COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Implementation of the 2020-2025 LGBTIQ equality strategy
Date: 2024-09-25
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, 25.9.2024  COM(2024) 420 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Implementation of the 2020-2025 LGBTIQ equality strategy       
 
 
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Striving for LGBTIQ equality 

It is the moment to show [the young generation] that we can build a continent where you can 
be who you are, love who you want, and aim as high as you want. 

Ursula von der Leyen (President of the European Commission)  
State of the Union speech, 13 September 2023 

On  12  November  2020,  the  European  Commission  adopted  the  LGBTIQ1  equality  strategy 
for  2020-20252,  the  first-ever  strategic  framework  at  EU  level  to  specifically  address  the 
inequalities and challenges affecting LGBTIQ people. The strategy contributes to building a 
Union  of  Equality3,  one  of  the  key  priorities  of  the  European  Commission,  as  outlined  by 
President Ursula von der Leyen in her political guidelines in 2019. The strategy is based on a 
vision of Europe where people, in all their diversity, are equal – where they are free to pursue 
their 
their  sexual  orientation,  gender  identity/expression  or  sex 
characteristics4.  It  complements  existing  and  upcoming  initiatives  to  promote  the  EU 
dimension of equality5 across all grounds of discrimination and in all areas of life. 

life  regardless  of 

Social  acceptance  of  LGBTIQ  people  has  steadily  increased  across  the  EU  since  the 
Commission  adopted  the  strategy.  According  to  the  2023  special  Eurobarometer  on 
discrimination in the EU6, Europeans are now more likely than in 2019 to feel comfortable 
having a lesbian, gay or bisexual colleague  –– 75% of those polled, up 3  percentage points 
(pps) –– or if one of their children  were in  a same-sex relationship (59%, up 4 pps). These 
figures are lower, however, when it comes to trans and intersex people.  

Similarly,  the  findings  of  the  third  LGBTIQ  survey7  of  the  European  Union  Agency  for 
Fundamental  Rights  (FRA)  show  that  LGBTIQ  people  are  more  open  about  their  sexual 
orientation,  gender  identity  or  sex  characteristics  in  their  social  environment  than  in  2019 

1   In line with the LGBTIQ equality strategy, LGBTIQ people are here defined as 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); or whose identity does not fit 
into a binary classification of sexuality and/or gender (queer) 

2   Communication  from  the  Commission  on  Union  of  Equality:  LGBTIQ  Equality  Strategy  2020  –  2025, 

12 November 2020, COM (2020) 698.  

3   The  other  Union  of  Equality  strategies  include:  the  gender  equality  strategy  2020-2025 (COM(2020)152), 
the  strategic EU framework for Roma equality,  inclusion and participation (COM(620)2020), the EU anti-
racism  action  plan  2020-2025  (COM(2020)565)  and  the  strategy  on  the  rights  of  persons  with  disabilities 
(COM(2021)101).  
4   COM (2020) 698, p. 22. 
5   These initiatives include: the EU strategy on victims’ rights (COM(2020)258), the European Pillar of Social 
Rights; the strategy on the rights of the child (COM(2021)142) and the strategy on combating antisemitism 
(COM(2021)615). 

6   Special Eurobarometer 535: Discrimination in the European Union (April-May 2023, QB6R.2). 
7   FRA, LGBTIQ at a crossroads: progress and challenges (14 May 2024). 

 
 
 
 
 
 
 
 
 
 
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(52%, +6 pps), with this trend more evident for trans, non-binary, gender diverse and intersex 
respondents.  

At  the  same  time,  according  to  the  FRA  survey,  unreported  incidents  of  discrimination, 
violence  and  harassment  were  common  among  the  respondents,  coupled  with  a  prevailing 
lack of confidence in governmental efforts to counter prejudice and intolerance. Only one in 
four  (26%)  respondents  considers  that  the  government  of  the  country  in  which  they  live 
effectively  combats  prejudice  and  intolerance  against  LGBTIQ  people,  which  shows  a 
notable decrease when compared with the findings of the 2019 survey (33%).   

According to the stakeholders consulted by the Commission for this report, LGBTIQ-phobic 
hate is aggravated by the rise of anti-gender and anti-LGBTIQ narratives. As the FRA survey 
attests8,  most  LGBTIQ  people  (63%)  have  encountered  often  or  always  hateful  statements 
about  the  LGBTIQ  community  online,  most  often  referencing  LGBTIQ  propaganda  or 
‘gender  ideology’.  This  has  translated  into  a  considerable  increase  in  hate-motivated 
harassment, targeting trans, non-binary, gender-diverse and intersex people in particular.   

In  order  to  step  up  EU  efforts  to  fight  hatred  in  all  its  forms,  including  against  LGBTIQ 
people,  in  December  2023,  the  European  Commission  and  the  High  Representative  of  the 
Union  for  Foreign  Affairs  and  Security  Policy  adopted  a  Joint  Communication  titled  ‘No 
place for hate: a Europe united against hatred’9.  

This report provides an assessment of how the current strategy has been put into practice. It 
analyses how the situation of LGBTIQ people has evolved in the EU, what progress has been 
made,  and  which  areas  require  greater  focus  to  fully  implement  the  strategy  by  2025.  The 
report  also  provides  an  overview  of  developments  at  national  level  (including,  where 
applicable, national action plans) and on the consultations carried out with key stakeholders.  

Consultation  activities  included:  (i)  a  call  for  evidence  on  the  Have  Your  Say  portal10;  (ii) 
targeted  consultations  with  43  stakeholders,  including  Member  States  and  LGBTIQ  civil 
society organisations; (iii) a meeting with LGBTIQ umbrella organisations, in the framework 
of  the  Commission’s  regular  dialogue  with  civil  society;  (iv)  a  dedicated  discussion  in  the 
LGBTIQ equality subgroup11,12. 

The  main  conclusion  of  those  consultation  activities  was  that  the  strategy  has  been  a 
milestone  in  strengthening  LGBTIQ  equality  in  Europe.  The  strategy  provides  a  clear 

8   As above. 
9   Joint Communication, No place for hate: a Europe united against hatred, 6 December 2023, JOIN(2023) 51. 
10   https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13927-2020-2025-LGBTIQ-

equality-strategy-mid-term-review_en.  

11   More information about the LGBTIQ Equality Subgroup in Chapter V.  
12  More  information  on  the  consultation  activities  is  included  in  the  synopsis  report  available  at: 

https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-
discrimination/lesbian-gay-bi-trans-and-intersex-equality/lgbtiq-equality-strategy-2020-2025_en.  

