National LGBTIQ Equality Plan. Needs and Guidelines.
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
NACIONALINIS<br />
N A T I O N A L<br />
<strong>LGBTIQ</strong><br />
EQUALITY LYGIATEISIŠKUMO PLAN<br />
PLANAS<br />
NEEDS AND<br />
GUIDELINES<br />
FRIEDRICH<br />
59<br />
EBERT<br />
STIFTUNG
N A T I O N A L<br />
<strong>LGBTIQ</strong><br />
EQUALITY PLAN<br />
NEEDS AND<br />
GUIDELINES<br />
60 61
<strong>National</strong> <strong>LGBTIQ</strong> <strong>Equality</strong> <strong>Plan</strong>. <strong>Needs</strong> <strong>and</strong> <strong>Guidelines</strong>.<br />
This publication was produced in partnership with<br />
the Friedrich Ebert Foundation (Friedrich Ebert Stiftung, FES) <strong>and</strong><br />
is part of the project “LGBTI <strong>Equality</strong> – A Shared Responsibility”.<br />
This publication commemorates the thirtieth anniversary of the beginning<br />
of the open <strong>LGBTIQ</strong> rights movement in Lithuania <strong>and</strong> the Lithuanian Gay<br />
League.<br />
Compiled by<br />
Monika Antanaitytė, Eduardas Platovas, Vladimir Simonko<br />
Reviewed <strong>and</strong> contributed by<br />
Vytautas Valentinavičius<br />
Edited by<br />
Eglė Kuktoraitė<br />
Photo courtesy:<br />
Saulius Žiūra, Augustas Didžgalvis<br />
The statements <strong>and</strong> conclusions are the sole responsibility<br />
of the authors of this publication.<br />
CONTENTS<br />
1. <strong>Equality</strong> for <strong>LGBTIQ</strong> persons <strong>and</strong> the implementation<br />
of the principle of non-discrimination 6<br />
2. A brief overview of the <strong>LGBTIQ</strong> <strong>and</strong> human rights<br />
situation in Lithuania 14<br />
3. Highlights of the history of the <strong>LGBTIQ</strong> community<br />
in Lithuania: Significant events since the restoration of<br />
Lithuanian independence 22<br />
4. <strong>LGBTIQ</strong> rights issues in the context of the strategic<br />
planning of human rights in the Republic of Lithuania 28<br />
5. Recommendations (guidelines) for a <strong>National</strong> <strong>Plan</strong><br />
on <strong>LGBTIQ</strong> Rights in Lithuania 38<br />
5.1. Legal recognition <strong>and</strong> strengthening the legal framework 39<br />
5.2. <strong>LGBTIQ</strong> inclusion 41<br />
5.3. Security 42<br />
5.4. Health 44<br />
5.5. International relations 46<br />
6. Conclusions 50<br />
Print run: 50 copies<br />
ISBN 978-609-420-798-3<br />
© Lithuanian Gay League, 2023<br />
2 3
4 5
1<br />
EQUALITY FOR <strong>LGBTIQ</strong> PERSONS AND<br />
THE IMPLEMENTATION OF THE PRINCIPLE<br />
OF NON-DISCRIMINATION<br />
The realisation of the right to non-discrimination <strong>and</strong> the development<br />
of human rights, in general, are achieved through social <strong>and</strong> political processes,<br />
1 which include:<br />
Social awareness: human rights progress often begins with increased<br />
public awareness of inequality <strong>and</strong> discrimination;<br />
Legislative <strong>and</strong> policy developments: legislative <strong>and</strong> policy developments<br />
can help to institutionalise the right to non-discrimination <strong>and</strong><br />
provide legal protection against discrimination in all its forms. Judicial processes<br />
can make significant improvements to the human rights situation<br />
through l<strong>and</strong>mark decisions <strong>and</strong> legal precedents. Courts can interpret laws<br />
in ways that extend or strengthen the protection of rights;<br />
International influence <strong>and</strong> treaties: countries frequently ratify international<br />
treaties <strong>and</strong> amend their legislation to align with international<br />
st<strong>and</strong>ards, resulting in advancements in the protection of human rights;<br />
Education <strong>and</strong> training: education <strong>and</strong> training are crucial for ensuring<br />
the long-term sustainability of human rights progress. Long-term change<br />
often requires a shift in cultural attitudes <strong>and</strong> beliefs;<br />
Civic movement <strong>and</strong> community participation: communities <strong>and</strong><br />
civic movements often become the forefront of change;<br />
Monitoring <strong>and</strong> accountability: regular monitoring <strong>and</strong> accountability<br />
mechanisms ensure the protection, promotion, <strong>and</strong> progression of rights.<br />
<strong>Equality</strong> for <strong>LGBTIQ</strong> individuals must be ensured at various levels, including<br />
international, regional, <strong>and</strong> national, through legally binding <strong>and</strong> non-legally<br />
binding human rights instruments.<br />
Regarding the protection of human rights at the international level, the Office<br />
of the United Nations High Commissioner for Human Rights stresses<br />
that the protection of LGBTI persons from violence <strong>and</strong> discrimination does<br />
not require new legislation or st<strong>and</strong>ards in the field of human rights. States<br />
have a legal obligation to ensure the protection of LGBTI persons, which<br />
is based on the Universal Declaration of Human Rights <strong>and</strong> other international<br />
human rights treaties. The main obligations of States in relation to<br />
the protection of the human rights of LGBTI persons include obligations to:<br />
protect individuals from homophobic <strong>and</strong> transphobic violence; prevent<br />
torture <strong>and</strong> cruel, inhuman, <strong>and</strong> degrading treatment; abolish laws criminalizing<br />
same-sex relationships <strong>and</strong> transgender people; prohibit discrimination<br />
based on sexual orientation <strong>and</strong> gender identity; <strong>and</strong> ensure freedom<br />
of expression, association, <strong>and</strong> peaceful assembly for LGBTI persons. 2<br />
The Constitutional Court of the Republic of Lithuania has emphasised that<br />
the constitutional order of the Republic of Lithuania is based on the priority<br />
1 Donnelly, J. (2013). Universal Human Rights in Theory <strong>and</strong> Practice (NED-New edition, 3).<br />
Cornell University Press.<br />
2 United Nations Office of the High Commissioner for Human Rights. (2019) 12 . Sexual<br />
orientation, gender identity <strong>and</strong> sex characteristics in international human rights law: Born<br />
free <strong>and</strong> equal (2nd ed.). https://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf<br />
1. EQUALITY FOR <strong>LGBTIQ</strong> PERSONS AND THE IMPLEMENTATION<br />
1. EQUALITY FOR <strong>LGBTIQ</strong> PERSONS AND THE IMPLEMENTATION OF<br />
6 OF THE PRINCIPLE OF NON-DISCRIMINATION<br />
THE PRINCIPLE OF NON-DISCRIMINATION<br />
7
of the rights <strong>and</strong> freedoms of the human being <strong>and</strong> the citizen as the highest<br />
value. 3<br />
Discrimination against <strong>LGBTIQ</strong> persons is incompatible with the principle<br />
of equality of persons enshrined in Article 29 of the Constitution of the Republic<br />
of Lithuania. Although this article does not directly include sexual<br />
orientation or gender identity among the protected grounds, it is also important<br />
to note the jurisprudence of the Constitutional Court, the only institution<br />
