faces,  especially  during  transition  periods34.  The  Commission  is 
planning  to  put  forward  a  regulatory  framework  that  will  specifically  address  bias  and 
unjustified discrimination inherent in high-risk AI systems, including biometric systems.  It 
will  propose  specific  requirements,  including  on  documentation,  related  to  the  quality  of 
training  datasets  and  testing  procedures  for  bias  detection  and  correction.  These 
requirements  would  serve  to  prevent  negative  discriminatory  effects  early  on,  and  enable 
continuous  monitoring  and  vigilance  for  compliance  with  existing  equality  legislation 
throughout the AI lifecycle.  

1.2   Promoting inclusion and diversity in the workplace 

29   Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in 

the access to and supply of goods and services (L 373, 21.12.2004, p. 37). 

30   CJEU Case C-423/04, Sarah Margaret Richards v Secretary of State for Work and Pensions, 27.04.2006, 

ECLI:EU:C:2006:256. 

31   Proposal  for  a  Council  Directive  on  implementing  the  principle  of  equal  treatment  between  persons 

irrespective of religion or belief, disability, age or sexual orientation, COM/2008/0426 final.  

32   See ILGA-Europe Rainbow Map and Index 2020. 
33  European Commission, Trans and intersex equality rights in Europe – a comparative analysis (November     
2018);  Council  of  Europe  Commissioner  for  Human  Rights,  Human  rights  and  intersex  people  (April 
2015).  

34  Keyes,  O. (2018), ‘The misgendering  machines: trans/HCI implications of automatic gender recognition’, 
Proceedings of the ACM on Human–Computer Interaction, 2(CSCW), 88. https://doi.org/10.1145/3274357, 
as cited in upcoming publication: European Commission, Directorate General for Research and Innovation 
(2020) Gendered Innovations: How inclusive analysis contributes to research and innovation. 

6 

 
 
 
                                                           
Beyond the prohibition of discrimination, diverse and inclusive work environments help to 
create  equal  opportunities  in  the  labour  market  and  improve  business  outcomes.  Diversity 
and  inclusion  are  crucial  to  stimulating  new  ideas  and  fostering  an  innovative,  thriving 
society. For example, there is a proven correlation between LGBTIQ inclusion and returns 
on assets, innovation and productivity35.  

The  Commission  promotes  diversity  management  through  the  EU  Platform  of  Diversity 
Charters36.  The  signatories  have  adopted  diversity  and  inclusion  policies,  established 
internal LGBTIQ networks, provided training for their staff, celebrated the International Day 
against  Homophobia,  Transphobia,  Biphobia  and  Interphobia  (IDAHOT),  and  participated 
in  national  Pride  events.  LGBTIQ  employees  can  benefit  from  improved  coordination 
between  the  EU  Platform,  national  diversity  charters  and  individual  businesses.  The 
Commission will continue to foster the creation of national diversity charters and engage in 
specific efforts to promote LGBTIQ equality through dedicated action in the framework of 
the EU Platform of Diversity Charters.  

The  Commission  will  promote  the  use  of  the  European  Social  Fund  Plus  (ESF+)37  to 
improve the socio-economic position of the most marginalised LGBTIQ people and develop 
initiatives focusing on specific groups, such as the gay, lesbian, bisexual, trans and intersex 
subgroups.  The  Commission  will  gather  evidence  regarding  the  barriers  to  full  equality 
experienced in employment, but also in other areas, such as social protection. This work will 
feed  into  guidance  for  Member  States  and  businesses  on  enhancing  trans  and  intersex 
people’s participation in the labour market. The Commission will foster the exchange of best 
practice between the Member States and provide  reliable and  comparable data in  this  area 
with  FRA  support.  The  Commission  will  continue  to  support  measures  under  the  gender 
equality  strategy38  intended  to  improve  the  socio-economic  position  of  women,  including 
those that are relevant for LBTIQ women39.  

Social enterprises, and the social economy at large, can be on the frontline in the tackling of 
anti-LGBTIQ discrimination. They can develop specific programmes, training and schemes 
leading to increased inclusion of LGBTIQ people. In 2021, the Commission will publish a 
European  action  plan  for  social  economy  that  will  foster  the  development  of  these 
enterprises  and  organisations,  and  address  how  better  to  include  specific  marginalised 
groups in the society, including LGBTIQ people.   

The Commission will lead by example as an employer. In the framework of its new human 
resources  strategy,  it  will  continue  to  strive  for  a  fully  inclusive  working  environment, 
providing  in  particular  more  targeted  support  and  guidance  for  LGBTIQ  staff,  as  well  as 
significantly  improving  the  use  of  gender-inclusive  language  in  all  communication.  The 

35   See,  for  example,  Li,  F.,  Nagar,  V.  (2013),  ‘Diversity  and  performance’,  Management  Science  59, 
pp. 529-544;  Shan,  L.,  Fu,  S.,  Zheng,  L.  (2016),  ‘Corporate  sexual  equality  and  firm  performance’, 
Strategic  Management  Journal  38(9),  pp. 1812–1826;  and  Gao,  H.,  &  Zhang,  W.  (2016),  ‘Employment 
non-discrimination acts and corporate innovation’, Management Science 63(9), pp. 2982–2999. 

36  It  is  currently  composed  of  26  national  diversity  charters  representing  a  network  of  around  12,000 

organisations with over 16 million employees. 

37   Equal  opportunities  and  non-discrimination  have  to  be  promoted  under  the  European  Social  Fund  Plus 
throughout the preparation, implementation, monitoring and evaluation of the programmes. Member States 
shall also support specific targeted actions to promote these principles. 

38   European Commission, A Union of Equality: Gender Equality Strategy 2020-2025, 5.3.2020, COM(2020) 

152 final 

39   Action to tackle the gender pay gap may be particularly relevant for LBTIQ households.  

7 

 
 
                                                           
Commission invites the other EU institutions to take steps to foster diversity and inclusion in 
their respective workplaces.  

1.3   Combating inequality in education, health, culture and sport 

The  Commission  will  support  the  fostering  of  best  practice  exchanges  between  Member 
States  and  experts  on  ensuring  safe  and  inclusive  education  for  all  children,  young  people 
and  adults.  For  instance,  a  new  expert  group40  developing  proposals  on  strategies  for 
creating  supportive  learning  environments  for  groups  at  risk  of  underachievement  and  for 
supporting  wellbeing  at  school,  will  address  gender  stereotypes  in  education,  bullying  and 
sexual harassment. In addition, the Commission’s upcoming comprehensive Strategy for the 
rights  of the  child, will ensure indiscriminate access  to  rights,  protection and services  also 
for LGBTIQ children. Promoting a more inclusive education is in the interests of all students 
and citizens, and it helps to combatting stereotypes and to building a fairer society for all.  