 
 
 
 
 
 
 
 
 
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political objective and commitment in favour of equality, and it has had a positive impact on 
the situation of LGBTIQ people across Europe.13,14 

This  report  also  builds  on  the  2023  progress  report15  on  the  implementation  of  the  strategy 
and follows the strategy’s structure, including a final chapter on delivering on the strategy. 

I)  Tackling discrimination against LGBTIQ people 

The proportion of LGBTIQ people who 
felt discriminated against in their 
everyday life fell from 42 % in 2019 
to 36 % in 2023. 

31% of intersex people 
experienced discrimination, when 
looking for work, compared to 
27% in 2019. 

The share of LGBTIQ people who 
consider that their government 
combats intolerance against LGBTIQ 
people effectively fell from 33% in 
2019 to 26% in 2023. 

Although discrimination against LGBTIQ people remains high, it is slowly decreasing across 
the EU. According to the 2023 FRA Survey, 36% of respondents felt discriminated against in 
their everyday life in the year before the survey compared to 42% in 2019. Trans and intersex 
people, however, continue to experience most discrimination. 

The results of the consultation carried out prior to this report confirmed that the Commission 
should continue encouraging Member States to ensure legal protection against discrimination 
on the grounds of sexual orientation. The results also call for the extension of protection on 
several grounds in key areas including gender identity or expression and sex characteristics.  

The adoption in May 2024 of Directives 2024/149916 and 2024/150017 establishing binding 
standards  for  equality  bodies  (i.e.  the  national  bodies  which  support  victims  of 

13   In February 2024, the European Parliament adopted a resolution on the implementation of the EU LGBTIQ 
Equality Strategy 2020-2025 (2023/2082(INI). The resolution welcomes the strategy and its recent progress 
report and calls on all Member States to adopt national LGBTIQ action plans and strategies. 

14   In May 2024, 20 Member States signed a  ministerial declaration committing themselves, together with 12 
non-EU countries, to engage with the European Commission on a  future renewal of the LGBTIQ equality 
strategy.  Also,  18  Member  States  and  the  Co-Presidents  of  the  LGBTI  Intergroup  of  the  European 
Parliament signed a declaration in May 2024 inviting the Commission to formulate a new LGBTIQ strategy 
for the new Commission mandate that includes appropriate initiatives, targeted actions and policies, as well 
as clear targets and indicators to conduct impact assessments. 

15   Progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025.  

 
 
 
 
 
 
 
 
 
 
 
 
 
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discrimination)  marked  significant  progress  in  tackling  discrimination  against  LGBTIQ 
people.  They  extend  the  remit  of  the  equality  bodies  to  discrimination  based  on  sexual 
orientation  in  the  field  of  employment  and  occupation  and  aim  to  ensure  that  the  equality 
bodies  can  contribute  effectively  to  the  enforcement  of  the  EU  Equality  Directives18 
following up on a 2021 report on the application of the Employment Equality Directive19.   

To close  a major gap in  EU legislation on non-discrimination,  the  adoption  into law of the 
proposed equal treatment directive20 remains a priority for the Commission. The directive 
would extend the scope of legal protection against discrimination based on sexual orientation 
beyond the area of employment and occupation as is currently regulated in the Employment 
Equality  Directive21.  The  proposal  is  still  in  negotiation  in  the  Council  as  the  required 
unanimity has not yet been reached.22  

The legal protection against discrimination was further reinforced addressing the challenges 
of  new  technologies.  The  Artificial  Intelligence  (AI)  Act  adopted  in  June  2024  prohibits 
putting into service AI systems that use biometric data to categorise natural persons based on 
their sexual orientation23.  

In  addition,  in  2022  the  Commission  rolled  out  the  #RightHereRightNow  campaign  on  the 
EU  Charter  of  Fundamental  Rights,  with  key  messages  and  visuals  on  non-discrimination 
based  on  sexual  orientation  and  linking  to  concrete  redress  mechanisms  in  all  EU  Member 
States. 

The Commission has fostered diversity and inclusion in the workplace, a key issue identified 
by stakeholders in the consultation, through the EU Platform of Diversity Charters24. In the 

16   Council  Directive  (EU)  2024/1499  of  7  May  2024  on  standards  for  equality  bodies  in  the  field  of  equal 
treatment  between  persons  irrespective  of  their  racial  or  ethnic  origin,  equal  treatment  in  matters  of 
employment and occupation between persons irrespective of their religion or belief, disability, age or sexual 
orientation, equal treatment between women and men in matters of social security and in the access to and 
supply of goods and services (OJ L, 2024/1499, 29.5.2024). 

17   Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for 
equality bodies in the field of equal treatment and equal opportunities between women and men in matters of 
employment and occupation (OJ L, 2024/1500, 29.5.2024). 

18   This  legislation  was  also  announced  in  the  EU  anti-racism  action  plan,  and  the  EU  Roma  strategic 

framework for equality, inclusion and participation. 

19   Report on the application of Council Directive 2000/43/EC (‘the Racial Equality Directive’) and of Council 

Directive 2000/78/EC (‘the Employment Equality Directive’), 19 March 2021, COM(2021) 139. 
20   Proposal for a Council Directive on implementing the principle of equal treatment between persons 
irrespective of religion or belief, disability, age or sexual orientation, 2 July 2008, COM(2008) 426. 

21   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). 

22   Latest progress report of June 2024: https://data.consilium.europa.eu/doc/document/ST-9043-2023-

INIT/en/pdf. 

23   Regulation of the European Parliament and of the Council laying down harmonised rules on artificial 

intelligence (artificial intelligence act) (OJ L, 2024/1689, 12.7.2024). 

24   EU Platform of Diversity Charters.  

 
 
 
 
 
 
 
 
 
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framework of the sharing of experiences and good practices through the Platform, in 2021 the 
Commission  organised  two  workshops  on  LGBTIQ  equality  and  on  trans  and  intersex 
inclusion.  

As  for  the  Commission’s  own  staff,  putting  the  commitment  to  an  inclusive  and 
discrimination-free  working  environment  into  practice,  the  Diversity  and  Inclusion  Office, 
created  in  2021,  maintains  a  regular  dialogue  with  trade  unions  and  with  the  Égalité  staff 
association25. The Commission also provides support and guidance for LGBTIQ staff under 
the Commission’s 2023-2024 diversity and inclusion action plan26, including counselling, 
and legal and administrative support.  

In the field of health, the Commission took action to address the gaps in research relevant to 
LGBTIQ people, by launching a call for proposals on access to health and care services for 
people  in  vulnerable  situations27  in  the  2023-2024  work  programme  of  Horizon 
Europe28,29, with a total indicative budget of EUR 30 million. 