that has the discretion to interpret <strong>and</strong> clarify the content of constitutional<br />
norms: “There is no exhaustive list of human rights <strong>and</strong> freedoms in<br />
the Constitution”. This is confirmed by Article 18 of the Constitution, which<br />
states that “human rights <strong>and</strong> freedoms are inherent”. “No law can establish<br />
an exhaustive list of natural rights <strong>and</strong> freedoms.” 4<br />
The Constitutional Court has emphasised that Lithuania’s foreign policy is<br />
guided by the generally recognised principles <strong>and</strong> norms of international<br />
law. It seeks to ensure the country’s security, independence, <strong>and</strong> the<br />
well-being of its citizens, as well as their fundamental rights <strong>and</strong> freedoms.<br />
Additionally, it contributes to the development of an international order<br />
based on law <strong>and</strong> justice. 5<br />
Article 138(3) of the Constitution states that international treaties ratified<br />
by the Seimas are an integral part of the legal system of the Republic of<br />
Lithuania. The Constitutional Court has explained that this provision means<br />
that international treaties ratified by the Seimas acquire the force of law. 6<br />
The Court has stated that the provision cannot be interpreted in a way that<br />
allows the Republic of Lithuania to be non-compliant with its international<br />
3 Constitutional Court ruling of 23 November 1999 (reiterated in ruling of 13 December<br />
2004).<br />
4 Opinion of the Constitutional Court of 24 January 1995<br />
5 Spruogis, E. (2023). Lithuania’s international commitments. In Universal Lithuanian<br />
Encyclopedia, available at https://www.vle.lt/straipsnis/lietuvos-tarptautiniai-isipareigojimai/<br />
6 Order of 17 October 1995, Judgment of 25 April 2002, Order of 5 September 2012;<br />
Judgment of 4 November 2014<br />
treaties if its laws or constitutional laws provide for a different legal regime<br />
than that laid down in the international treaties. 7<br />
Article 14 of the European Convention on Human Rights also contains a<br />
general prohibition of discrimination. Article 21 of the EU Charter of Fundamental<br />
Rights explicitly prohibits discrimination based on sexual orientation.<br />
By ratifying the International Covenant on Economic, Social, <strong>and</strong> Cultural<br />
Rights (ICESCR) <strong>and</strong> the International Covenant on Civil <strong>and</strong> Political<br />
Rights (ICCPR), Lithuania has made the human rights provisions enshrined<br />
in them legally binding. These covenants implicitly prohibit discrimination<br />
on the grounds of sexual orientation or gender identity, establishing<br />
a non-exhaustive list of protected grounds (Art. Article 2(1) ICCPR, Article<br />
2(2) ICCPR). The Universal Declaration of Human Rights (Article 2) <strong>and</strong> the<br />
Convention on the Rights of the Child (Article 2) also enshrine the principle<br />
of non-discrimination. The UN Committee on Economic, Social <strong>and</strong> Cultural<br />
Rights, whose m<strong>and</strong>ate includes the interpretation of the ICESCR, has specifically<br />
stated in its General Comments 20, 22, <strong>and</strong> 23 that sexual orientation<br />
<strong>and</strong> gender identity are included among the prohibited discrimination<br />
grounds. Human rights are inalienable, indivisible, <strong>and</strong> universal.<br />
In 2007, experts in human rights from different countries developed the Yogyakarta<br />
Principles. These principles interpret existing international human<br />
rights treaties to secure the rights of <strong>LGBTIQ</strong> people. Ten years later, the Yogyakarta<br />
Principles were updated to include the rights of transgender <strong>and</strong> intersex<br />
people (Yogyakarta Principles plus 10). Although not legally binding,<br />
the principles aid in the interpretation of binding human rights st<strong>and</strong>ards.<br />
On 12 November 2020, the European Commission adopted the <strong>LGBTIQ</strong><br />
<strong>Equality</strong> Strategy 8 , which aims to improve the protection of <strong>LGBTIQ</strong> people<br />
7 Decisions of the Constitutional Court of 14 March 2006, 5 September 2012, quoted<br />
from Limantė, A. (2015). The conclusion of international treaties <strong>and</strong> other international<br />
agreements in Lithuanian <strong>and</strong> foreign law: in search of best practice. Legal Problems,<br />
3(89), 33-64<br />
8 Communication from the European Commission to the European Parliament, the<br />
Council, the European Economic <strong>and</strong> Social Committee <strong>and</strong> the Committee of the Regions,<br />
Brussels, 12 November 2020 COM(2020) 698 final<br />
1. EQUALITY FOR <strong>LGBTIQ</strong> PERSONS AND THE IMPLEMENTATION<br />
1. EQUALITY FOR <strong>LGBTIQ</strong> PERSONS AND THE IMPLEMENTATION OF<br />
8 OF THE PRINCIPLE OF NON-DISCRIMINATION<br />
THE PRINCIPLE OF NON-DISCRIMINATION<br />
9
from discrimination. The Strategy forms the basis for the Commission’s<br />
work in this area in the period 2020–2025. It will be complemented by measures<br />
to promote <strong>LGBTIQ</strong> equality in areas where EU Member States have<br />
competence. The primary responsibility for implementing these provisions,<br />
<strong>and</strong> thus for guaranteeing, protecting, <strong>and</strong> enforcing human rights on their<br />
territory, lies with the individual States, which are called upon, among other<br />
things, to adopt national action plans for <strong>LGBTIQ</strong> equality.<br />
The purpose of this publication is to provide guidance to decision-makers in<br />
Lithuania on formulating a coherent human rights policy <strong>and</strong> achieving sustainable<br />
qualitative change in the field of <strong>LGBTIQ</strong> human rights. The text<br />
aims to reflect the main expectations for a document of this kind.<br />
1. EQUALITY FOR <strong>LGBTIQ</strong> PERSONS AND THE IMPLEMENTATION<br />
10 OF THE PRINCIPLE OF NON-DISCRIMINATION<br />
11
12 13
2<br />
A BRIEF OVERVIEW OF THE <strong>LGBTIQ</strong> AND<br />
HUMAN RIGHTS SITUATION IN LITHUANIA<br />
According to the World Rule of Law Project’s index 9 , which is used by the Organisation<br />
for Economic Co-operation <strong>and</strong> Development (OECD), Lithua nia<br />
is ranked 18 out of 140 positions in 2022. Lithuania’s index increased by 1.7%<br />
over the year, but the overall global index fell by 61%. The rise of anti-human<br />
rights, <strong>and</strong> anti-democratic narratives in the region before <strong>and</strong> during<br />
the p<strong>and</strong>emic, as well as Russia’s launch of a war against Ukraine, has led to<br />
an increased need to consolidate inter-sectoral cooperation <strong>and</strong> strengthen<br />
the implementation of the rule of law <strong>and</strong> human rights principles.<br />
It should be noted that in international rankings of human rights monitoring,<br />
Lithuania is ranked below the European Union average. In the EU<br />
<strong>Equality</strong> Index 10 Lithuania scored 64.1 out of 100 possible points in 2023,<br />
6 points below the EU average. International human rights monitoring<br />