Research on the intersectional experiences of LGBTIQ people, as those who are elderly or 
with  disabilities,  is  often  lacking.  Horizon  Europe  will  support  gender  studies  and 
intersectional research relevant for LGBTIQ people, including on health.  The Commission 
will disseminate the research results, including their recommendations and policy guidance, 
and  organise  an  EU-wide  conference  through  the  EU  Health  Policy  Platform.  It  will  also 
propose  that  the  Steering  Group  on  Promotion  and  Prevention  (SGPP)  considers  validated 
health-related good practice in this area that could be implemented by the Member States. 

Member States will be encouraged to organise training for healthcare professionals to raise 
awareness  of  the  health  needs  of  gay  and  bisexual  men;  lesbian  and  bisexual  women; 
intersex people; and trans people and to avoid discrimination and stigmatisation in access to 
health  services.  The  training  material  from  the  HEALTH4LGBTI  project41  will  be  further 
disseminated and offered to Member States. The Commission will encourage and facilitate 
Member States’ exchanges of best practice in addressing the mental health challenges faced 
by a significant number of LGBTIQ people.  

Gender  biases  and  other  stereotypes  are  among  the  main  drivers  of  negative  or  hostile 
attitudes towards LGBTIQ people in many communities. In particular, they can lead to the 
exclusion  and  stigmatisation  of  anyone  who  does  not  conform  to  fixed  norms/images  of 
women and men, such as non-binary and queer people. The media, cultural and sport sectors 
are powerful tools changing attitudes and challenging gender biases and other stereotypes.  

The Commission will support projects that use cultural expression to tackle discrimination, 
build  trust  and  acceptance,  and  promote  the  full  inclusion  of  LGBTIQ  people.  The 
Commission  will  enhance  LGBTIQ  equality  mainstreaming  in  relevant  employment, 
education  and  health  initiatives  (in  particular  those  regarding  mental  health  initiatives  and 
HIV/AIDS  prevention)  and  EU  funding  programmes  (e.g. EU4Health  and  Erasmus+).  The 
future  Europe’s  Beating  Cancer  Plan  will  take  into  account  the  situation  of  vulnerable 
groups,  including  LGBTIQ  people.  Projects  that  tackle  intersectional  discrimination  and 

40     This  expert  group  is  an  initiative  included  in  the  Communication  on  Achieving  the  European  Education 

Area by 2025 (COM(2020)625 final). 

41   https://ec.europa.eu/health/social_determinants/projects/ep_funded_projects_en#fragment2    

8 

 
 
 
                                                           
inequality  experienced  by  LGBTIQ  people,  gender  biases  and  other  stereotypes  can  be 
funded through the ‘Citizens, Equality, Rights and Values’ programme.42  

Erasmus+  finances  projects  that  help  enable  and  empower  young  people  facing 
discrimination  because  of  their  gender  or  sexual  orientation,  and  other  social  obstacles. 
Likewise, the European Solidarity Corps can promote solidarity activities geared to tackling 
racism  and  discrimination,  and  broaden  participation.  For  the  new  programming  period, 
particular  attention  will  be  paid  to  inclusion,  equality  and  diversity  in  the  Erasmus+  and 
European Solidarity Corps Programmes. It will set out a multi-faceted approach to making 
the programme more inclusive and improving outreach to people with fewer opportunities, 
including  through  the  introduction  of  more  flexible  and  accessible  formats;  support 
measures to help prepare and accompany participants; and financial measures to address the 
barriers faced by under-represented groups in taking part in the programmes.  

1.4   Upholding the rights of LGBTIQ applicants for international protection 

The  common  European  asylum  system  addresses  the  specific  situation  and  needs  of 
vulnerable  (including  LGBTIQ)  applicants  for  international  protection43.  The  Commission 
has  made  proposals  to  reform  the  common  European  asylum  system  by  making  it  more 
resilient and effective while respecting the protection needs of such applicants44. 

The  Commission  will  foster  good  practice  exchanges  between  the  Member  States  on 
addressing the needs of LGBTIQ applicants for international protection, focusing on: 

  how  to  guarantee  safe  and  suitable  reception  conditions,  including  accommodation, 

for LGBTIQ applicants for international protection; 

  protection standards that apply in relation to their detention (where applicable); and 
  how to prevent the examination of their applications from being influenced by anti-

LGBTIQ discrimination and/or stereotypes. 

The  European  Asylum  Support  Office  will  improve  training  for  protection  officers  and 
interpreters  to  ensure  that  the  examination  of  LGBTIQ  people’s  applications  for 
international protection is not influenced by stereotypes and is in line with international/EU 
law and other relevant instruments45.  

42   Other EU programmes, such as the Aid Programme for the  Turkish Cypriot community, are also actively 

supporting projects tackling discrimination and exploitation of LGBTIQ people.  

43   Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards 
for  the  qualification  of  third-country  nationals  or  stateless  persons  as  beneficiaries  of  international 
protection,  for  a  uniform  status  for  refugees  or  for  persons  eligible  for  subsidiary  protection,  and  for  the 
content  of  the  protection  granted  (OJ  L  337,  20.12.2011,  p.  9);  Directive  2013/32/EU  of  the  European 
Parliament  and  of  the  Council  of  26  June  2013  on  common  procedures  for  granting  and  withdrawing 
international  protection  (OJ  L  180,  29.6.2013,  p.  60);  and  Directive  2013/33/EU  of  the  European 
Parliament and of the  Council of 26 June 2013 laying down standards for the reception  of applicants  for 
international protection (OJ L 180, 29.6.2013, p. 96). 

44   Communication from the Commission on a New Pact On Migration and Asylum, COM(2020) 609 final. 
45   “In  many  parts  of  the  world,  individuals  experience  serious  human  rights  abuses  and  other  forms  of 
persecution due to their actual or perceived sexual orientation and/or gender identity. While persecution of 
[LGBTI] individuals and those perceived to be LGBTI is not a new phenomenon, there is greater awareness 
in many countries of asylum that people fleeing persecution for reasons of their sexual orientation and/or 
gender  identity  can  qualify  as  refugees  under  Article  1A(2)  of  the  [1951  Convention]  and/or  its  1967 
Protocol  …  Nevertheless,  the  application  of  the  refugee  definition  remains  inconsistent  in  this  area”. 
(UNHCR,  Guidelines  on  international  protection  No  9:  Claims  to  refugee  status  based  on  sexual 

9 

 
 
                                                           
In  discussions  with  the  Member  States  on  Asylum  and  Migration  Fund  funding  priorities, 
the Commission will highlight the need to build capacity to uphold the rights of applicants 
for international protection and other migrants.  

