ILGA-EUROPE | New era of coordinated attacks on foundations of Fundamental Rights, as EU bins Equal Treatment Directive

A major report published today, 18 February 2025, identifies how LGBTQIA+ people are being weaponized to erode the foundations of freedom and democracy across Europe. The report describes the changes in 2024.

ILGA-Europe‘s ‘Annual Review of the Human Right Situation of LGBTI People in Europe and Central Asia‘ warns of a new era in which rising anti-LGBTI legislation threatens fundamental rights. Governments are fueling anti-LGBTI sentiment to push laws that restrict freedom of expression, association, and fair elections. The analysis follows a trend already seen in 2023-2024

Governments are increasingly adopting tactics similar to Russia’s, forcing NGOs to register as ‘foreign funded’ to undermine their legitimacy, restrict funding, and stifle human rights activism. 

Known as ‘foreign agent’ laws, these measures are framed as protecting families and traditional values while often specifically targeting LGBTI NGOs. Last year in Bulgaria, Georgia, Hungary, Kyrgyzstan, and Montenegro, proposed foreign agent laws posed a direct threat to civil society. 

Such legislation is enacted with or in the wake of so-called ‘LGBT propaganda’ laws that seek to criminalise visibility of LGBTI people, ban content, silence activists and restrict freedom of assembly, which have been either discussed, proposed or adopted in seven countries: Azerbaijan, Belarus, Bulgaria, Georgia, Kazakhstan, Romania, and Slovakia

These laws have been increasingly leveraged in education sectors, restricting or entirely preventing the inclusion of LGBTI issues in curricula and awareness-raising initiatives. 

Sex education

In addition, attempts to introduce legislation excluding LGBTI topics from sex education were recorded in Bulgaria, Hungary, Italy, the Netherlands, Luxembourg, Norway, Romania, Russia, and Slovakia.

In this context, LGBTI-phobic hate speech, sexism and misogyny are increasingly normalised, often fuelled by public figures, including political and religious leaders and state institutions. This is in turn driving an unprecedented surge in violence as hate crimes have reached record levels across the region.

Normalisation on hate

The normalisation of hate is also providing justification for the blocking of healthcare for trans people. 

Andorra, Georgia, Hungary, Ireland, Moldova, Romania, Russia, and the United Kingdom have all put in place new barriers to care. Following the UK Cass Review, efforts to restrict trans healthcare for minors have emerged in Austria, France, Ireland, Poland, and the UK, putting trans lives further at risk.

As an increasing number of governments crack down, LGBTI people are being forced to flee, but Europe is closing its doors. 

Russia, Kyrgyzstan, and Turkey are intensifying persecution, and Turkmenistan is entrapping and torturing LGBTI individuals. 

Yet, many European countries, including Austria, Belgium, Bulgaria, Ireland and the UK, are denying asylum claims based on outdated, arbitrary assessments, with some officials rejecting applicants for not ‘seeming LGBTI enough.’

According to ILGA-Europe’s Executive Director, Chaber: “This report confirms what many of us have feared—we are entering a new era where LGBTI people have become the testing ground for laws that erode democracy itself. Across Europe and Central Asia, governments are using anti-LGBTI rhetoric to justify restrictions on free speech, civil society, and fair elections. What begins as an attack on LGBTI rights rapidly grows into a wider assault on the rights and freedoms of all individuals in society. This is not just an LGBTI issue; it is a crisis for human rights and democracy as a whole.”

ILGA-Europe’s Advocacy Director, Katrin Hugendubel added: “While governments are increasingly scapegoating LGBTI people to push restrictive laws, the courts both in the EU and across Europe are in turn upholding LGBTI human rights, with key judgements on procedures for LGBTI asylum seekers, anti-LGBTI hate speech, freedom of association and expression, legal gender recognition, and sexual and reproductive rights. But at this critical time, our leaders cannot simply leave the protection of human rights to the courts. Politicians at both the European and national levels must act decisively to counter the growing attacks on the cornerstones of democracy we are seeing. The normalisation of anti-LGBTI rhetoric is not just a threat to one community—it is now a proven direct assault on the democratic principles that underpin our societies.”

European Commission unilaterally gives up on anti-discrimination law

On 12 February, the European Commission publicly announced its intention to withdraw the proposal for the Equal Treatment Directive

This legislative measure aims to close legal gaps in EU anti-discrimination law. The European Union‘s Charter of Fundamental Rights and EU Treaties prohibit discrimination based on gender, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. 

However, existing EU anti-discrimination legislation results in a hierarchy of protection where some forms of discrimination are more comprehensively addressed than others. The Equal Treatment Directive sought to harmonise these protections, ensuring a horizontal approach to equality.

This week’s decision severely undermines the EU’s commitment to building a Union of Equality at a time when marginalised communities require greater protection than ever. 

“The withdrawal of the proposed Directive leaves a glaring gap in EU law, failing to protect young people, older persons, LGBTIQ+ persons, persons with disabilities or those facing discrimination based on religion or belief when accessing goods and services, housing, healthcare, social protection or education. It also does not sufficiently protect individuals who experience discrimination on the basis of race or ethnic origin and sex/gender in combination with these grounds”, several minority rights and representation advocacy groups say. 

“The Commission’s intention to withdraw it, without consulting with civil society and without presenting any alternative plan on how to better ensure comprehensive protection against discrimination outside the labour market in the EU, sends the wrong political message.”

“Furthermore, this withdrawal goes against EU’s fundamental values enshrined in its treaties and disregards the support of the European Parliament, civil society, Equality Bodies and international organisations. It is also at odds with the European Commission’s repeated commitment to building a ‘Union of Equality‘ and undermines the Polish Presidency’s priorities.”

Scrapping this directive without introducing a stronger and more comprehensive alternative at such a critical time when discrimination and rights violations are on the rise undermines the EU’s credibility as a global leader in human rights. 

It sends a clear message that those living in the EU will not be shielded from the worldwide backlash against equality, democracy and fundamental rights. It is not enough for the Commission to reverse its course. Member States must also step up and finally agree on an ambitious law that fights discrimination.

“It is especially concerning that while the far-right is on the rise everywhere in Europe, the Commission chooses to sacrifice the human rights of citizens in what appears as a dangerous political gamble. In times of hatred and fear-mongering, we need more human rights protection, not less.”

For this reason, the signatories of the open letter urge the European Commission to:

  • Reconsider its intention to withdraw the Equal Treatment Directive;
  • If the withdrawal proceeds, immediately propose a more robust and comprehensive legislative proposal that takes an intersectional approach, along with a clear timeline;
  • Immediately engage in meaningful consultation with the European Parliament, civil society, Equality Bodies and EU citizens to determine the necessary action to achieve true equality;
  • Make an unequivocal commitment to making the ‘Union of Equality’ a reality for all of us.

They also call on:

  • The Polish Presidency to hold an urgent and public Council meeting for the Commission to explain this decision;
  • The European Parliament to hold a public hearing with the European Commission on the decision and future steps to ensure protection against discrimination for all people living in the EU.

The signatories are the Eurocentralasian Lesbian* Community (EL*C), the European Roma Grassroots Organisations Network (ERGO Network), the Organisation Intersex International Europe e.V. (OII Europe), the International LGBTQI Youth & Student Organisation (IGLYO), the European Network against Racism (ENAR), ILGA-Europe, the European Disability Forum (EDF), AGE Platform Europe (AGE), Trans Europe and Central Asia (TGEU).

LGBTQIA+ and travel

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  1. I saw these amazing images and words
    Anita

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