mechanisms repeatedly issue recommendations to Lithuania, including<br />
recommendation to protect <strong>LGBTIQ</strong> persons in Lithuania.<br />
In the 2023 <strong>LGBTIQ</strong> <strong>Equality</strong> Index by the international <strong>LGBTIQ</strong> rights organisation<br />
ILGA-Europe, 11 Lithuania scored 24% ranking 23rd out of 27 EU countries<br />
(among EU countries, only Latvia, Bulgaria, Romania <strong>and</strong> Pol<strong>and</strong> had lower<br />
scores). The lowest compliance with ILGA-Europe’s <strong>LGBTIQ</strong> equality st<strong>and</strong>ards<br />
9 WJP Rule of Law Index | Lithuania Insights (worldjusticeproject.org)<br />
10 https://eige.europa.eu/gender-equality-index/2023/LT<br />
11 https://rainbow-europe.org/country-ranking<br />
is in the areas of protection of family relations (0%), intersex persons’ right to<br />
physical integrity (0%), <strong>and</strong> the right to asylum (17%).<br />
Meanwhile, in the most recent (2023) Transgender Rights Map, 12 compiled<br />
by the international transgender rights organisation Transgender Europe,<br />
Lithuania meets 4 out of 30 indicators (among the EU Member States, only<br />
Latvia <strong>and</strong> Romania meet fewer indicators).<br />
According to the EU Fundamental Rights Agency’s <strong>LGBTIQ</strong> Survey (2020) 13 ,<br />
the inclusion of <strong>LGBTIQ</strong> people in Lithuania falls behind the European<br />
Union average in many areas. These include:<br />
• 73% of Lithuanians avoid holding h<strong>and</strong>s often or always with a<br />
same-sex partner, compared with an EU average of 61%.<br />
• 41% of Lithuanians often or always avoid certain places for fear of<br />
being attacked. The EU average was 33%.<br />
• 16% of respondents in Lithuania are often or always open about being<br />
<strong>LGBTIQ</strong>, compared to an average of 47% in the EU Member States.<br />
• In 2019, 55% of respondents in Lithuania felt discriminated against<br />
in at least one area of their lives in the year before the survey. In<br />
the EU Member States, the figure was 42%.<br />
• 1 in 5 transgender <strong>and</strong> intersex people had been physically or sexually<br />
assaulted in the five years before the survey, twice as often as<br />
other groups in the <strong>LGBTIQ</strong> community.<br />
• Only 8% of respondents reported discrimination to an equality body<br />
or other organisation in Lithuania, compared to an EU average of 11%.<br />
Various international <strong>and</strong> national reports have identified persistent issues<br />
with LGBTI rights in the country that require political <strong>and</strong> legislative<br />
solutions:<br />
12 https://transrightsmap.tgeu.org/home/<br />
13 FRA LGBTI Survey Data Explorer: https://fra.europa.eu/en/data-<strong>and</strong>-maps/2020/lgbti-survey-data-explorer#<br />
2. A BRIEF OVERVIEW OF THE <strong>LGBTIQ</strong> AND HUMAN<br />
2. A BRIEF OVERVIEW OF THE <strong>LGBTIQ</strong> AND HUMAN<br />
14 RIGHTS SITUATION IN LITHUANIA<br />
RIGHTS SITUATION IN LITHUANIA<br />
15
• Gender identity <strong>and</strong> (or) gender expression is not explicitly included<br />
among the protected grounds at the legislative level. 14<br />
• In Lithuania, there is no possibility for same-sex couples to marry <strong>and</strong><br />
(or) enter into a civil partnership (civil union), while married transgender<br />
individuals must obtain a divorce to change their gender indicators<br />
in their civil status documents through judicial procedure. 15<br />
• Same-sex marriages concluded abroad are not registered in Lithuanian<br />
civil registry offices. The same-sex spouse of a Lithuanian<br />
citizen is only granted a residence permit in Lithuania under the<br />
EU Movement Directive.<br />
• There are still legal barriers to transgender people’s access to<br />
certain occupations <strong>and</strong> (or) positions: for example, the Code of<br />
Health Requirements 16 places the code F64.0 (“transsexualism”)<br />
between codes F60-F69, indicating that medical conditions within<br />
these codes imply a possible unsuitability for a particular job or<br />
position, <strong>and</strong> it needs to be assessed on an individual basis. Code<br />
F64.0 is not listed separately, but it is mentioned in other pieces of<br />
legislation, namely the Criteria <strong>and</strong> Methodology for the Assessment<br />
of Fitness for Military Service, Rifleman’s Combat Squad, or<br />
Intelligence Officer’s Service on the Basis of Medical Condition. 17<br />
• There is currently no legislation in place that enables transgender<br />
individuals to exercise their right to gender recognition through<br />
a quick, transparent, accessible, <strong>and</strong> non-discriminatory administrative<br />
procedure. 18<br />
14 Leonaitė, E., Valentinavičius, V., Osičnaitė, F. V., Jurevičiūtė, G., Balčiūnaitė, M., Bylaitė,<br />
G. (2023). 2022 Human Rights Monitoring Report. Seimas Ombudspersons’ Office.<br />
15 Article 2.27 of the Civil Code of the Republic of Lithuania.<br />
16 Point 5 of the Code of Health Requirements, approved by Order No 1V-380/V-618 of<br />
the Minister of Health of the Republic of Lithuania <strong>and</strong> the Minister of the Interior of the<br />
Republic of Lithuania of 21 October 2003<br />
17 Criteria for suitability for military, rifleman’s combat squad or intelligence officer’s<br />
service on the basis of medical condition, approved by the Order of the Minister of <strong>National</strong><br />
Defence of the Republic of Lithuania No V-449 of 3 June 2020<br />
18 Leonaitė, E., Valentinavičius, V., Osičnaitė, F. V., Jurevičiūtė, G., Balčiūnaitė, M., & Bylai-<br />
• Hate crimes based on multiple characteristics (such as the victim’s<br />
sexual orientation <strong>and</strong> ethnicity) are not recorded as such in the<br />
register of criminal offences.<br />
• The “anti-gay propag<strong>and</strong>a” provision has not been repealed 19 . Article<br />
4(2)(16) of the Law on the Protection of Minors against the<br />
Detrimental Effects of Public Information, has been used on several<br />
occasions since 2010 to disproportionately restrict or censor<br />
<strong>LGBTIQ</strong>-related information, including the Baltic Pride social advertisement<br />
on national television. 20<br />
• The healthcare 21 <strong>and</strong> personal name change 22 measures for transgender<br />
individuals at the sub-statutory level are inadequate.<br />
These measures are based on the outdated diagnosis of “transsexualism”<br />
<strong>and</strong> are only accessible to adults. Minors are not able<br />
to access these measures, even with parental consent. 23<br />
• Article 3(4) of the Law on Strengthening the Family of the Republic<br />
of Lithuania establishes the principle of “complementarity of<br />
fatherhood <strong>and</strong> motherhood” 24 . It states that “when providing<br />
support <strong>and</strong> assistance to the family, the child’s natural need to<br />
have a father (adoptive father) <strong>and</strong> a mother (adoptive mother)<br />
must be taken into account”. This promotes a “traditional” family<br />
model at the state level <strong>and</strong> may indirectly create negative attitudes<br />
towards “non-traditional” family structures.<br />