The  European  Commission  will  ensure  synergy  in  the  implementation  of  the  LGBTIQ 
equality  strategy  and  the  EU  action  plan  on  integration  and  inclusion.  One  of  the  core 
principles  of  the  new  action  plan  will  be  “Inclusion  for  all”.  It  will  take  into  account  the 
challenges  arising  from  the  intersection  between  the  migrant  status  and  other  factors  of 
discrimination, such as sexual orientation and gender. 

Key actions by the European Commission:   

  propose by 2022 any legislation following up to the upcoming report on the implementation of 
the Employment Equality Directive, in particular to strengthen the role of equality bodies; 

  ensure appropriate protection of vulnerable (including LGBTIQ) applicants in the context of the 

common European asylum system and its reform; 

  ensure support for LGBTIQ equality in action under the Asylum and Migration Fund; 

  support  health  research  of  relevance  to  LGBTIQ  people,  including  the  trans  and  intersex 

communities, through Horizon Europe. 

The European Commission will support the Member States to:  

  ensure  legal  protection  against  discrimination  on  the  grounds  of  sexual  orientation,  gender 

identity/expression and sex characteristics in various areas;   

 

improve safe and inclusive education for LGBTIQ children and youth; 

  address  the  specific  needs  of  LGBTIQ  applicants  for  international  protection  while  ensuring 

safe reception, detention and accommodation conditions; 

 

improve  the  training  of  protection  officers  and  interpreters  dealing  with  asylum  claims  by 
LGBTIQ people. 

orientation  and/or  gender  identity  within  the  context  of  Article  1A(2)  of  the  1951  Convention  and/or  its 
1967 Protocol relating to the status of refugees, HCR/GIP/12/09, 23 October 2012). 

10 

 
 
 
 
 
                                                                                                                                                                                   
2.  ENSURING LGBTIQ PEOPLE’S SAFETY  

38% of LGBTI 
people have 
experienced hate-
motivated 
harassment for 
being LGBTI in the 
12 months 
preceding the 
survey.  

22% of intersex 
people have 
experienced 
a physical and/or 
sexual attack for 
being intersex, in 
the past 5 years.  

Only 21% of 
LGBTI victims of 
hate-motivated 
physical or sexual 
violence in the past 
5 years lodged a 
report to any 
organisation, 
including the 
policy and equality 
bodies.  

Everyone has the right to safety, be it at home, in public or online. LGBTIQ people suffer 
disproportionately  from  hate  crime,  hate  speech  and  violence46.  To  combat  online  hate 
speech,  in  2016  the  Commission  reached  an  agreement  with  IT  companies  on  a  voluntary 
code  of  conduct47.  Evaluations  on  the  implementation  of  the  code  show  that  sexual 
orientation is the most commonly reported ground of hate speech (33.1%)48. The COVID-19 
crisis  has  led  to  yet  higher  levels  of  hatred,  violence  and  discrimination  against  LGBTIQ 
people, and the polarisation of society as a whole49. 

At  the  same  time,  the  under-reporting  of  hate  crimes  to  the  police  or  other  organisations 
remains  a  serious  problem,  stemming  from  a  lack  of  trust  in  law  enforcement,  fear  of 
LGBTIQ-phobic  reactions50  or  victim-blaming,  previous  negative  experiences  in  contacts 
with the police or not expecting them to do anything. 

Rights advocates face threats and peaceful marches are met with hatred. Too often, LGBTIQ 
people are abused as scapegoats in political discourse, including during election campaigns. 
Resolutions  on a ‘zone free  from  LGBT’ aim to  deny  fundamental rights and freedoms to 
the LGBTIQ community. The labelling of LGBTIQ as an ‘ideology’ is spreading in online 
and  offline  communication51  and  the  same  is  true  with  regard  to  ongoing  campaigning 
against  the  so-called  ‘gender  ideology’.  LGBTIQ-free  zones  are  humanity  free  zones,  and 
they have no place in our Union. 

2.1   Reinforcing legal protection for LGBTIQ people against hate crime, hate speech 

and violence 

Legal  protection  against  anti-LGBTIQ  hate  crime  and  hate  speech  varies  significantly 
between  Member  States52.  Through  the  EU  High-Level  Group  on  combating  racism, 

46   FRA, second LGBTI survey. See footnote 6. 
47   Code of conduct on countering illegal hate speech online, 30 June 2016.  
48   European Commission, Countering illegal hate speech online: 5th evaluation of the Code of Conduct, 22 

June 2020. 

49   In recent  years, hateful rhetoric in public discourse has been on the rise, translating into real hate on the 
street, including against LGBTIQ people. For instance, ILGA-Europe received reports of religious leaders 
blaming  LGBTI  communities  for  the  pandemic  from  at  least  four  EU  Member  States.  (ILGA-Europe, 
COVID-19 impacts on LGBTI communities in Europe and Central Asia: A rapid assessment report, June 
2020)  

50   FRA, second LGBTI survey, p. 49. See footnote 6.  
51   See, for example, FRA, Fundamental rights report 2019 (29 May 2019) and ILGA-Europe, Annual review 
of the human rights situation of lesbian, gay, bisexual, trans and intersex people 2019 (February 2019). 
52   At present,  seven Member States do not expressly include  sexual orientation in hate  speech and/or crime 
legislation  as  an  aggravating  factor,  15  do  not  include  gender  identity  and  25  do  not  cover  sex 
characteristics. 

11 

 
 
 
 
 
 
 
                                                           
 
xenophobia  and  other  forms  of  intolerance,  the  Commission  will  organise  targeted 
discussions  with  national  authorities  and  civil  society  to  exchange  best  practice  on 
implementing national legislation in these areas. 

At European level, while the EU has adopted legislation criminalising hate crime and hate 
speech  based  on  racism  and  xenophobia53,  there  is  no  specific  EU-level  sanction  for  anti-
LGBTIQ  hate  speech  and  hate  crime.  As  a  first  important  step,  in  2021,  the  Commission 
will present an initiative to extend the list of ‘EU crimes’ under Article 83 (1) of the Treaty 
on  the  Functioning  of  the  European  Union  (TFEU)  to  cover  hate  crime  and  hate  speech, 
including when targeted at LGBTIQ people. 

The Commission will also take action to tackle gender-based violence, as announced in the 
gender equality strategy. The ‘Citizens, Equality, Rights and Values’ programme is expected 
to  fund projects  aimed  at  preventing  and combating  anti-LGBTIQ hate  crime, hate speech 
and violence, while the Justice programme will provide funding opportunities to promote the 
rights of victims of crime, including LGBTIQ people. 

