Revendications

 

Equality & non-discrimination

  • Constitution (sexual orientation): The Constitution contains an anti-discrimination article which explicitly includes sexual orientation in the list of prohibited grounds of discrimination.
  • Conversion therapy ban (sexual orientation) covers legislation and policies prohibiting reparative or conversion therapy which is based upon the assumption that homosexuality/bisexuality per se is a mental disorder or based upon the a priori assumption that a patient should change their sexual orientation.
  • Constitution (gender identity): The Constitution contains an anti-discrimination article which explicitly includes gender identity in the list of prohibited grounds of discrimination. Equivalent ground e.g. sexual identity, gender reassignment, etc accepted too.
  • Conversion therapy ban (gender identity) covers legislation and policies prohibiting reparative or conversion therapy which is based upon the assumption that trans identities are per se a mental disorder and can be changed.
  • Law (gender expression) covers anti-discrimination legislation which expressly includes gender expression.
  • Constitution (sex characteristics): The Constitution contains an anti-discrimination article which explicitly includes sex characteristics in the list of prohibited grounds of discrimination.
  • Employment (sex characteristics) covers employment anti-discrimination legislation. Only express mention of sex characteristics should be counted.
  • Goods & services (sex characteristics) covers goods and services anti-discrimination legislation. Only express mention of sex characteristics only should be counted.
  • Education (sex characteristics) covers legislation prohibiting discrimination in the field of education. Only express mention of sex characteristics only should be counted.
  • Health (sex characteristics) covers legislation prohibiting discrimination in the field of health. Only express mention of sex characteristics only should be counted.
  • Equality body mandate (sex characteristics) covers when a national human rights institution / equality body is explicitly mandated to work on sex characteristics in its law/founding documents, and where the national human rights institution / equality body is systematically working on issues covering sex characteristics.
  • Blood donation covers when there is no full legislative or administrative ban on donating blood or on any kind of bodily tissues for LGBTI people based on their sexual orientation or gender identity. Any deferral periods need to be reasonable and justified. This also includes when health authorities and practitioners make sure that:
    • Decisions on time restrictions are taken on individual basis and based on risks assessments related to sexual behaviours of candidates, not on their sexual orientation or gender identity.
    • The sexual history of candidates to blood/tissue donations are treated in a non-judgmental manner.
    • All relevant documents are exempt from use of discriminatory formulations towards men who have sex with men and trans people.

Family

  • Registered partnership (limited rights)* covers when same-sex couples can enter a registered partnership/civil partnership, but where the level of rights is different to, and is significantly weaker than the rights offered by marriage.
  • Cohabitation covers when same-sex couples are included in legislation or legal measures on cohabitation.
  • Automatic co-parent recognition covers when children born to couples (regardless the partners’ sexual orientation and/or gender identity) are not facing any barriers in order to be recognised legally from birth to their parents.
  • Recognition of trans parenthood covers when:
    • Parent’s legal gender identity is recognized in the documentation of kinship (e.g. birth certificate of child respects name, gender marker, gendered denomination “mother”/ “father” (where applicable) according to the parent’s recognised gender identity)
    • Regulations regarding recognition of parenthood is aligned with available gender options where more than 2 gender markers are available, e.g. “mother” and “father” are not the only available options; all parents are recorded as “parent” etc.

Hate crime & hate speech

  • Hate crime law (intersex) covers when bias based on the victim’s (perceived) sex characteristics or intersex status is expressly included in hate crime legislation as an aggravating factor.
  • Policy tackling hate crime and hate speech (intersex) covers when sex characteristics or intersex status is included in a national strategy tackling hatred. This only refers to actions based on a recurrent and continuing framework by state actors (ad hoc measures do not count).

Legal gender recognition & bodily integrity

  • Constitution (sexual orientation): The Constitution contains an anti-discrimination article which explicitly includes sexual orientation in the list of prohibited grounds of discrimination.
  • Conversion therapy ban (sexual orientation) covers legislation and policies prohibiting reparative or conversion therapy which is based upon the assumption that homosexuality/bisexuality per se is a mental disorder or based upon the a priori assumption that a patient should change their sexual orientation.
  • Constitution (gender identity): The Constitution contains an anti-discrimination article which explicitly includes gender identity in the list of prohibited grounds of discrimination. Equivalent ground e.g. sexual identity, gender reassignment, etc accepted too.
  • Conversion therapy ban (gender identity) covers legislation and policies prohibiting reparative or conversion therapy which is based upon the assumption that trans identities are per se a mental disorder and can be changed.
  • Law (gender expression) covers anti-discrimination legislation which expressly includes gender expression.
  • Constitution (sex characteristics): The Constitution contains an anti-discrimination article which explicitly includes sex characteristics in the list of prohibited grounds of discrimination.
  • Employment (sex characteristics) covers employment anti-discrimination legislation. Only express mention of sex characteristics should be counted.
  • Goods & services (sex characteristics) covers goods and services anti-discrimination legislation. Only express mention of sex characteristics only should be counted.
  • Education (sex characteristics) covers legislation prohibiting discrimination in the field of education. Only express mention of sex characteristics only should be counted.
  • Health (sex characteristics) covers legislation prohibiting discrimination in the field of health. Only express mention of sex characteristics only should be counted.
  • Equality body mandate (sex characteristics) covers when a national human rights institution / equality body is explicitly mandated to work on sex characteristics in its law/founding documents, and where the national human rights institution / equality body is systematically working on issues covering sex characteristics.
  • Blood donation covers when there is no full legislative or administrative ban on donating blood or on any kind of bodily tissues for LGBTI people based on their sexual orientation or gender identity. Any deferral periods need to be reasonable and justified. This also includes when health authorities and practitioners make sure that:
    • Decisions on time restrictions are taken on individual basis and based on risks assessments related to sexual behaviours of candidates, not on their sexual orientation or gender identity.
    • The sexual history of candidates to blood/tissue donations are treated in a non-judgmental manner.
    • All relevant documents are exempt from use of discriminatory formulations towards men who have sex with men and trans people.

Asylum

  • Policy/other positive measures (sexual orientation) covers when sexual orientation is expressly included in policy/instructions/other positive measures. This only refers to actions based on a recurrent and continuing framework by state actors (ad hoc measures do not count).
  • Law (intersex) covers when intersex status or sex characteristics is expressly included in law as a qualification criterion.
  • Policy /other positive measures (intersex) covers when intersex status or sex characteristics is expressly included in policy/instructions/other positive measures. This only refers to actions based on a recurrent and continuing framework by state actors (ad hoc measures do not count).

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