tė, G. (2023). 2022 human rights monitoring report. Seimas Ombudspersons’ Office, p. 27.<br />
19 Pankūnas, G. (7 November 2023). The Seimas has rejected a proposal to scrap a provision<br />
prohibiting minors from talking about homosexual relationships. Delfi.lt<br />
20 https://www.lgl.lt/naujienos/nepilnameciu-apsauga-ar-lgbt-turinio-cenzura/<br />
21 Order of the Minister of Health of the Republic of Lithuania on the approval of the<br />
description of the procedure for the diagnosis <strong>and</strong> treatment of gender identity disorder<br />
(transsexualism), 4 August 2022. No V-1307<br />
22 Order of the Minister of Justice of the Republic of Lithuania “On Approval of the Rules<br />
for Changing a Person’s Name <strong>and</strong> Surname“, 28 December 2016, No. 29704, point 4<br />
23 Ibid, p. 27.<br />
24 Law on Strengthening Education, TAR, 06-11-2017, No 17495<br />
2. A BRIEF OVERVIEW OF THE <strong>LGBTIQ</strong> AND HUMAN<br />
2. A BRIEF OVERVIEW OF THE <strong>LGBTIQ</strong> AND HUMAN<br />
16 RIGHTS SITUATION IN LITHUANIA<br />
RIGHTS SITUATION IN LITHUANIA<br />
17
At the same time, it is important to note that certain religious communities<br />
hold significant influence in the country, particularly those affiliated with<br />
the Roman Catholic Church, <strong>and</strong> they actively resist efforts to enhance the<br />
protection of <strong>LGBTIQ</strong> rights. For example, on 9 March 2021, representatives<br />
of six traditional Christian communities issued an appeal calling for<br />
the non-ratification of the Istanbul Convention <strong>and</strong> for the denial of family<br />
status to forms of cohabitation that are not based on gender or the principle<br />
of complementarity of paternity <strong>and</strong> maternity mentioned above. 25<br />
Politicians can also influence the discourse surrounding <strong>LGBTIQ</strong> rights.<br />
During a meeting of the Committee on Human Rights of the Seimas of the<br />
Republic of Lithuania in 2021, Andrius Navickas, a member of the Human<br />
Rights Committee of the Seimas of the Republic of Lithuania, referred to<br />
the national LGBT rights organisation LGL as “fundamentalists”. 26 Additionally,<br />
Petras Gražulis <strong>and</strong> several other members of the Seimas are known<br />
for making constant homophobic statements. In September 2023, a lawful<br />
protest by LGL was disrupted by an organized group of hostile individuals,<br />
including parliamentarian Gražulis. The law enforcement authorities failed<br />
to respond appropriately to the potential risks. 27<br />
The social <strong>and</strong> political climate for the protection <strong>and</strong> promotion of <strong>LGBTIQ</strong><br />
rights remains challenging due to emerging negative trends. The existing<br />
legal framework in Lithuania is not sufficient to ensure the protection of<br />
transgender people from discrimination on the grounds of gender identity<br />
<strong>and</strong> (or) gender expression, <strong>and</strong> Lithuania has high discrimination rates in<br />
the EU context. This implies the need to integrate measures to strengthen<br />
<strong>LGBTIQ</strong> rights (legal, social, educational, awareness-raising, etc.) into the<br />
objectives of the state strategic planning documents.<br />
25 Lithuanian Bishops’ Conference. Appeal of Traditional Christian Communities of Lithuania,<br />
9 March 2021, https://lvk.lcn.lt/naujienos/,453<br />
26 https://www.ilga-europe.org/files/uploads/2022/04/annual-review-2022.pdf<br />
27 https://www.lrt.lt/naujienos/lietuvoje/2/2089921/pozela-ivertino-pareigunu-veiksmus-lgbt-proteste-galejome-padaryti-geriau<br />
2. A BRIEF OVERVIEW OF THE <strong>LGBTIQ</strong> AND HUMAN<br />
18 RIGHTS SITUATION IN LITHUANIA<br />
19
20 21
1993<br />
3<br />
HIGHLIGHTS OF THE HISTORY OF THE<br />
<strong>LGBTIQ</strong> COMMUNITY IN LITHUANIA:<br />
SIGNIFICANT EVENTS SINCE THE<br />
RESTORATION OF LITHUANIAN<br />
INDEPENDENCE<br />
Abolition of criminal liability for male sexual relations. Origins of the open<br />
<strong>LGBTIQ</strong> rights movement in Lithuania.<br />
1994<br />
The first-ever international <strong>LGBTIQ</strong> rights event in Lithuania was the Eastern<br />
European Regional Conference of the international <strong>LGBTIQ</strong> rights organisation<br />
“ILGA”, which took place in Palanga.<br />
1995<br />
Same-sex couples’ first public coming out stories in Lithuanian newspaper<br />
“Lietuvos Rytas”.<br />
2004<br />
Harmonisation of the minimum age of consent.<br />
2005<br />
The Law on Equal Opportunities prohibits discrimination based on sexual<br />
orientation not only in the labour market but also in goods, services, <strong>and</strong><br />
education.<br />
2007<br />
The first ILGA-Europe conference in Lithuania, organised by the international<br />
<strong>LGBTIQ</strong> rights organisation “ILGA-Europe” in cooperation with LGL,<br />
took place in Vilnius.<br />
The first-ever Rainbow Days <strong>LGBTIQ</strong> cultural festival is held to mark the<br />
International Day against Homophobia, Biphobia, <strong>and</strong> Transphobia.<br />
As part of the EQUAL project “Open <strong>and</strong> Safe at Work”, LGL planned to<br />
launch a publicity campaign in May 2007. The slogans “A lesbian can work<br />
in a school” <strong>and</strong> “A gay man can work as a policeman” were to be displayed<br />
on trolleybuses in Vilnius <strong>and</strong> Kaunas. The initiative failed due to opposition<br />
from the municipalities of both cities, as well as from drivers <strong>and</strong> the company<br />
that runs the buses. No legal arguments were provided to justify the<br />
refusal to provide the advertising service.<br />
2009<br />
Criminal liability is established for hate crimes committed based on sexual<br />
orientation.<br />
2010<br />
Around 350 people took part in the first Baltic Pride march in Vilnius,<br />
Lithuania.<br />
The Law on the Protection of Minors against the Detrimental Effects of<br />
Public Information entered into force <strong>and</strong> has since been used repeatedly<br />
to disproportionately censor or restrict <strong>LGBTIQ</strong>-related public information.<br />
3. HIGHLIGHTS OF THE HISTORY OF THE <strong>LGBTIQ</strong> COMMUNITY IN LITHUANIA:<br />
3. HIGHLIGHTS OF THE HISTORY OF THE <strong>LGBTIQ</strong> COMMUNITY IN LITHUANIA:<br />
22 SIGNIFICANT EVENTS SINCE THE RESTORATION OF LITHUANIAN INDEPENDENCE<br />
SIGNIFICANT EVENTS SINCE THE RESTORATION OF LITHUANIAN INDEPENDENCE 23
2013<br />
LGL successfully litigated against the Vilnius City Municipality over the possibility<br />
of holding a second Baltic Pride march in the centre of Vilnius, <strong>and</strong><br />
progressive national case law is being developed for future similar cases.<br />
2014<br />
Neringa Dangvydė’s fairy tale book “Amber Heart”, which tells the stories<br />
of characters from various underrepresented groups, including LGBTI, was<br />
removed from bookstores.<br />
2016<br />
The third Baltic Pride march takes place in Vilnius.<br />
2015<br />
LGL’s strategic litigation has led to the development of national case law on<br />
legal recognition (reassignment) of gender.<br />
2019<br />
The ruling of the Constitutional Court of the Republic of Lithuania recognised<br />