In  addition,  Europe’s  beating  cancer  plan  is  committed  to  considering  the  situation  of 
vulnerable  groups,  including  LGBTIQ  people.  The  European  Cancer  Inequalities  Registry 
(ECIR)30  is  a  flagship  initiative  of  this  plan  that  aims  to  identify  trends  and  disparities  in 
cancer prevention and care, including inequalities faced by vulnerable groups. 

In  the  context  of  the  work  to  achieve  the  European  Education  Area  (EEA)  by  202531,  in 
2023 the Working Group on Equality and Values in Education and  Training32 published an 
issue  paper33  on  tackling  discrimination  based  on  sexual  orientation,  gender  identity  or 
expression, and sex characteristics. This paper highlights inspiring practices and encourages 
Member  States  to  improve  safe  and  inclusive  education  for  LGBTIQ  children  and  young 
people. In May 2024, the expert group on supportive learning environments for groups at risk 
of underachievement and for supporting well-being at school published two sets of guidelines 

25   Égalité is an association for LGBTI+ staff working within the EU institutions. It was set up in 1993 to 

combat any form of discrimination based on sexual orientation, gender identity, gender expression or sex 
characteristics. 

26   Fact Sheet on the Diversity and inclusion in the workplace Action Plan 2023-2024. 
27   https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/opportunities/topic-details/horizon-hlth-

2024-care-04-04-two-stage. 

28   https://research-and-innovation.ec.europa.eu/funding/funding-opportunities/funding-programmes-and-open-

calls/horizon-europe_en. 

29   https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/opportunities/topic-details/horizon-hlth-

2024-care-04-04-two-stage. 

30   European Cancer Inequalities Registry (ECIR).  
31   Commission Communication of 30 September 2020 on achieving the European Education Area by 2025 and 
Council resolution of 26 February 2021 on a strategic framework for European cooperation in education and 
training towards the European Education Area and beyond (2021-2030). 

32   Working groups of the EEA strategic framework | European Education Area (europa.eu). 
33   Tackling different forms of discrimination in and through education and training. 

 
 
 
 
 
 
 
 
 
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on wellbeing  and mental  health at  school34. These included recommendations  on protecting 
LGBTIQ children from various forms of violence and ensuring that they are not marginalised 
or  excluded,  and  a  specific  action  for  schools  on  addressing  possible  stereotypes  and 
misconceptions about LGBTIQ individuals. 

In the field of research, a report35 published by the Commission in 2022 in the context of the 
2022-2024  European  Research  Area  policy  agenda  provides  an  overview  of  emerging 
practices and policies at national and at EU level to support inclusion and equal opportunities 
for  students,  researchers  and  staff  from  marginalised  groups,  including  the  LGBTIQ 
community,  and  encourages  national  actions  supported  by  Horizon  Europe.  A  number  of 
relevant projects are already under way36,37. 

On 11 June 2024, the pact on migration and asylum entered into force38. It contains specific 
reception  and  procedural  safeguards  for  vulnerable  applicants  for  international  protection. 
Moreover, the 2021-2027 action plan on integration and inclusion39 recognises that LGBTIQ 
migrants  can  face  multiple  forms  of  discrimination  and  aims  to  build  synergies  with  the 
LGBTIQ equality strategy.  

The  Commission  also  continued  to  work  with  the  European  Union  Agency  for  Asylum 
(EUAA) and the Member States to make sure that the necessary resources and expertise are 
available so that vulnerable applicants are identified as soon as possible and referred to those 
who can provide adequate support40. In particular, the EUAA is developing a training path41 
targeted  at  asylum  and  reception  authorities  on  applicants  with  a  diverse  sexual 
orientation, gender identity or expression, or sex characteristics. In addition, the EUAA 
is preparing a practical  guide to support EU+ countries42 in considering the specific needs 
and characteristics of LGBTIQ applicants.  

34   Guidelines for school leaders, teachers and educators to address wellbeing and mental health at school and 

Guidelines for policymakers to address wellbeing and mental health at school. 

35   Approaches to inclusive gender equality in research and innovation (R & I).  
36   https://inspirequality.eu/. 
37   https://genderaction.eu/. 
38   Communication  from  the  Commission  on  a  New  Pact  on  Migration  and  Asylum,  23  September  2020, 

COM(2020) 609. 

39   Communication from  the  Commission  Action  plan  on Integration  and  Inclusion  2021-2027,  24  November 

2020, COM(2020) 758. 

40   https://lsa.euaa.europa.eu/euaa-products.  
41   https://euaa.europa.eu/training-catalogue/applicants-diverse-sogiesc. 
42   Member States of the European Union and associated countries. 

 
 
 
 
 
 
 
 
 
 
 
 
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II)  Ensuring LGBTIQ people’s safety 

55% of LGBTIQ people experienced 
hate-motivated harassment in 
2023, compared to 37% in 2019. 

The share of LGBTIQ people who 
suffered from bullying in school 
increased from 46% in 2019 to 
67% in 2023. 

The share of LGBTIQ people who 
consider that their government 
combats intolerance against LGBTIQ 
people effectively fell from 33% in 
2019 to 26% in 2023. 

Since the adoption of the LGBTIQ equality strategy, there has been a significant increase in 
hate-motivated harassment targeting LGBTIQ people (with 55% of them reporting that they 
had  experienced  this,  up  18  pps),  and  of  physical  and  sexual  attacks  reported  in  most  EU 
countries,  particularly  affecting  trans,  non-binary,  gender-diverse  and  intersex  people.  Data 
collected through  the  2023  EU survey on the use of  information  technology in  23 Member 
States showed that 18% of respondents have reported hostile or degrading messages online, 
which they believed were attacking or targeting people because of their sexual orientation43.  

In December 2021, the Commission adopted a Communication, accompanied by a proposal 
for a Council decision, to  include hate speech and hate crime in the  list of ‘EU crimes’ 
under  Article  83(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union.  Once  the 
Council decision is adopted, the Commission will be able to propose secondary legislation to 
ensure the protection of all individuals and groups at risk of experiencing hate crime and hate 
speech.44  Discussions  in  the  Council  are  ongoing,  with  a  view  to  reaching  the  unanimity 
required for adoption. 

