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A new report by Thomas Hammarberg, the Commissioner for Human Rights for the Council of Europe, examines the legal and social situation for LGBT people.The report, “Discrimination on grounds of sexual orientation and gender identity” is a whopping 134 pages long. It is the largest study ever made on homophobia, transphobia and discrimination on the ground of sexual orientation and gender identity in the 47 member states of the Council of Europe. Just let me clarify quickly — the Council of Europe is separate to the European Union (EU). It is an international organization with 47 member countries (the EU only has 27) that was set up to promote democracy and protect human rights and the rule of law in Europe. The report is not particularly uplifting and, not surprisingly, it raises concerns about the situation of transgender people. Homophobic and transphobic attitudes were identified in all member states, although attitudes varied significantly among and within the countries. It also pointed out that “biased, outdated and incorrect information as well as stereotypical portrayals of LGBT persons in the media and in textbooks contributed to the shaping of negative attitudes.” Ouch. The invisibility of LGBT people is a recurring theme as well as the lack of a serious discussion about “their” human rights. When it comes to discrimination, trans folk are not explicitly protected under the existing laws. Where they are protected the laws are not explicit enough or are only available for a narrowly defined group. If you are trans it is also extremely difficult to get your preferred gender legally recognized. “Most member states fail to provide for legal gender recognition of transgender people, be it by completely absent legislation or cumbersome and unclear procedures. A majority of 30 member states require individuals seeking to change documents to undergo gender reassignment surgery, a heavily invasive treatment of often questionable quality and serious health consequences.” And what if you are married and are trans? Well, that’s a whole different problem. Sixteen members states require that trans people be single. So if you are married you have to get divorced in order to be recognized as trans. Getting gender reassignment treatment also poses a problem — nearly half of the states did not have the infrastructure suitable for gender reassignment surgery. The news is not great but the report has been done. It is thorough and provides 36 policy-recommendations for the members of the Council of Europe. Richard Köhler, co-chair of Transgender Europe says, “The Commissioner addresses human rights violations transgender people are facing in a very clear language. There is no way for member states to turn a blind eye on research findings or recommendations. It is on them now to demonstrate political will and follow the example of Thomas Hammarberg. Who wants to end discrimination, needs to show face” (via pansexualpride)
A very sad study, important to know about.