the right of the same-sex spouse or partner of a Lithuanian citizen to<br />
obtain a residence permit in Lithuania on the basis of family reunification. It<br />
also stated that the constitutional concept of family is gender-neutral, <strong>and</strong><br />
that Article 29 of the Constitution prohibits discrimination on the grounds<br />
of sexual orientation <strong>and</strong> (or) gender identity.<br />
Baltic Pride attracted 10,000 participants under the slogan “We are a family”.<br />
2020<br />
The European Court of Human Rights issued a judgment in the case of<br />
Beizaras <strong>and</strong> Levickas v. Lithuania, in which the applicants were represented<br />
by LGL. As a result of the judgment, pre-trial investigations of hate crimes<br />
against <strong>LGBTIQ</strong> persons have been initiated or reopened.<br />
2021<br />
The first Kaunas Pride march, organised by the May 1st Labour Union, was<br />
attended by approximately 2000 individuals. The event was heavily policed,<br />
with the city’s main street cordoned off by fences. During the event, 22 individuals<br />
were arrested for violating public order or inciting hatred.<br />
2022<br />
Vilnius hosted the fifth Baltic Pride festival, organised by LGL in cooperation<br />
with the municipalities of Vilnius <strong>and</strong> Oslo. The largest ever private<br />
<strong>and</strong> public sector support was consolidated, <strong>and</strong> around 15,000 people took<br />
part in the march.<br />
Private sector companies committed to diversity <strong>and</strong> inclusion supported<br />
the adoption of the Partnership Law.<br />
2023<br />
Three same-sex families went to court to defend their right to a family <strong>and</strong><br />
to register their marriage for the first time in Lithuania.<br />
Following the ruling in Macatė v Lithuania, the Ministry of Justice of the Republic<br />
of Lithuania attempted to repeal a provision of the Law on the Protection<br />
of Minors against the Detrimental Effects of Public Information that<br />
discriminates against <strong>LGBTIQ</strong> persons, but the initiative did not receive<br />
support in the Seimas.<br />
3. HIGHLIGHTS OF THE HISTORY OF THE <strong>LGBTIQ</strong> COMMUNITY IN LITHUANIA:<br />
3. HIGHLIGHTS OF THE HISTORY OF THE <strong>LGBTIQ</strong> COMMUNITY IN LITHUANIA:<br />
24 SIGNIFICANT EVENTS SINCE THE RESTORATION OF LITHUANIAN INDEPENDENCE<br />
SIGNIFICANT EVENTS SINCE THE RESTORATION OF LITHUANIAN INDEPENDENCE 25
26 27
4<br />
<strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF<br />
THE STRATEGIC PLANNING OF HUMAN RIGHTS<br />
IN THE REPUBLIC OF LITHUANIA<br />
Since 2002, Lithuania has institutionalised strategic planning through the<br />
approval of the Strategic <strong>Plan</strong>ning Methodology. This methodology outlines<br />
the system <strong>and</strong> principles of strategic planning, the procedure for preparing<br />
strategic planning documents (such as strategies, programmes, <strong>and</strong><br />
strategic action plans), the annual action plan, <strong>and</strong> the monitoring, evaluation,<br />
<strong>and</strong> reporting of the implementation of strategic planning documents.<br />
Strategic planning in municipalities has been carried out in accordance with<br />
the Recommendations on Strategic <strong>Plan</strong>ning in Municipalities adopted by<br />
the Government in 2014. Furthermore, the procedure for recognising projects<br />
as national importance projects, approved by the government in 2008,<br />
<strong>and</strong> the criteria for recognising regional social, economic development, <strong>and</strong><br />
infrastructure projects as regional importance projects, approved by the<br />
government in 2015, are also relevant for strategic planning.<br />
In 2020, Lithuania’s strategic planning system underwent significant changes<br />
with the adoption of the Law on Strategic Governance. This law aims to<br />
establish the principles of the strategic governance system <strong>and</strong> define the<br />
levels <strong>and</strong> types of planning documents, their interrelationships, <strong>and</strong> their<br />
impact on the allocation of funds for progress <strong>and</strong> continuing activities.<br />
It also defines the participants in the strategic governance system, their<br />
rights, <strong>and</strong> duties, <strong>and</strong> establishes provisions for the governance of the<br />
strategic governance system. In 2021, the Government adopted the Strategic<br />
Governance Methodology, which consolidated strategic planning <strong>and</strong><br />
invalidated previous planning documents adopted in Lithuania.<br />
The State Progress Strategy Lithuania 2030, defined as the main planning<br />
document that guides strategic decision-making <strong>and</strong> the development of<br />
state plans or programmes, lacks attention to the protection of human<br />
rights. The State Progress Strategy Lithuania 2030 focuses solely on citizenship<br />
as a means of respecting <strong>and</strong> protecting human rights, assuming that<br />
if “society is only a passive observer”, it will not be possible to reduce “social<br />
exclusion”, <strong>and</strong> “ensure gender equality”, among other things. 28 A draft<br />
resolution has been registered in the Seimas to approve the State Progress<br />
Strategy “Lithuania’s Vision for the Future Lithuania 2050”, recognising the<br />
State Progress Strategy Lithuania 2030 as obsolete.<br />
When commenting on the new strategic document, approved in accordance<br />
with Article 14(2) of the Law on Strategic Governance, the Seimas Ombudspersons’<br />
Office noted that none of the strategic ambitions adequately<br />
addressed human rights, which are essential elements of a democratic<br />
society, or the aim to ensure compliance with international human rights<br />
obligations <strong>and</strong> recommendations. The document lacks a clear definition<br />
in terms of the content of human rights, fails to address numerous human<br />
rights issues, or deals with them in a way that is too abstract. The Seimas<br />
Ombudspersons’ Office has also observed that there are no indicators available<br />
to assess the sustainability of democracy, the human rights situation,<br />
civil society’s trust in democratic institutions, <strong>and</strong> civil society’s participation<br />
in decision-making processes. The selection criteria for indicators were<br />
also challenged, especially with regard to the national development strategy<br />
under preparation, “Lithuania’s Vision for the Future Lithuania 2050”,<br />
<strong>and</strong> the lack of specific content <strong>and</strong> a clear link to indicators. 29<br />
28 State Progress Strategy Lithuania 2030, Valstybės žinios, 30-05-2012, No. 61-3050<br />
29 Conclusion of the Main Committee on the Draft Resolution of the Seimas “On the<br />
Approval of the State Progress Strategy “Lithuania’s Vision for the Future “Lithuania<br />
2050““, 11 December 2023, No XIVP-2937(2), available at https://e-seimas.lrs.lt/portal/<br />
legalAct/lt/TAK/daab74d097f711eea70ce7cabd08f150<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF<br />
28 OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
29
Meanwhile, the Strategic <strong>Plan</strong>ning Document - <strong>National</strong> Progress <strong>Plan</strong><br />