The  High-Level  Group  on  combating  hate  speech  and  hate  crime  adopted  guidance  for 
national authorities to encourage the reporting of hate crimes, promote collaboration between 
law enforcement and civil society organisations, and improve the recording and collecting of 
data  on  hate  crimes,  including  on  bias-motivated  crimes  against  LGBTIQ  people.  Member 
States can also draw on technical assistance and capacity building on hate crime offered by 

43   Eurostat (isoc_ci_hm). 
44   Current  EU  law,  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  (OJ L  328,  6.12.2008, 
p. 55), requires the criminalization of hate speech only on the grounds of racism and xenophobia. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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the FRA, or the OSCE Office for Democratic Institutions and Human Rights and funded by 
the Commission45.  

The  Commission  has  continued  to  cooperate  with  the  EU  Agency  for  Law  Enforcement 
Training (CEPOL), in the High-Level Group on combating hate speech and hate crime and 
its  various  working  groups,  including  the  one  focused  on  training  for  law  enforcement.  In 
April  2024,  CEPOL  and  the  Commission  organised  a  conference  with  representatives  from 
law enforcement agencies across the EU to improve their capacity to respond to hate crime 
and hate speech, including against LGBTIQ people.  

The Commission  is  also  working towards the adoption by the legislators of the proposal  to 
revise  the  Victims’  Rights  Directive46,  published  on  12  July  2023.  The  proposal  aims  to 
further strengthen the rights of victims of crime in the EU, including the rights of vulnerable 
victims, such as victims of anti-LGBTIQ hate crime. 

In addition, the Commission ran the “Eyes open” campaign in 2023 to raise awareness about 
victims’  rights  and  to  promote  specialist  support  and  protection  for  victims  with  specific 
needs, such as victims of anti-LGBTIQ hate crime. 

In  May  2024,  the  EU  legislator  adopted  the  Directive  on  combating  violence  against 
women  and  domestic  violence47.  This  Directive  acknowledges  that  lesbian,  gay,  bisexual, 
trans  or  intersex  people  face  a  greater  risk  of  experiencing  gender-based  violence  and 
requires Member States to provide specific support and targeted preventive measures to such 
victims. 

In  April  2023,  the  Commission  adopted  a  Recommendation  on  developing  and 
strengthening  integrated  child  protection  systems,  in  the  best  interest  of  the  child48. 
Member  States  are  encouraged  to  take  appropriate  measures  to  ensure  that  children  are 
always treated without any discrimination and in a manner that protects their dignity and to 
ensure their protection, particularly in the context of the LGBTIQ Equality Strategy. 

The  EU  is  committed  to  ensuring  a  safer  online  environment  for  LGBTIQ  people.  The 
Digital Services Act49 tackles any false or manipulated information that is intended to cause 
harm  to  users  at  risk  of  hate  speech  or  discrimination,  including  LGBTIQ  people.  As  the 
Commission continues to implement the Digital Services Act, it will pay special attention to 

45   https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-

discrimination/racism-and-xenophobia/combating-hate-speech-and-hate-crime_en  

46   COM(2023) 424, 12.7.2023. 
47   Directive  of  the  European  Parliament  and  of  the  Council  on  combating  violence  against  women  and 

domestic violence,  (OJ L, 2024/1385, 24.5.2024). 

48   Commission  Recommendation  on  developing  and  strengthening  integrated  child  protection  systems  in  the 

best interests, 23 April 2024, C(2024) 2680.  

49   Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single 

Market For Digital Services (Digital Services Act) (OJ L 277, 27.10.2022, p. 1). 

 
 
 
 
 
 
 
 
 
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assessing  gender  and intersectionality-related risks on online platforms and  to  ensuring that 
such risks are reduced. 

The online platforms that signed up to the 2016 Code of conduct on countering illegal hate 
speech online are currently revising this Code in order to strengthen its capacity to prevent 
hate speech and to integrate it in the framework of the Digital Services Act. The Code will 
continue to be monitored, including with the help of a network of civil society organisations, 
many of which are working on tackling anti-LGBTIQ hate speech.  

In addition, the Commission is closely monitoring the implementation in the Member States 
of the revised Audiovisual Media Services Directive50. The Directive strengthens protection 
against  content 
incites  hatred  or  violence  and  bans  commercial  audiovisual 
communications that include or promote any type of discrimination, including on the grounds 
of sex or sexual orientation. 

that 

The  Commission  is  facilitating  effective  and  non-discriminatory  access  to  justice  for  all 
through  funding  under  the  justice  programme.  For  instance,  the  Commission  provides 
funding to train justice professionals in civil law, criminal law and fundamental rights (such 
as non-discrimination), in line with the 2020-2025 EU strategy on victims' rights51. Supported 
projects  have  helped  to  strengthen  legal  protection  for  LGBTIQ  people  against  hate  crime, 
hate speech and violence52, as well as to improve conditions for LGBTIQ people who are in 
detention53.  

Complementary  to  the  financial  support  provided  by  the  justice  programme  in  the  area  of 
justice, the citizens, equality, rights and values (CERV) programme offers strong support 
to  fight  discrimination  against  LGBTIQ  people  and  promote  LGBTIQ-equality  and 
fundamental  rights.  In  2023-2024,  the  Commission  allocated  EUR  32  million  under  two 
dedicated calls for proposals to support civil society organisations in capacity building and to 
promote  the  implementation  of  the  Charter  of  Fundamental  Rights,  including  through 
protecting  LGBTIQ  rights  and  fighting  anti-LGBTIQ  hate  crime  and  hate  speech54.  One  of 

50   Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination 
of certain provisions laid down by law, regulation or administrative action in Member States concerning the 
provision of audiovisual media services (OJ L 95, 15.4.2010, p. 1). 

51   Communication  from  the  Commission:  EU  Strategy  on  victims’  rights  (2020-2025),  24  June  2020, 

COM(2020) 258. 

52   For instance, the project “Counter Hate: Improving the assistance of victims of hate crimes through a victim-
centred  and  intersectional  approach”  has  contributed  to  the  assistance  to  victims  of  hate  crimes  including 
LGBTIQ  victims  by  ensuring  that  legislation  and  policies  establish  a  victim-centred  and  intersectional 
approach and by improving between professionals of information on successful measures. More information 
is available at: EU Funding & Tenders Portal. 

53   For example, the project ‘LGBTIQ Detainees’ focuses on strengthening the rights of LGBTIQ detainees in 
the  LEU  by  mapping  the  existing  legal  and  policy  framework  applicable  to  them.  More  information  is 
available at: EU Funding & Tenders Portal. 
54   CERV-2023-CHAR-LITI call for proposals.  