2.2   Strengthening  measures 

to  combat  anti-LGBTIQ  online  hate 

speech, 

disinformation  

The  Commission  will  propose  a  Digital  Services  Act  before  the  end  of  2020.  While  the 
proposal  will  not  define  what  is  considered  illegal  speech,  it  will  aim  to  address  more 
effectively all types of  illegal content hosted on various types of platforms, ensuring respect 
for fundamental rights, including freedom of expression. The Commission will also expand 
its engagement and cooperation with  IT companies and platforms, including in the context 
of the implementation of the code of conduct. 

The Commission will ensure the correct transposition and rigorous application of the revised 
Audiovisual  Media  Services  Directive,  which  strengthens  protection  against  content  that 
incites to hatred or violence and bans audiovisual commercial communications that include 
or  promote  any  discrimination,  including  on  the  grounds  of  sex  and  sexual  orientation.  In 
2020,  the  Commission  will  adopt  a  European  democracy  action  plan  to  tackle  key 
challenges, including the fight against disinformation, protection from external interference 
and manipulation in elections, media freedom and pluralism.  

2.3   Reporting of anti-LGBTIQ hate crime and exchanges of good practices 

The  Commission  will  continue  to  promote  a  safe  environment  in  which  LGBTIQ  victims 
can  report  crime,  and  better  protection  and  support  for  victims  of  gender-based  violence, 
domestic  violence  and  anti-LGBTIQ  hate  crime.  Under  the  EU  strategy  on  victims’  rights 
(2020-2025)54,  it  will  help  the  Member  States  to  ensure  that  victim  support  services, 
including  safe  houses,  are  available  and  accessible  to  LGBTIQ  people.  The  Commission 
will  also  promote  integrated  and  targeted  support  to  victims  with  special  needs,  including 
LGBTIQ victims of hate crime, through EU funding possibilities. 

53   The  Council  Framework  Decision  2008/913/JHA  of  28  November  2008  on  combating  certain  forms  and 
expressions  of  racism  and  xenophobia  by  means  of  criminal  law  does  not  explicitly  cover  anti-LGBTIQ 
hate crime and hate speech, and does not include targeting sexual orientation or gender identity among the 
defining characteristics of hate crime and hate speech. (OJ L 328, 6.12.2008, p. 55). 

54   European Commission, EU Strategy on victims’ rights (2020-2025), 24.6.2020, COM(2020) 258 final 

12 

 
 
                                                           
The  Commission  will  continue  to  work  with  the Member  States  to  ensure  full  and  correct 
implementation  of  the  Victims’  Rights  Directive,  following  up  on  the  May  2020 
implementation report55. The Commission will raise awareness of victims’ rights through an 
EU-wide  communication  campaign  and  facilitate  the  exchange  of  good  practices  (such  as 
setting up of ‘rainbow desks’ at local police stations56). 

Through closer cooperation with the EU Agency for Law Enforcement Training (CEPOL), 
and with the Council of Europe, Member States and civil society, in a new working group 
on  hate-crime  training  and  capacity-building  for  law  enforcement,  the  Commission  will 
support training to help law enforcement personnel identify and record LGBTIQ-phobic bias 
and increase crime reporting. 

2.4 

Protecting and promoting LGBTIQ people’s bodily and mental health 

Harmful practices such as non-vital surgery and medical intervention on intersex infants and 
adolescents without their personal and fully informed consent (intersex genital mutilation)57, 
forced medicalisation of trans people and conversion practices targeting LGBTIQ people58 
may  have  serious  bodily  and  mental  health  repercussions.  The  Commission  will  foster 
Member States’ exchange of good practice on ending these practices.  Forced abortion and 
forced sterilisation and other harmful practices against women and girls are forms of gender-
based  violence  and  serious  violations  of  women’s  and  children’s  rights.  The  Commission 
will also include an intersectional perspective in the Recommendation on harmful practices 
against women and girls announced in the Gender equality strategy 2020-2025. 

Key actions by the European Commission:   

  present an initiative in 2021 to extend the list of ‘EU crimes’ (Article 83 TFEU) to cover hate 

crime and hate speech, including when targeted at LGBTIQ people; 

  provide funding opportunities for initiatives that aim to combat hate crime, hate speech, violence 
and  harmful  practices  against  LGBTIQ  people  (‘Citizens,  Equality,  Rights  and  Values’ 
programme)  and  promote  the  rights  of  victims  of  crime,  including  LGBTIQ  people  (‘Justice’ 
programme); 

  table a Recommendation on the prevention of harmful practices against women and girls. 

The European Commission will support the Member States to:  

  exchange best practice on protection against hate speech and hate crime against LGBTIQ people;   

  promote a safe and supportive environment for LGBTIQ victims of crime;  

  improve  training  and  capacity-building  for  law  enforcement  to  better  identify  and  record 

55   Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  implementation  of 
Directive 2012/29/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA, (COM(2020) 188 final), 11 May 2020.  

56   The setting-up of rainbow desks’ is proposed in the framework of the implementation of the Victims’ rights 

strategy (COM(2020)258 final). 

57   62% of intersex people who had undergone a surgery said neither they nor their parents gave fully informed 
consent  before  first  medical  treatment  or  intervention  to  modify  their  sex  characteristics  (FRA,  second 
LGBTI survey, p. 54).  

58   Conversion practices “are deeply harmful interventions that rely on the medically false idea that LGBT and 
other  gender  diverse  people  are  sick,  inﬂicting  severe  pain  and  suffering,  and  resulting  in  long-lasting 
psychological  and  physical  damage”;  (United  Nations  Independent  Expert  on  protection  against  violence 
and discrimination based on Sexual Orientation and Gender Identity, Report on conversion therapy, 1 May 
2020. 

13 

 
 
                                                           
LGBTIQ-phobic bias and increase crime reporting. 

3.  BUILDING LGBTIQ INCLUSIVE SOCIETIES 

53% of LGBTI 
people are almost 
never or rarely 
open about being 
LGBTI.  

21 Member States 
recognise the 
unions of same-
gender couples, 
while 15 Member 
States provide for 
adoption by same-
gender couples. 

Legal gender 
recognition based 
on 
self-determination 
applies in 4 
Member States.  