2021–2030, approved by the Resolution of the Government of the Republic<br />
of Lithuania No. 998 of 9 September 2020 “On the Approval of the <strong>National</strong><br />
Progress <strong>Plan</strong> 2021–2030“, 30 envisages only one goal that could be directed<br />
towards solving the problems of the <strong>LGBTIQ</strong> population, i.e. to increase<br />
the population’s social well-being <strong>and</strong> inclusiveness, to enhance health <strong>and</strong><br />
to improve the demographic situation in Lithuania. However, the measure<br />
for this objective does not cover <strong>LGBTIQ</strong> issues. Furthermore, the Government<br />
of the Republic of Lithuania approved 28 <strong>National</strong> Development Programmes<br />
to achieve the progress objectives outlined in the <strong>National</strong> Progress<br />
<strong>Plan</strong> 2021–2030. The protection of human rights, including the protection<br />
of <strong>LGBTIQ</strong> persons, is not included in any of the approved development<br />
programmes for the period of 2021–2030. Some human rights issues<br />
are covered by the Social Mobilisation Programme, 31 the Inclusive Labour<br />
Market Development Programme, 32 <strong>and</strong> the Development Programme for<br />
Strengthening Family Policy. 33 However, none of these programmes provides<br />
targeted measures to promote equality for <strong>LGBTIQ</strong> persons.<br />
The Lithuanian authorities have not yet developed or adopted a national<br />
action plan for <strong>LGBTIQ</strong> rights or a separate human rights plan to reflect the<br />
broader spectrum of human rights issues. However, in 2002, a detailed draft<br />
<strong>National</strong> Action <strong>Plan</strong> for the Promotion <strong>and</strong> Protection of Human Rights<br />
30 Government Resolution “On the Approval of the <strong>National</strong> Progress <strong>Plan</strong> 2021–2030“,<br />
TAR, 16-09-2020, No. 19293<br />
31 Government Resolution “On the Approval of the Development Programme for Social<br />
Mobilisation of the Ministry of Social Security <strong>and</strong> Labour of the Republic of Lithuania,<br />
Manager of the Development Programme for the period 2021-2030“, TAR, 12-11-2021,<br />
No 23473.<br />
32 Government Resolution “On the Approval of the Inclusive Labour Market Development<br />
Programme of the Ministry of Social Security <strong>and</strong> Labour of the Republic of Lithuania,<br />
Manager of the Development Programme for the period 2021-2030“, TAR, 12-<br />
11-2021, No 23471<br />
33 Government Resolution “On the Approval of the Development Programme for the<br />
Strengthening of the Family Policy Development Programme of the Ministry of Social<br />
Security <strong>and</strong> Labour of the Republic of Lithuania, the Manager of the Development Programme<br />
for the period 2021-2030“, TAR, 12-11-2021, No 23472.<br />
in the Republic of Lithuania was presented to the Seimas. 34 The document<br />
included specific measures, responsible institutions, <strong>and</strong> planned funding<br />
for each measure. However, it was never adopted.<br />
On 18 August 2014, the Government of the Republic of Lithuania approved<br />
(Minutes No. 44) the establishment of a plan for Business <strong>and</strong> Human<br />
Rights in the Republic of Lithuania. It included the Government’s actions<br />
<strong>and</strong> measures for the implementation of the United Nations Principles set<br />
out in the United Nations Human Rights Council Resolution No. 17/4 of 16<br />
June 2011 on “Human Rights <strong>and</strong> Transnational Corporations <strong>and</strong> Other<br />
Business Enterprises”. In 2019, Lithuania established a working group to develop<br />
a <strong>National</strong> <strong>Plan</strong> on Business <strong>and</strong> Human Rights. The plan aims<br />
to outline the State’s actions for implementing the United Nations Guiding<br />
Principles on Business <strong>and</strong> Human Rights (2011). 35 The group did not include<br />
representatives of civil society, such as organisations that advocate for LG-<br />
BTI rights. Additionally, the Principles do not offer explicit guidance on enhancing<br />
the protection of LGBTI individuals. 36 The Lithuanian Government<br />
considers this a developing public policy strategy. As the draft plan has not<br />
yet been presented to the public, it is difficult to assess the relevance of its<br />
content.<br />
Of note is the Action <strong>Plan</strong> for the Promotion of Equal Opportunities<br />
2024–2026 37 <strong>and</strong> its measures. The preamble of the <strong>Plan</strong> considers the<br />
continuing <strong>and</strong> systemic problems related to the prevalence of discrimination<br />
against <strong>LGBTIQ</strong> persons in Lithuania. However, the <strong>Plan</strong> was adopted<br />
without effective consultation with representatives of the non-governmental<br />
sector, including organisations representing <strong>LGBTIQ</strong> rights.<br />
34 Draft Resolution of the Seimas “On the Approval of the <strong>National</strong> Action <strong>Plan</strong> for the<br />
Promotion <strong>and</strong> Protection of Human Rights in the Republic of Lithuania“, 6 November<br />
2002. No IXP-2005(2SP)<br />
35 The UN Guiding principles on business <strong>and</strong> human rights, United Nations, 2011<br />
36 Order of the Minister of Foreign Affairs of the Republic of Lithuania of 20 December<br />
2019 No V-411 “On Establishment of a Working Group“<br />
37 28 July 2023 No A1-507 Order of the Minister of Social Security <strong>and</strong> Labour of the<br />
Republic of Lithuania on the Approval of the Equal Opportunities Action <strong>Plan</strong> 2024–2026<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF<br />
30 OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
31
The specific measures of the <strong>Plan</strong> are outlined below:<br />
Measure 1.2 – Funding of projects of non-governmental organisations<br />
working in the field of equal opportunities through a call<br />
for proposals. The priorities of the call for proposals organised by the<br />
Ministry of Social Security <strong>and</strong> Labour (hereafter referred to as MSSL) have<br />
remained unchanged in recent years. Although the preamble of the plan<br />
recognises <strong>LGBTIQ</strong> issues, LGBTI equality is not a priority in the funding<br />
schemes, <strong>and</strong> the rules for applicants set out in the call for proposals do<br />
not always ensure that all NGOs participating in these activities compete<br />
effectively, transparently, <strong>and</strong> on an equal basis. It is worth noting the negative<br />
practice of MSSL in organizing project calls in 2017. Taking into account<br />
the list of projects for institutional strengthening of associations of nongo<br />
vernmental organisations financed in 2017 38 <strong>and</strong> the list of projects for<br />
institutional strengthening of associations of non-governmental organisations<br />
reserved for 2017, 39 the applicant LGL, which had received the highest<br />
number of points for its project proposal, was placed on the reserve list.<br />
Following regulations, funds from the state budget were to be allocated to<br />