 
 
 
 
 
 
 
 
 
10 

the four priorities of the call to promote equality and to fight against racism, xenophobia and 
discrimination  (EUR  20  million  in  2023)  focussed  on  fighting  discrimination  against 
LGBTIQ people and promoting LGBTIQ equality. The Commission also co-funded a project 
implemented by the Council of Europe to combat anti-LGBTIQ violence and hate speech and 
strengthen awareness-raising and fact-based narratives about LGBTIQ persons. 

Finally, following up on its commitment to protect and promote LGBTIQ people’s physical 
and  mental  health,  on  7  June  2023,  the  Commission  adopted  a  Communication  on  a 
comprehensive approach to mental health55. The Communication underlines that tailored 
care should be provided to people in vulnerable situations, including LGBTIQ people.  

III)  Building LGBTIQ inclusive societies 

The share of LGBTIQ people who 
avoid holding hands in public fell 
from 61% in 2019 to 54% in 2023. 

21 Member States had marriage 
equality in 2023, compared to 
13 in 2019. 

Legal  gender  recognition  based 
on  self-determination  applied  in 
11 Member States in 2023, compared 
to 4 in 2019. 

While these figures  show a positive trend,  differences in  legal  provisions  between Member 
States may also lead to discriminatory treatment of LGBTIQ people. For instance, family ties 
may not be recognised when rainbow families cross the borders of Member States. According 
to  the  FRA’s  2023  Survey56,  14%  of  respondents  in  LGBTIQ-parented  families  faced 
problems in having their parenthood legally recognised in another Member State. 

The Commission has pledged to ensure the correct application of the rules on free movement 
of people to all EU citizens, including LGBTIQ people and their families. Revised guidelines 
on free movement57 were published as part of a package to celebrate the 30th anniversary of 
EU citizenship rights in December 2023. They reflect the diversity of families and help make 
it easier for all families, including rainbow families,  to exercise their free movement rights. 
The guidelines also recall that the terms of the Free Movement Directive are gender neutral. 

55   COM(2023)298. 
56   LGBTIQ at crossroads: progress and challenges. 
57   Guidance on the right of free movement of EU citizens and their families (C/2023/1392). 

 
 
 
 
 
 
 
 
 
 
 
 
 
11 

The  Commission  will  continue  to  ensure  the  correct  implementation  of  the  rules  on  free 
movement.  This  includes  dialogues  with  Member  States  on  the  implementation  of  the 
judgments  in  the  Coman58  and  VMA59  cases,  in  which  the  Court  of  Justice  clarified  some 
aspects of the Free Movement Directive60 in relation to rainbow families.  

To  protect  and  reinforce  the  rights  of  all  children  in  cross-border  situations,  in  December 
2022, the Commission adopted a proposal for a regulation61 to facilitate the recognition in 
a Member State of parenthood established in another Member State, by harmonising the 
Member States’ rules of private international law. The proposal covers the recognition of the 
parenthood of all children irrespective of how they were conceived or born, and irrespective 
of their type of family, thus including the recognition of the parenthood of a child with same-
sex  parents  as  established  in  another  Member  State.  Negotiations  in  the  Council  on  the 
proposed legislation – which requires unanimity – are ongoing.  

The  CERV  programme  has  financed  projects  and  invested  in  long-term  partnerships  to 
advance the rights of LGBTIQ people and combat harmful practices against  them. In 2021-
2024, under the  EQUAL call for proposals, the  Commission  awarded EUR  5 million  to 24 
projects to promote the rights of LGBTIQ people. EU funding  was also awarded to several 
projects  addressing  discrimination  and  violence  from  an  intersectional  perspective62, 
including against LGBTIQ people.  

In  the  same  period,  the  Commission  also  concluded  4-year  framework  agreements  with 
European  LGBTIQ  umbrella  organisations63.  In  the  first  3  years  of  implementation  of  the 
LGBTIQ  equality  strategy,  these  partners  received  financial  support  of  around  EUR  12.4 
million.  Some  of  these  organisations  act  as  funding  intermediaries  and  have  provided 

58   CJEU  Case  C‑673/16,  Coman,  5  June  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.   

59   CJEU  Case  C-490/20,  V.M.A.  v.  Stolichna  obshtina,  rayon  ‘Pancharevo’,  14  December  2021, 
ECLI:EU:C:2021:296. In this judgement,  the Court of Justice  held that EU Member States are  required to 
recognise – for the purposes of EU free movement law – the familial ties established in another EU Member 
State between a child and her parents who are a same-sex couple. 

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 (OJ L 158, 30.4.2004, p. 77). 

61   Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of 
authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood, 
7 December 2022, COM(2022) 695. 

62   For  example,  the  child  call  promotes  LGBTIQ-equality  via  an  intersection  perspective  by  promoting  the 
rights  of  all  children.  The  Charter  and  Litigation  call  contributes  as  well  via  an  intersectional  approach  to 
LGBTIQ-equality. 

63   Europe Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe), 
Transgender  Europe  (TGEU),  Organisation  Intersex  International  Europe  (OII  Europe),  The  International 
Lesbian,  Gay,  Bisexual,  Transgender  and  Queer  and  Intersex  Youth  and  Student  Organisation  (IGLYO), 
EuroCentralAsian Lesbian Community (EL*C). 

 
 
 
 
 
 
 
 
 
12 

financial support directly to their local and regional member organisations, which might not 
have  the  capacity  to  access  EU  funding  directly.  In  addition,  the  Regulation  of  the  CERV 
programme  identifies  EQUINET,  the  European  Network  of  Equality  Bodies,  as  a  strategic 
partner and multiplier for equality, including LGBTIQ equality. 

The  Commission  continues  to  maintain  and  encourage  structured,  open  dialogue  and 
consultation  with  civil  society  to  engage  them  in  the  implementation  of  the  strategy.  In 
March  2024,  the  Commission  organised  the  third  roundtable  discussion  with  LGBTIQ 
umbrella organisations on the implementation of the strategy.  

IV)  Leading the call for LGBTIQ equality around the world 

In many parts of the world, LGBTIQ people continue to experience serious rights violations 
and  abuses,  including  persecution,  incarceration  or  even  murder  or  the  death  penalty.  This 
was the case also in Russia’s war of aggression against Ukraine: LGBTIQ people were more 
exposed than others to severe hardship during the journey from Ukraine, including  physical 
attacks with or without weapons, threats of physical assault, humiliation and intimidation64. 

The  EU  has  continued  to  support  LGBTIQ  people  around  the  world,  in  particular  those 
experiencing violence and abuse. In line with the 2020-2024 action plan on human rights and 
democracy65, and with the EU guidelines to promote and protect the enjoyment of all human 
rights by LGBTI people66, the human rights of LGBTIQ people were raised in human rights 
dialogues with countries in all regions.  