The Charter of Fundamental Rights enshrines the right to respect for private and family life, 
as well as the right for children to protection and care as is necessary for their well-being. 
There is a wide range of family models in the EU, including rainbow families with one or 
more LGBTIQ members. Due to differences in family law across Member States, family ties 
may  cease  to  be  recognised  when  rainbow  families  cross  the  EU’s  internal  borders.  This 
situation  has  been  exacerbated  by  the  COVID-19  confinement  measures.  Some  rainbow 
families’  difficulties  in  having  their  documents  and  relationships  legally  recognised,  have 
led to additional problems during the pandemic, as countries closed their borders.  In some 
cases, people have been blocked at borders and being prevented from joining their families 
during the confinement59

. 

Trans,  non-binary  and  intersex  people  are  often  not  recognised  in  law  or  in  practice, 
resulting in legal difficulties for both their private and family life, including in cross border 
situations. 

3.1   Ensuring rights for LGBTIQ people in cross border situations 

EU free movement law, in particular the Free Movement Directive60, recognises the right of 
all  EU  citizens  and  their  family  members,  including  registered  partners  and  rainbow 
families, to move and reside freely in the EU61. 

The  Commission  will  continue  to  ensure  the  correct  application  of  free  movement  law, 
including to address specific difficulties preventing LGBTIQ people and their families from 
enjoying  their  rights.  This  includes  dedicated  dialogues  with  Member  States  in  relation  to 
the implementation of the Coman judgment, in which CJEU clarified that the term ‘spouse’ 

59   ILGA-Europe, COVID-19 impact.  
60   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). 

61   Subject to the terms of the Treaties and the measures adopted to give them effect. 

14 

 
 
 
 
 
 
 
 
 
 
                                                           
as used in the Free Movement Directive also applies to same-sex partners62. If necessary, the 
Commission will take legal action.  

In  order  to  improve  legal  certainty  for  EU  citizens  exercising  their  free  movement  rights, 
and  to  ensure  a  more  effective  and  uniform  application  of  the  free  movement  legislation 
across the EU, the Commission will review the 2009 guidelines on free movement, in 2022. 
The  reviewed  guidelines  will  reflect  the  diversity  of  families,  and  hence  contribute  to 
facilitating  the  exercise  of  free  movement  rights  for  all  families,  including  rainbow 
families63.  The  Commission  will  continue  to  gather  evidence  of  the  issues  experienced  in 
reality by LGBTIQ people and their families in cross-border situations.  

Substantive  family  law  falls  under  the  competence  of  Member  States.  EU  legislation  on 
family  law  applies  in  cross-border  cases  or  in  case  with  cross  border  implications  and  it 
covers LGBTIQ people. This includes rules to facilitate Member States’ recognition of each 
other’s  judgments  on  divorce,  parental  responsibilities  and  rights  (including  child  custody 
and visiting rights), maintenance (for couples and children), property owned in the context 
of marriage and registered partnerships, and succession matters (for couples and children). 

The  Commission  will  ensure  the  rigorous  application  of  cross-border  family  law  vis-à-vis 
rainbow  families  by  strengthening 
their 
implementation.  

in  monitoring 

its  focus  on 

this  group 

3.2   Improving the legal protection for rainbow families in cross-border situations 

National legislation in over half the Member States contains provisions applying to rainbow 
parents. However, and despite existing EU law as interpreted by the Court of Justice, when 
these families travel or move to other Member States, there is sometimes a risk of children’s 
link to their LGBTIQ parent(s) being severed, which may have an impact on the children’s 
rights64.  Married  and  registered  partners  may  also  experience  difficulties  in  travelling  and 
moving to another Member State. 

The  Commission  will  push  for  mutual  recognition  of  family  relations  in  the  EU.  If  one  is 
parent in one country, one is parent in every country. In 2022, the Commission will propose 
a  horizontal  legislative  initiative  to  support  the  mutual  recognition  of  parenthood  between 
Member States, for instance, the recognition in one Member State of the parenthood validly 
attributed in another Member State.  

In addition, the Commission will continue to support the Member States’ efforts to uphold 
respect for rainbow families’ rights as enshrined in the EU Charter of Fundamental Rights 
(in particular the right to private and family life and the rights of the child), which applies 
when  implementing  EU  law.  It  will  explore  possible  measures  to  support  the  mutual 
recognition  of  same-gender  spouses  and  registered  partners’  legal  status  in  cross  border 
situations.  

62   CJEU  Case  C‑ 673/16,  Coman,  5.6.2018,  ECLI:EU:C:2018:385.  In  this  judgment,  the  Court  of  Justice 
ruled that the term ‘spouse’ (as used in the Free Movement Directive) also applies to a person of the same 
sex as an EU citizen to whom he or she is married.   

63   More details will be announced in the upcoming Citizenship Report.    
64   Lack of  mutual recognition of child-parent relationships  may lead to children being denied citizenship, a 
name or inheritance rights. Moreover, unrecognised parents may be unable to act as their children’s legal 
representatives,  travel  alone  with  them,  enrol  them  in  schools,  provide  health  insurance,  open  a  bank 
account or consent to medical interventions. 

15 

 
 
                                                           
Improving  the  recognition  of  trans  and  non-binary  identities,  and  intersex 

3.3  
people 

Requirements  applying  to  individuals  who  wish  to  change  their  legal  gender  differ 
substantially by Member State.  In recent  years,  a growing number of Member States have 
significantly  changed  their  legislation  on  gender-recognition  towards  a  model  of  personal 
self-determination. Others retain a number of requirements for the purpose of recognition of 
trans  and  non-binary  people’s  gender.  These  may  not  be  proportionate,  and  may  violate 
human  rights  standards,  as  decided  by  the  European  Court  of  Human  Rights  in  case  of 
surgical65 and sterilisation66 requirements. 

The Commission will foster best practice exchanges between Member States on how to put 
in  place  accessible  legal  gender  recognition  legislation  and  procedures  based  on  the 
principle of self-determination and without age restrictions. 

The Commission will launch a cross-sectoral dialogue with diverse stakeholders, including 
the Member States, businesses and healthcare professionals, to raise awareness of trans and 
non-binary identities, and intersex people, and encourage inclusivity in  all relevant actions 
and procedures, including within the Commission.  

3.4   Fostering an enabling environment for civil society 

The  Commission  will  provide  funding  to  foster  a  conducive,  sustainable  environment  for 
LGBTIQ  civil  society  organisations.  This  strategy  refers  to  the  relevant  EU  funding 
programmes and their funding priorities for LGBTIQ equality. In addition to project-based 
funding,  the  2021-2027  ‘Citizens,  Equality,  Rights  and  Values’  programme  will  increase 
small  and  medium-sized  organisations  funding  opportunities’  and  make  operational  grants 
available to networks promoting LGBTIQ equality. EU funds need to contribute to building 
a  non-discriminatory  society  and  back  the  Commission’s  efforts  to  ensure  a  Union  of 
Equality.  