the projects with the highest number of points. LGL was granted funding<br />
only after undergoing a complaint procedure.<br />
It should be noted that the European Commission’s progress report<br />
on the implementation of the EU Strategy for LGBTI <strong>Equality</strong><br />
2020–2025 40 mentions that Lithuania has allocated budget funds to ci vil<br />
society projects, including those related to <strong>LGBTIQ</strong> issues, as part of its<br />
non-discrimination action plan. Furthermore, it is stated that Lithuania has<br />
planned structured funding opportunities for <strong>LGBTIQ</strong> organizations within<br />
the country. However, the report on the implementation of the Action <strong>Plan</strong><br />
38 Annex 1 to Order No A3-130 of the Chancellor of the Ministry of Social Security <strong>and</strong><br />
Labour of the Republic of Lithuania of 19 July 2017<br />
39 (The Ministry of Social Security <strong>and</strong> Labour of the Republic of Lithuania, Chancellor<br />
of the Ministry of Social Security <strong>and</strong> Labour of 19 July 2017, by Order No. A3-130,<br />
Annex 2)<br />
40 https://commission.europa.eu/system/files/2023-04/JUST_<strong>LGBTIQ</strong>%20Strategy_Progress%20Report_FINAL_WEB.pdf<br />
for the Promotion of Non-Discrimination 2021–2023 41 indicates that only<br />
one NGO project was funded, which was not submitted by an organisation<br />
explicitly representing <strong>LGBTIQ</strong> rights.<br />
Action 4.1 – Review the legal framework for equal opportunities<br />
<strong>and</strong> protection against discrimination. It should be noted that another<br />
measure of the <strong>Plan</strong> (No. 6.1) outlines certain plans for legislative initiatives<br />
of the MSAL. This includes drafting an amendment to the Law on Equal Opportunities<br />
to include discrimination based on skin colour as an additional<br />
ground. It is unclear why the initiative is limited to introducing this new protected<br />
ground. The preamble acknowledges the prevalence of discrimination<br />
against transgender people, so it would be beneficial to address this issue<br />
comprehensively. Adding gender identity <strong>and</strong> gender expression as protected<br />
grounds would improve the protection of transgender individuals against<br />
discrimination <strong>and</strong> provide them with better remedies in case of human rights<br />
violations. This could also encourage transgender individuals to seek assistance<br />
from relevant authorities more actively when their rights are violated.<br />
The Action <strong>Plan</strong> for Equal Opportunities 2024–2026, like the Action <strong>Plan</strong> for<br />
the Promotion of Non-Discrimination 2020–2023, 42 only includes quantitative<br />
expressions of the results of the plan, such as the number of events<br />
to be organised. It does not refer to any qualitative indicators of<br />
progress to be achieved. The <strong>Plan</strong> presents data indicating a very low<br />
number of projects to be funded by NGOs working in the field of equal opportunities,<br />
with only one project yearly in 2024, 2025, <strong>and</strong> 2026. This would<br />
not likely lead to significant progress in the field of equal opportunities for<br />
<strong>LGBTIQ</strong> persons.<br />
According to the Equal Opportunities Ombusperson Office, the measures<br />
of the Action <strong>Plan</strong> for the Promotion of Equal Opportunities 2024–2026 “are<br />
not comprehensive, on the contrary, they are fragmented <strong>and</strong> do not even<br />
41 Source: https://socmin.lrv.lt/uploads/socmin/documents/files/veiklos-sritys/socialineintegracija/lygios%20galimyb%C4%97s/Nediskriminavimo%20skatinimo%20VP%20<br />
2022%20ataskaita.pdf<br />
42 https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/d18f32643b2a11eb8c97e01ffe050e1c?jfwid=-<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF<br />
32 OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
33
cover many of the grounds provided for in the Equal Opportunities Law.<br />
The impression is that most of the measures in the <strong>Plan</strong> are rather low-impact<br />
<strong>and</strong> short-term.” 43 Similarly, “a fragmented set of measures is not<br />
enough for the Action <strong>Plan</strong>s to be meaningful, beneficial, <strong>and</strong> have a lasting<br />
impact. The plan coordinated by the Ministry of Social Security <strong>and</strong> Labour<br />
of the Republic of Lithuania lacks system <strong>and</strong> comprehensiveness.” 44<br />
The Head of the Seimas Ombudspersons’ Office of the Republic of Lithuania,<br />
Dr Erika Leonaitė, also commented on the Action <strong>Plan</strong> for the Promotion<br />
of Equal Opportunities 2024–2026. 45 She welcomed the change in the<br />
title of the plan from “non-discrimination action“ to “equal opportunities“,<br />
which shows respect for <strong>LGBTIQ</strong> <strong>and</strong> other vulnerable groups. Dr Leonaitė<br />
noted that the new plan includes a task to organise public education, equal<br />
opportunities activities, <strong>and</strong> initiate legislative initiatives to promote the<br />
rights of <strong>LGBTIQ</strong> persons. Additionally, the plan includes a new measure<br />
to train health professionals on the specific healthcare needs of <strong>LGBTIQ</strong><br />
persons <strong>and</strong> new measures integrating the protection of <strong>LGBTIQ</strong> persons,<br />
such as training of judges <strong>and</strong> surveying police officers on their personal<br />
attitudes towards groups affected by hate crimes. The Head of the Seimas<br />
Ombudspersons’ Office has highlighted that the new plan includes a specific<br />
task to safeguard the rights of <strong>LGBTIQ</strong> individuals. This includes the initiation<br />
of legislative measures to promote their protection. However, there<br />
are currently no measures in place to correspond with this task. The number<br />
of participants in training courses for young people, youth workers, <strong>and</strong><br />
representatives of municipal administrations on promoting non-discrimination,<br />
respect for human rights, equal opportunities, <strong>and</strong> related issues<br />
was reduced by half. The proposed measures in the plan are considered<br />
inadequate, confirming the need for a national action plan, either specific<br />
to <strong>LGBTIQ</strong> rights or a national human rights plan that includes targets for<br />
<strong>LGBTIQ</strong> equality.<br />
43 Letter from the Office of the Equal Opportunities Ombudsperson Office to the Lithuanian<br />
Gay League 2023-09-11 No (23)PAK-462)S-454<br />
44 Ibid.<br />
45 30 October 2023 Round Table Discussion at the Seimas Ombudpersons’ Office, presentation<br />
by the Head of the Office, Dr Erika Leonaitė.<br />
4. <strong>LGBTIQ</strong> RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING<br />
34 OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA<br />
35
36 37
5<br />
RECOMMENDATIONS (GUIDELINES)<br />
FOR A NATIONAL PLAN ON <strong>LGBTIQ</strong><br />
RIGHTS IN LITHUANIA<br />
Article 33 of the Lithuanian Constitution enshrines the right of all citizens<br />
to participate in the governance of their country, either directly or through<br />