The human rights of LGBTIQ people are also systematically assessed in the reports under the 
EU’s  Enlargement  package  and  raised  with  countries  in  meetings  under  the  Stabilisation 
and  Association  Process  with  the  Western  Balkans  and  under  the  EU-Türkiye  Association 
Agreement. They are also raised in dialogues with partner countries benefiting from the EU’s 
Generalised System of Preferences and the Everything but Arms scheme, and in meetings at 
working  level  between  the  Commission  and  national  authorities,  civil  society  organisations 
and academics. 

The  EU  continues  to  provide  funding  to  civil  society  organisations  and  human  rights 
defenders under the Instrument for Pre-Accession Assistance and the thematic programme 
on  human  rights  and  democracy  associated  with  the  Neighbourhood,  Development  and 
International  Cooperation  Instrument.  For  instance,  EUR  15  million  was  earmarked  to 

64   EU  Agency  for  Fundamental  Rights  (FRA),  Fleeing  Ukraine:  Displaced  people’s  experiences  in  the  EU, 

Publication Office, 2023. 

65   EU Action Plan on Human Rights and Democracy 2020-2024. 
66   EU Guidelines to Promote and Protect the Enjoyment of all Human Rights by LGBTI Persons. 

 
 
 
 
 
 
 
 
 
 
13 

promote  equality,  inclusion  and  diversity  under  the  2022-2024  thematic  programme  on 
human  rights  and  democracy67.  The  EU  offers  a  rapid  response  mechanism  to  protect 
individual  LGBTIQ  human  rights  defenders  who  are  at  risk.  The  EU  Human  Rights 
Defenders  Mechanism  managed  by  the  Protect  Defenders  Facility68,69  continues  to 
provide funding for emergency grants, temporary relocation, capacity building and training.   

The  outcome  of  dedicated  EEAS  work  analysing  instances  of  foreign  information 
manipulation and interference (FIMI) that target LGBTIQ people is laid out in a report70 
that  aimed  to  help  the  defender  community  understand  the  nature  of  FIMI  as  well  as  the 
tactics,  techniques  and  procedures  used  to  target  the  LGBTIQ+  community  and  expressed 
support for further work on this issue. The report found that there remains an urgent need for 
more  research  on  FIMI  targeting  LGBTIQ+  and  its  impact  on  local  communities  and  the 
wider democratic process. 

The decriminalisation of consensual same-sex sexual acts has remained a goal of the EU’s 
external  relations.  For  instance,  the  High  Representative/Vice  President  condemned  the 
promulgation of Uganda’s 2023 Anti-Homosexuality Act71, stating that this law is contrary to 
international  human  rights  law  and  to  Uganda’s  obligations  under  the  African  Charter  on 
Human  and  People’s  Rights.  The  EU  continued  to  monitor  developments  through  its 
Delegations in countries where similar laws were proposed and conducted bilateral outreach 
in these countries.   

In  March  2023,  the  EEAS  adopted  the  2023-2025  agenda  for  diversity  and  inclusion72, 
which outlines objectives for action both within the EEAS and outside the  EU, and focuses 
on  mainstreaming  non-discrimination  by  promoting  universal  human  rights  in  multilateral 
forums.  

67   Commission  implementing  decision  on  the  financing  of  the  multiannual  action  plan  for  the  thematic 

programme on human rights and democracy for 2022-2024, 25 July 2022, C(2022) 5452. 

68   It is a consortium of twelve international non-governmental organisations working in the field of protection 

for human rights defenders at risk. 

69   Before 2022 via the European Instrument for Democracy and Human Rights. 
70   https://www.eeas.europa.eu/eeas/fimi-targeting-lgbtiq-people_en?s=73. 
71   https://www.eeas.europa.eu/eeas/uganda-statement-high-representative-josep-borrell-promulgation-anti-

homosexuality-bill_en. 

72   https://www.eeas.europa.eu/eeas/diversity-and-inclusion-agenda-eeas-2023-2025_en. 

 
 
 
 
 
 
 
 
 
 
 
 
 
14 

V)  Delivering on the strategy: making full use of EU initiatives 

1.  Better equality mainstreaming 

To  achieve  the  objectives  set  out  in  the  strategy,  the  Commission  combined  the  targeted 
actions outlined in the strategy with better mainstreaming of equality issues, to ensure that 
combating  discrimination  affecting  LGBTIQ  people  and  promoting  equality  are  integrated 
into all EU policies, legislation and funding programmes.  

In the area of transport, a Handbook for Equality Mainstreaming73 has been published to help 
staff and interested stakeholders apply an equality dimension in transport policies and related 
activities  and  to  ensure  increased  attention  to  the  safety  concerns  of  particular  groups  of 
transport users, including LGBTIQ people.  

Member  States  must  ensure  that  they  manage  EU  funds  in  compliance with  the  horizontal 
enabling condition related to the Charter of Fundamental Rights. Member States must fulfil 
the enabling conditions74 throughout the programming period of the funds.  

To ensure that EU-funded programmes respect equality principles and comply with EU law, 
the Commission has proposed to add ‘incitement to discrimination, hatred or violence’ as an 
explicit new ‘situation of exclusion’, as part of the revision of the Financial Regulation75 76. 
If  a  ‘situation  of  exclusion’  applies  to  an  organisation,  the  Commission  may  launch  a 
procedure  to  exclude  it  from  participating  in  award  procedures  and  take  any  measures 
necessary to protect the financial interest of the EU, such as by suspending or terminating any 
ongoing legal commitments. The Council and the European Parliament reached a provisional 
agreement on the revision of the Regulation in December 2023. 

The  Commission  has  stepped  up  its  efforts  to  mainstream  LGBTIQ  equality  in  the  field  of 
data  collection.  The  Commission  was  supported  in  this  task  by  the  FRA  and  the  European 
Institute for Gender Equality (EIGE), who contributed regularly to the collection of reliable 
and comparable equality data and contributed their expertise to help design and carry out 
data  collection  in  the  Member  States.  For  instance,  the  FRA’s  2021  survey  on  Roma  in 
10 European countries included information on experiences of discrimination based on sexual 
orientation and gender identity77.  

73   Handbook for equality mainstreaming at DG MOVE (May 2024). 
74   Under the Common Provisions Regulation: Regulation (EU) 2021/1060 of the European Parliament and of 

the Council of 24 June 2021 (OJ L 231, 30.6.2021, p. 159). 