In  addition,  the  Commission  will  maintain  and  encourage  structured,  open  dialogue  and 
consultation  with  civil  society  in  law  and  policy-making,  in  particular  to  discuss  the 
implementation  of  the  strategy.  It  will  promote  a  dialogue  with  the  Member  States,  EU 
agencies,  social  partners  and  the  private  sector  to  help  inform  the  further  development  of 
policies to tackle discrimination against LGBTIQ people. The Commission will continue to 
raise awareness on the need for LGBTIQ equality and non-discrimination, and participate in 
public events that constitute milestones for the LGBTIQ community. 

Young people play a critical role in building inclusive societies. Together with the Member 
States,  the  Commission  collected  their  opinion  through  the  EU  youth  dialogue  process, 
which  led  to  11  European  youth  goals67  that  call  (among  other  things)  the  equality  of  all 
genders and for inclusive societies. These youth goals reflect  young European’s views and 
present a vision for a Europe that enables them to realise their full potential, while helping to 
reduce  the  obstacles  that  prevent  those  with  fewer  opportunities  from  participating  in  the 
social and economic life. 

65   S.V. v. Italy, Application no. 55216/08, 11 October 2018 
66   A.P., Garçon and Nicot v. France, Applications nos. 79885/12, 52471/13 and 52596/13, 6 April 2017 
67      https://ec.europa.eu/youth/policy/youth-strategy/youthgoals_en;  these  are  included  in  the  EU’s  youth 

strategy 2019-2027. 

16 

 
 
                                                           
Key actions by the European Commission:   

  review  the  2009  guidelines  on  free  movement  in  2022  to  reflect  the  diversity  of  families  and 
contribute to facilitating the exercise of free movement rights for all families, including rainbow 
families; 

  propose  a  horizontal  legislative  initiative  on  the  mutual  recognition  of  parenthood  between 

Member States; 

  explore  possible  measures  to  support  the  mutual  recognition  of  same-gender  partnership 

between Member States; 

  make funding opportunities available, in particular through the ‘Citizens, Equality, Rights and 

Values’ programme. 

The European Commission will support the Member States to:  

  put in place accessible legal gender recognition legislation and procedures;  

  improve  the  inclusion  of  trans,  non-binary  and  intersex  people  in  relevant  documentation, 

applications, surveys and processes;  

  rigorously apply the right to free movement and EU rules on family law.  

4.  LEADING THE CALL FOR LGBTIQ EQUALITY AROUND THE WORLD   

LGBTIQ  rights  are  human  rights  and  LGBTIQ  people  should  be  able  to  fully  enjoy  their 
rights everywhere, at all times. 

Nonetheless, in various parts of the world, the situation of LGBTIQ people remains highly 
precarious, as they experience serious rights violations and abuses without access to justice. 
Many  face  discrimination,  harassment,  persecution,  incarceration  or  even  murder  or  the 
death  penalty68  –  simply  for  being  who  they  are.  The  Commission  and  the  European 
External  Action  Service  (EEAS)  are  committed  to  protecting  them  and  enabling  them  to 
assert  their  rights.  The  situation  of  LGBTIQ  people  also  varies  considerably  between 
countries. A tailor-made approach is necessary to maximise the impact of EU support, using 
all  tools  at  our  disposal.  The  EU  conducts  political  dialogues  with  partner  countries  to 
address  discriminatory 
laws,  policies  and  practices  against  LGBTIQ  people,  and 
decriminalise  same-gender  relations  and  trans  identities.  It  will  lead  by  example,  showing 
solidarity  and  building  resilience  in  the  protection  and  advancement  of  LGBTIQ  people’s 
rights around the world, and contributing to a global recovery which empowers all to thrive 
socially, economically and politically and leaves no one behind.   

Increasingly,  human  rights  defenders  are  risking  their  lives  to  advance  LGBTIQ  equality. 
Hostile  or  life-threatening  situations  often  force  LGBTIQ  people  to  flee  their  countries  of 
origin. A strong commitment to promoting and protecting human rights lies at the heart of 
all the EU’s activities. It is important that the EU’s internal and external actions in this area 
are  consistent  and  mutually  reinforcing.  The  EU  will  advance  its  global  leadership  in 
protecting  the  universality  and  indivisibility  of  human  rights  for  all,  including  LGBTIQ 
people. 

68   Same-gender  relationships  are  still  criminalised  in  72  countries.  (Human  Rights  Council,  Report  of  the 
Independent  Expert  on  protection  against  violence  and  discrimination  based  on  sexual  orientation  and 
gender identity, 11 May 2018)  

17 

 
 
 
                                                           
Regardless  of  the  motives  for  their  asylum  claim,  LGBTIQ  asylum-seekers  are  often 
exposed  to  additional  dangers  on  arrival  in  the  EU  and  have  needs  that  may  differ  from 
those of other asylum-seekers69. 

4.1   Strengthening  the  EU’s  engagement  on  LGBTIQ  issues  in  all  its  external 

relations 

The EU will strengthen  its engagement  on  LGBTIQ issues in  its external  relations at  both 
political  and  technical  level.  It  will  make  specific  efforts  to  combat  violence,  hatred  and 
discrimination and ensure that LGBTIQ rights are upheld in partner countries. 

As  regards  candidate  countries,  and  potential  candidates  including  in  the  context  of 
accession  negotiations  and  the  stabilisation  and  association  process,  the  Commission  will 
press for LGBTIQ equality in the political dialogue and support measures to tackle violence, 
hatred  and  discrimination  against  LGBTIQ  people  including  support  for  civil  society 
organisations through the Instrument for Pre-accession Assistance (IPA). It will also support 
the  monitoring  and  data  collection  on  the  situation  of  LGBTIQ  people  in  the  region  and 
continue  to  monitor  and  report  on  their  situation  in  the  annual  enlargement  package  of 
country reports. 

The  Commission  will  share  best  practices  on  tackling  discrimination  and  advancing 
LGBTIQ  rights  beyond  the  boundaries  of  the  EU  through  its  cooperation  and  engagement 
with the Council of Europe, the United Nations, and other relevant international and regional 
bodies. 

The 2020-2024 Action Plan on human rights and democracy70 renews the EU’s commitment 
and calls for action to combat all forms of discrimination, with a specific focus on multiple 
and  intersecting  forms  of  discrimination.  It  condemns  discriminatory  laws,  policies  and 
practices, including the criminalisation of same-gender relations. The EU will take action on 
LGBTIQ  equality  in  international  fora,  build  international  partnerships  based  on  the 
principles of equality and non-discrimination and engage regularly with partner countries in 
political  and  human  rights  dialogues  in  line  with  its  guidelines  to  promote  and  protect 
LGBTI  people’s  human  rights71, 
its  human  rights  guidelines  on 
non-discrimination in external action72.  

line  with 

in 

Local civil society organisations working on the frontline to promote and protect LGBTIQ 
rights will be backed by EU funding. 

The  Commission  will  continue  to  support  national,  regional  and  global  programmes  in 
favour of LGBTIQ human rights defenders and their organisations. For instance, support is 
being provided to increase capacities to: 

69   LGBTIQ  asylum-seekers  are  at  particular  risk  of  discrimination,  exclusion,  harassment  and  violence, 
including  sexual  violence,  in  reception  and  detention  centres,  and  when  being  interviewed. They  may  be 
deprived  of  appropriate  legal  assistance  or  vital  healthcare,  such  as ongoing  hormone  treatment.  See,  for 
example,  UNCHR,  Protecting  persons  with  diverse  sexual  orientations  and  gender  identities:  a  global 
report on UNHCR’s efforts to protect lesbian, gay, bisexual, transgender, and intersex asylum-seekers and 
refugees, (December 2015). 

70   EU Action Plan on Human Rights and Democracy 2020-2024, JOIN(2020) 5 final.  
71   Council,  Guidelines  to  promote  and  protect  the  enjoyment  of  all  human  rights  by  lesbian,  gay,  bisexual, 

transgender and intersex (LGBTI) persons (24 June 2013). 

72   Council, EU human rights guidelines on non-discrimination in external action (6337/19, 18 March 2019).   

18 

 
 
                                                           
  build powerful movements across the globe; 
  strengthen local, national and regional human rights initiatives; and  
 

form regional alliances in enlargement and neighbourhood regions, Africa, Asia and 
the Pacific, and Latin America and the Caribbean.  

The  EU  will  continue  to  offer  a  rapid  response  to  protect  individual  LGBTIQ  rights 
defenders. The Commission will continue to strive to ensure that humanitarian aid remains 
gender-  and  age-sensitive,  is  adapted  to  the  needs  of  different  gender  and  age  groups 
(including  LGBTIQ  communities/individuals)  and  is  in  line  with  humanitarian  principles, 
including that of impartiality (non-discrimination). Finally, the EU’s 2021-2025 Action Plan 
on gender equality and women’s empowerment in external relations (GAP III) will be built, 
among  others,  on  the  principle  of  intersectionality  and  promotes  equality  for  women  and 
men in all their diversity. 

The  COVID-19  crisis  has  also  compounded  discrimination  and  violence  against  LGBTIQ 
people beyond Europe’s borders.  In its ‘Team  Europe’  global response to COVID-19 of 8 
April 2020, the EU took a human rights-based approach, aiming to ‘build back better’ and 
support fairer, more inclusive and sustainable societies and implement the Agenda 2030,  in 
the principle of leaving no-one behind73. The EU is prioritising health and socio-economic 
measures, e.g. ensuring that support and essential social services remain available to all, and 
will continue to promote and uphold human rights, equality and non-discrimination, decent 
work conditions, the fight against violence, as well as fundamental values in this context. 

Key actions by the European Commission:   

  implement  actions  supporting  LGBTIQ  rights  in  line  with  the  2020-2024  Action  Plan  on 
human rights and democracy and with the EU Guidelines to promote and protect the enjoyment 
of all human rights by LGBTI persons; 

  ensure support for LGBTIQ equality in action under the NDICI and IPA funds. 

5.  DELIVERING  ON  THE  STRATEGY:  MAKING  FULL  USE  OF  EU 

INITIATIVES 

To achieve the objectives set out in the strategy, the Commission will combine the targeted 
actions outlined above, with enhanced equality mainstreaming. The Commission will ensure 
that the combatting of discrimination affecting LGBTIQ people as well as the promotion of 
equality is integrated into all EU policies, legislation and funding programmes, both internal 
and external. This will be facilitated by the first-ever European Commissioner for Equality 
and the dedicated Task Force for Equality.  

This strategy will 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.  LBTIQ 

73   European Commission, Communication on the Global EU response to COVID-19, 8.4.2020, JOIN(2020) 
https://ec.europa.eu/international-partnerships/system/files/joint-comm-2020-eu-global-

11 
response_en.pdf 

final: 

19 

 
 
 
 
 
                                                           
women  can  experience  discrimination  both  as  women  and  as  a  LBTIQ  person.  LGBTIQ 
people  with  disabilities  can  face  additional  difficulties  to  obtain  support  and  information, 
and to participate fully in the LGBTIQ community and society at large, because of a lack of 
accessibility,  thus  compounding  their  exclusion74.  LGBTIQ  persons  with  disabilities  need 
accessibility to information about support and rights in accessible and alternative formats, as 
well as accessibility of LGBTIQ spaces, places and support networks.  

The strategy also addresses the inequalities highlighted by the COVID-19 crisis, which has 
disproportionately  affected  vulnerable  LGBTIQ  people.  As  part  of  this  work,  the 
Commission will encourage Member States to make full use of the possibilities offered by 
Next  Generation  EU  to  mitigate  the  disproportionate  impact  of  the  crisis  and  advance 
LGBTIQ equality. In addition, the European Commission will stand ready to help Member 
States  mainstreaming  equality  in  the  design  and  implementation  of  reforms  through  the 
Technical Support Instrument.75  

EU funding is key to support the implementation of EU policies in the Member States. EU 
funds managed by the  Member States  have to  benefit all EU  citizens without any form  of 
discrimination  on  grounds  of  sex,  racial  or  ethnic  origin,  religion  or  belief,  disability,  age 
and  sexual  orientation.  Through  rigorous  monitoring,  the  Commission  and  the  Member 
States  must  ensure  that  EU  funds  contribute  to  equality  and  that  all  EU-funded  projects 
comply  with  EU  law,  including  the  Treaties  and  the  Charter  of  Fundamental  Rights.  If 
projects violate EU anti-discrimination rules, funding may be suspended or withdrawn. The 
Commission’s proposal for a new Common Provisions Regulation (CPR)76 setting out rules 
for  the  2021-2027  programming  period  contains  an  ‘enabling  condition’77  relating  to  the 
Charter.  In  addition,  Member  States  are  required  to  establish  and  apply  criteria  and 
procedures for the selection of projects which are non-discriminatory and take account of the 
Charter.   