75   COM(2022)223.  
76   It must be noted that this new provision of the Financial Regulation does not apply to shared management.  
77   FRA, Roma in 10 European countries. Main results, 2022. 

 
 
 
 
 
 
 
 
 
 
15 

In  addition,  the  FRA  and  the  EIGE  continuously  provide  Member  States  with  technical 
assistance  and  methodological  support  to  design  and  implement  the  collection  of  data 
about LGBTIQ people. Practical guidance, such as the 2023 guidance note on the collection 
and use of data for LGBTIQ equality78 will help Member States to improve the collection of 
data  disaggregated  by  sexual  orientation,  gender  identity,  gender  expression  and  sex 
characteristics.  

In June 2023, Eurostat created an equality and non-discrimination statistics task force to 
make progress on the collection of harmonised equality data, with a focus on specific grounds 
of discrimination that are difficult to measure (e.g. religion or belief, racial or ethnic origin, 
or sexual orientation  and gender identity).  The task force  aims to  complete its  work by  the 
end of 2026. 

To ensure the maximum impact of the LGBTIQ equality strategy during the remaining period 
of its implementation, the stakeholders that were consulted identified two particular areas to 
focus  on.  The  first  is  to  improve  data  collection  to  plan  and  implement  more  effective 
policies. To this end, the subgroup on equality data is working hand-in-hand with the Eurostat 
equality statistics task force on collecting better and more comparable statistics on equality. 
The  Commission  is  also  working  with  the  subgroups  on  equality  data  and  on  LGBTIQ 
equality to create synergies in their work, particularly as regards developing tools to support 
Member  States  in  the  development,  implementation  and  monitoring  of  national  LGBTIQ 
strategies and action plans. 

The second  area to  focus  on is  to  give greater  visibility  to  actions  on LGBTIQ  equality,  as 
many stakeholders, including national LGBTIQ organisations, local authorities and the public 
are not aware of the existence of the strategy. For this purpose, a new section on actions for 
LGBTIQ  equality79  was  added  on  the  webpage  on  the  Commission’s  political  priorities. 
Reflections  are  also  ongoing  on  how  to  improve  the  dissemination  of  relevant  information, 
for  instance  via  a  dedicated  newsletter  to  provide  updates  on  the  implementation  of  the 
LGBTIQ equality strategy. 

At the local level, the Commission continues to support and promote cities’ efforts to put in 
place  robust  inclusion  policies,  through  the  annual  European  Capitals  of  Inclusion  and 
Diversity Awards which had three editions so far. In April 2023, the second edition of the 
Awards took place. Three European cities and regions were recognised for their initiatives to 
foster LGBTIQ equality locally by receiving a special award80.  

78   Guidance note on the collection and use of data for LGBTIQ equality. 
79   Actions for LGBTIQ equality - European Commission (europa.eu). 
80   Winners of the 2023 Inclusion and Diversity Awards (europa.eu). 

 
 
 
 
 
 
 
 
 
16 

2.  State of play of national action plans and strategies 

The  Commission’s  strategy  explicitly  encourages  Member  States  to  adopt  national  action 
plans. The objective is  to  step up protection against anti-LGBTIQ discrimination, to  ensure 
follow-up at the national level of the objectives and actions set out in  the LGBTIQ equality 
strategy and to complement this with measures to advance LGBTIQ equality in the areas for 
which Member States are competent.  

To  date,  12  Member  States  –  Belgium81,  Denmark82,  Germany83,  Ireland84,  Greece85, 
France86, Italy87, Luxembourg88, Malta89, the Netherlands90, Portugal91 and Sweden92 – 
have  national  strategies  or  action  plans  in  place93.  These  12  Member  States  replied  to  the 
online  questionnaire  for  the  targeted  consultation,  providing  additional  information  on  the 
design,  implementation,  monitoring  and  evaluation  of  their  national  strategies  and  action 
plans.  

Furthermore,  Spain  is  preparing  two  strategies:  a  national  strategy  on  equal  treatment  and 
non-discrimination of LGBTI people, and a national strategy on the social inclusion of trans 
people. Also,  as  explained in  the thematic report of the European  Equality  Law Network94, 
Cyprus is planning an LGBTIQ equality action plan, which would be part of its broader 2021 
national  human  rights  strategy.  The thematic report  identifies  some recurring themes  in  the 
objectives  and  measures  included  in  national  action  plans  and  strategies.  These  include 
awareness-raising, data  collection, well-being  and healthcare,  combating  discrimination  and 
violence, recognition of rainbow families, improving procedures for legal gender recognition, 
mainstreaming  LGBTIQ  equality  in  all  policies  and  promoting  LGBTIQ  rights  in  foreign 
policy. Also, all national action plans and strategies pay attention to intersectionality or to the 
most vulnerable groups of LGBTIQ people. 

81   See: Pour une Belgique LGBTIQ+ Friendly -  Plan d'Action Fédéral 2021-2024. 
82   See: Plads til forskellighed i fælleskabet – LGBT+ handlingsplan 2022-2025. 
83   See: Aktionsplan „Queer leben”.   
84   See: LGBTI+ Inclusion Strategy 2019-2021. 
85   See: Εθνική Στρατηγική για την Ισότητα των ΛΟΑΤΚΙ+. 
86   See: Plan national pour l’égalité, contre la haine et les discriminations anti LGBT+ (2023-2026). 
87   See : Strategia Nazionale LGBT+ 2022-2025. 
88   See :  Plan  d’action  national  pour  la  promotion  des  droits  des  personnes  lesbiennes,  gays,  bisexuelles, 

transgenres et intersexes. 

89   See:  LGBTIQ+ Equality Strategy & Action Plan 2023-2027. 
90   See: Emancipatienota 2022-2025. 
91   See: Resolução do Conselho de Ministros n.º 61/2018, de 21 de maio. 
92   See: Action plan for equal rights and opportunities for LGBTIQ people. 
93   Additional  information  on  those  particular  national  action  plans  and  strategies  is  provided  in  the  thematic 
report  of  the  European  Equality  Law  Network.  See:  P.  Cannoot  and  C.  Van  de  Graaf  (2023),  Charting 
progress: A comparative analysis of national LGBTIQ equality action plans in the EU. 

94   P.  Cannoot  and  C.  Van  de  Graaf  (2023),  Charting progress:  A  comparative  analysis  of  national  LGBTIQ 
equality  action  plans  in  the  EU,  provides  in  depth  analysis  of  all  12  dedicated  national  action  plans  or 
strategies in place, and of the particular cases of Spain and Cyprus. 