Reliable and comparable equality data will be crucial for assessing the situation of LGBTIQ 
people and to effectively tackling inequalities. The Commission will invite the Fundamental 
Right  agency  (FRA)  and  the  European  Institute  for  Gender  Equality  (EIGE)  to  continue 
providing  Member  States  with  technical  assistance  and  methodological  support  on  the 
design  and  implementation  of  data-collection  exercises  on  LGBTIQ  people  both  on  single 
and multiple grounds. It will also support the collection of detailed intersectional data by the 
FRA, the EIGE and the Member States, in particular through the equality data subgroup of 
the High-Level Group on non-discrimination, equality and diversity. 

In addition, the Commission will organise a round table on equality data bringing together 
key  stakeholders  to  examine  obstacles  to  the  collection  of  data  relating  to  racial  or  ethnic 
origin and identify paths to a more harmonised approach, including on intersectional data as 
regards, for instance, racial or ethnic origin and sexual orientation. 

74   The UN Convention on the Rights of Persons with Disabilities, to which the EU and all Member States are 
party,  establishes  general  principles  that  include  the  rights  of  people  with  disabilities  to  respect  for  their 
inherent  dignity,  individual  autonomy  (including  the  freedom  to  make  one’s  own  choices),  accessibility, 
full and effective participation and inclusion in society. 

75   The  establishment  of  the  Technical  Support  Instrument  is  subject  to  the  agreement  of  the  European 
Parliament  and  of  the  Council  on  the  proposal  for  a  Regulation  establishing  a  Technical  Support 
Instrument, COM(2020) 409 final. 

76  COM(2018)375 final. 
77  In Annex III of the CPR.  

20 

 
 
                                                           
The Commission (Eurostat) will continue its work on equality data, in general by addressing 
the issue directly with Member States in technical meetings with national statistical offices, 
where relevant. Eurostat will provide the Commission services with methodological support 
in assessing the possibility of collecting statistical data on LGBTIQ people made available 
on a voluntary basis by Member States.  

A  new  Eurobarometer  on  discrimination  in  the  EU  will  be  published  in  2023.  The 
Commission will also  encourage the FRA to  conduct  a comprehensive  LGBTIQ survey in 
2024. 

Member  States  are  encouraged  to  build  on  existing  best  practice78  and  develop  their  own 
action plans on LGBTIQ equality. The objective will be to step up protection against anti-
LGBTIQ  discrimination,  to  ensure  follow-up  at  the  national  level  of  the  objectives  and 
actions set out in this strategy and to complement them with measures to advance LGBTIQ 
equality  in  areas  of  Member  State  competence.  The  Commission  will  also  continue  to 
support and make visible cities’ efforts to put in place robust inclusion policies at local level, 
including through the annual designation of European capital(s) of inclusion and diversity. 

Beyond delivering on the key actions set out in this strategy, the Commission will set up an 
LGBTIQ  equality  subgroup  under  the  High-Level  Group  on  non-discrimination,  equality 
and diversity to support and monitor progress in the Member States, including as regards the 
development of national action plans on LGBTIQ equality. It will organise regular meetings, 
at political and expert level, with civil society and the Member States, and will take part in 
the  work  of  the  Council  of  Europe  governmental  LGBTI  focal  points  network.  It  will 
regularly monitor the implementation of the actions presented in this strategy and present a 
mid-term review in 2023.  

Key actions by the European Commission:   

  assess  and  monitor  the  fulfilment  of  the  enabling  condition  related  to  the  Charter  of 
Fundamental Rights, as provided in the Commission’s proposal for a new Common Provisions 
Regulation (CPR); 

  monitor  the  implementation  of  EU-funded  programmes  to  ensure  that  they  respect  equality 
principles  and  comply  with  EU  law,  including  the  Treaties  and  the  Charter  of  Fundamental 
Rights; 

  invite the FRA and the EIGE to continue providing Member States with technical assistance and 
methodological  support  on  the  design  and  implementation  of  data-collection  exercises  on 
LGBTIQ people. 

The Commission will support Member States to:  

  develop national plans on LGBTIQ equality. 

6.   CONCLUSION: WORKING TOGETHER FOR LGBTIQ EQUALITY 

78  As reflected in the annual reports of the 2015-2019 List of actions by the Commission to advance LGBTI 
equality, Member States have reported on the development of their own national LGBTIQ equality action 
plans.  Such  action  plans  are  valuable  as  they  constitute  a  political  commitment  to  address  anti-LGBTIQ 
discrimination, accompanied by concrete actions to advance equality.  

21 

 
 
 
 
 
                                                           
This strategy is based on a vision of a Europe where people, in all their diversity, are equal – 
where  they  are  free  to  pursue  their  life  regardless  of  their  sexual  orientation,  gender 
identity/expression or sex characteristics.  

While  Europe  has  made  step-by-step  progress  over  recent  years,  this  LGBTIQ  equality 
strategy  marks  a  new  phase  in  our  efforts  to  promote  equality  for  lesbian,  gay,  bisexual, 
trans, non-binary, intersex and queer people while continuing to focus on priority areas. In 
addition,  it  emphasises  the  need  to  integrate  a  LGBTIQ  equality  perspective  into  all  EU 
policies as well as into EU funding programmes.  

Combating inequality in the EU is a shared responsibility, it requires joint efforts and action 
at  every  level.  EU  institutions  and  agencies,  Member  States,  including  regional  and  local 
authorities, equality bodies, civil society, and businesses must strengthen their engagement 
to achieve the strategy’s objectives.  

All  institutions  should  set  out  a  clear  commitment  to  pursue  a  common  strategy.  The 
Commission  invites  the  European  Parliament  to  renew  its  commitment  and  support  the 
implementation of the strategy and the Council to adopt Conclusions as a follow-up to the 
strategy.  It  calls on the Committee of the Regions  and the European  Economic and Social 
Committee  to  promote  dialogue  with  local  and  regional  authorities  and  civil  society, 
including  social  partners,  on  how  to  advance  LGBTIQ  equality.  Through  regular  surveys, 
technical  assistance  and  methodological  support  to  Member  States,  the  European  Union 
Agency  for  Fundamental  Rights  and  the  European  Institute  for  Gender  Equality  will 
continue to support LGBTIQ equality.  

Discrimination,  violence  and  hatred  against  LGBTIQ  people  go  against  the  fundamental 
values  of  the  European  Union,  and  must  be  eliminated.  Together,  we  can  break  down 
barriers  to  LGBTIQ  equality  and  make  clear  progress  by  2025  towards  an  EU  where 
LGBTIQ  people,  in  all  their  diversity,  are  safe  and  have  equal  opportunities  to  participate 
fully in society and thus reach their full potential.   

22