 
 
 
 
 
 
 
 
 
17 

Based on the responses from Member States during the consultation process, over two thirds 
of  those  with  a  national  action  plan  or  strategy  have  a  permanent  governmental  LGBTIQ 
coordination  structure.  Member  States  also  provide  structural  funding  for  LGBTIQ  civil 
society organisations and have a specific budget allocation, timetable and responsibilities to 
implement their LGBTIQ policies. Two thirds of respondents with a national action plan or 
strategy  have  developed  indicators  or  targets  to  assess  the  implementation  of  LGBTIQ 
policies.  In  this  regard,  many  respondents  indicated  that  there  is  room  to  improve  the 
collection of data on LGBTIQ equality in the framework of the LGBTIQ equality strategy.  

Most  Member  States  with  a  national  action  plan  or  strategy  have  indicated  that  monitoring 
and evaluation mechanisms are in place at national level, although the procedural frameworks 
differ95.  More  than  half  of  the  respondents  said  that  policy  makers  and  civil  society  were 
involved in monitoring and evaluation.  

In  May  2021,  the  LGBTIQ  equality  subgroup  was  set  up  under  the  High-Level  Group  on 
non-discrimination,  equality  and  diversity  to  strengthen  the  implementation  of  the  strategy. 
The  FRA  contributes  to  its  work,  and  the  subgroup  cooperates  with  civil  society  and 
international  organisations.  The  creation  and  work  of  the  subgroup  was  welcomed  in  the 
consultations for the preparation of this report. 

The LGBTIQ equality subgroup prepared the guidelines for strategies and action plans to 
enhance LGBTIQ equality96 to support Member States’ efforts to affirm LGBTIQ equality 
in a strategic and evidence-based manner97.  

The Commission continues to encourage all Member States to adopt national action plans to 
strengthen  LGBTIQ  equality.  Exchanges  of  good  practices  and  discussions  in  the  LGBTIQ 
equality subgroup will help Member States in the adoption, implementation, monitoring and 
evaluation of their national action plans and strategies. 

3.  Monitoring of implementation of EU law 

In  its  role  as  ‘guardian  of  the  Treaties’,  the  Commission  continued  to  monitor  the 
implementation of EU law in the Member States and initiated  infringement procedures in 
cases where EU law has been breached. In July  2022, the Commission referred Hungary to 
the Court of Justice of the EU over national rules that discriminate against people based on 

95   The  thematic  report  provides  additional  information  on  specific  monitoring  and  evaluation  procedures  in 

place in all the Member States that were analysed. 

96   Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality (April 2022).  
97   Overall, based on the consultations carried out with Member States, the guidelines are seen as an important 
policy  tool  that  brings  added  value  to  the  work  of  the  different  stakeholders.  The  main  results  of  the 
consultation  process  with  Member  States  on  national  action  plans  are  described  in  more  detail  in  the 
at: https://commission.europa.eu/strategy-and-policy/policies/justice-and-
synopsis 
fundamental-rights/combatting-discrimination/lesbian-gay-bi-trans-and-intersex-equality/lgbtiq-equality-
strategy-2020-2025_en. 

available 

report 

 
 
 
 
 
 
 
 
 
18 

their  sexual  orientation  and  gender  identity98.  The  Hungarian  law  prohibits  or  limits  access 
for minors to  content that  ‘promotes  or portrays' what  it refers to  as ‘divergence from self-
identity  corresponding  to  sex  at  birth,  sex  change  or  homosexuality'.  The  Commission 
considered  that  the  law  violates  several  EU  rules,  both  single  market  rules  and  the 
fundamental  rights  of  individuals,  in  particular  of  LGBTIQ  people,  as  well  as  the  common 
values at the core of the EU. The action was brought before the Court of Justice in December 
202299. 

In 2019-2020, around 197 local and regional governments in Poland adopted resolutions with 
the stated aim to protect families and children from ‘LGBT ideology’ and declared local areas 
as  ‘LGBT-free  zones’.  In  July  2021,  the  Commission  opened  an  infringement  procedure 
because  Poland  had  failed  to  respond  appropriately  to  the  Commission’s  inquiry  about  the 
nature and impact of such zones. In January 2023, the Commission closed the infringement 
procedure as the Polish authorities have since provided the information requested.  

VI)  Conclusion 

The  implementation  of  the  LGBTIQ  equality  strategy  is  having  a  positive  impact  on  the 
situation  of  LGBTIQ  people  in  Europe.  It  helps  mainstreaming  LGBTIQ  equality  across 
different policy areas, with an intersectional perspective.  

The Commission will continue to work closely with Member States and all stakeholders on 
the implementation of the strategy. It will continue to support the EU legislators in their work 
to  adopt  the  pending  legislative  proposals  in  the  area  of  LGBTIQ  equality.  In  its  role  of 
guardian of the Treaties, the Commission will continue to ensure the correct implementation 
and enforcement of the EU legislation protecting the rights of LGBTIQ people.  

To  date,  12  Member  States  have  national  strategies  or  action  plans  in  place.  Most  of  them 
acknowledge that the LGBTIQ equality strategy added value to the efforts at national level, 
in many different areas. The Commission will continue to encourage Member States to adopt 
national action plans to strengthen LGBTIQ equality. Cooperation with Member States will 
be reinforced, exchanging good practices in the development and implementation of national 
action plans.  

Finally,  the  Commission  will  continue  to  support,  including  through  EU  funding,  the 
activities  and  projects  of  civil  society  organisations,  in  line  with  the  objectives  set  by  the 
strategy.  

98   Commission refers Hungary to the Court of Justice of the EU (europa.eu). 
99   Action  brought on 19  December  2022,  European  Commission  v  Hungary,  C-769/22  (OJ  C  54,  13.2.2023, 

p. 16).  

 
 
 
 
 
 
 
 
 
 
 
19 

Although the EU and its Member States have made significant progress in advancing a Union 
of  Equality,  there  is  still  a  long  way  to  go  to  build  a  welcoming  and  equal  society  for  all. 
Progress towards LGBTIQ equality is fragile and not irreversible. The COVID-19 crisis and 
Russia’s war of aggression against Ukraine have deepened polarisation in society, including 
on LGBTIQ rights. This polarisation threatens to undermine hard-won progress. It is crucial 
for the EU to remain vigilant and to continue to work with Member States, including in its 
foreign policy, to protect the rights of LGBTIQ people. 

In the political guidelines for the next European Commission 2024-2029100, President von der 
Leyen announced an updated strategy on LGBTIQ equality, as part of the ongoing efforts to 
build a Union of equality. 

100  Political guidelines for the next European Commission 2024-2029.