democratically elected representatives, thus enshrining the principle that all<br />
people should participate in society on an equal basis. To ensure equal opportunities<br />
for <strong>LGBTIQ</strong> persons, the Lithuanian State should consolidate its responsibilities<br />
by formulating a coherent human rights policy <strong>and</strong> by developing<br />
a national human rights agenda that includes, inter alia, LGBTI issues. To<br />
promote respect for human rights <strong>and</strong> create an inclusive society, Lithuania<br />
should adopt a <strong>National</strong> Action <strong>Plan</strong> on LGBTI Rights. The <strong>National</strong> <strong>LGBTIQ</strong><br />
<strong>Equality</strong> <strong>Plan</strong> should include measures to combat hostility towards LGBTI<br />
individuals, as well as political <strong>and</strong> legal developments in the field of LGBTI<br />
rights. The following are recommendations for specific targeted measures to<br />
be included in the <strong>National</strong> <strong>LGBTIQ</strong> <strong>Equality</strong> <strong>Plan</strong> across five policy areas: legal<br />
recognition, <strong>LGBTIQ</strong> inclusion, security, health, <strong>and</strong> international relations.<br />
The recommendations in this chapter are presented in the context of the<br />
Lithuanian legal <strong>and</strong> social environment, where <strong>LGBTIQ</strong> rights are still inadequately<br />
protected. The recommendations have been formulated based on<br />
an analysis of the official responses to LGL’s queries sent between July <strong>and</strong><br />
September 2023. The queries were related to the integration of the objectives<br />
of the EU <strong>Equality</strong> Strategy 2020–2025 into national policy measures<br />
<strong>and</strong> other related issues. The responses were received from various institu-<br />
tions of the Republic of Lithuania, including the Ministry of Social Security<br />
<strong>and</strong> Labour, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry<br />
of the Interior, the Ministry of Health, the Department of Education<br />
of the Ministry of Education, Science <strong>and</strong> Sport, <strong>and</strong> the Office of the Equal<br />
Opportunities Ombudsperson.<br />
5.1. LEGAL RECOGNITION AND STRENGTHENING THE LEGAL FRAMEWORK<br />
RECOMMENDATIONS:<br />
1. Amend the Law on Equal Opportunities <strong>and</strong> the Penal Code to include<br />
gender identity as a distinct ground of prohibited discrimination.<br />
2. Introduce an administrative procedure for gender recognition based on<br />
the principle of self-determination.<br />
3. Develop <strong>and</strong> implement family law reform, including the recognition of<br />
the right to family for <strong>LGBTIQ</strong> persons. Abolish the principle of “gender<br />
complementarity” in the Law on Strengthening the Family of the<br />
Republic of Lithuania. Review laws aimed at strengthening the family,<br />
such as the Law on Assistance for the Acquisition or Rental of Housing<br />
of the Republic of Lithuania <strong>and</strong> abolish any existing discriminatory preconditions.<br />
Protect the legitimate material <strong>and</strong> social interests of children<br />
raised in same-sex couples’ families.<br />
4. Provide a compensation mechanism for transgender individuals who<br />
were required to divorce to exercise their right to gender recognition<br />
following the implementation of legal reform.<br />
5. Review Lithuania's national procedures for asylum seekers <strong>and</strong> individuals<br />
entering the country for humanitarian reasons, with a focus on<br />
addressing the specific needs of <strong>LGBTIQ</strong> individuals. This includes ensuring<br />
safe accommodation <strong>and</strong> reducing the risk of multiple discrimination<br />
in all related policies <strong>and</strong> procedures.<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
38 PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
39
6. Strengthen the legal framework to exp<strong>and</strong> the scope of national<br />
non-discrimination legislation, enabling both <strong>LGBTIQ</strong> individuals <strong>and</strong><br />
organisations representing their interests to better defend their rights.<br />
To improve the labour market, positive action measures should be implemented.<br />
For instance, transgender individuals who have begun the<br />
gender recognition process should be retained in the workplace. Additionally,<br />
equal opportunities <strong>and</strong> social guarantees should be provided<br />
for <strong>LGBTIQ</strong> families, as some private sector entities have already implemented.<br />
Furthermore, <strong>LGBTIQ</strong> individuals <strong>and</strong> organisations should<br />
be enabled to defend their violated rights in legal relations related to<br />
services <strong>and</strong> rent specifics.<br />
7. Strengthen the principles of diversity <strong>and</strong> inclusion in the public sector.<br />
8. Strengthen ombudspersons’ offices <strong>and</strong> ensure appointment <strong>and</strong> discretion<br />
of ombudspersons in line with the Paris Principles.<br />
9. Strengthen the competence <strong>and</strong> political independence of the Office of<br />
the Equal Opportunities Ombudsperson. In 2021, the Office of the Office<br />
of the Equal Opportunities Ombudsperson launched an investigation<br />
into alleged violations of equal opportunities principles in organizing<br />
IT courses for people who are not employed or in education or training<br />
(NEETs). These courses were part of a social inclusion project implemented<br />
by LGL. The courses were provided free of charge <strong>and</strong> were considered<br />
project activities, falling outside the legal definition of services.<br />
However, the investigation failed to consider this <strong>and</strong> ignored the social<br />
impact <strong>and</strong> necessity of these courses. This investigation posed a threat<br />
to the constitutional principle of freedom of association, which affects<br />
the ability of NGOs to act in accordance with their statutes, represent<br />
the interests of vulnerable groups, <strong>and</strong> carry out social impact projects.<br />
The role of the Equal Opportunities Ombudsperson should be to facilitate<br />
the actual implementation of the principle of equity, rather than<br />
adopting a formalized approach to equality. The equality body should<br />
enhance its competence, collaborate <strong>and</strong> consult with NGOs that represent<br />
vulnerable groups. Human rights <strong>and</strong> equality bodies play a crucial<br />
role in democracies, especially in countries where the human rights situation<br />
is complex <strong>and</strong> compromised. For example, in Hungary, the Ombudsperson’s<br />
office has produced reports on procedural shortcomings<br />
in the legal recognition of gender. These reports have been useful in the<br />
European Court of Human Rights case R.K. v. Hungary. Therefore, it is<br />
crucial to ensure the political independence of national human rights<br />
<strong>and</strong> equality bodies for the progress <strong>and</strong> development of human rights.<br />
5.2. <strong>LGBTIQ</strong> INCLUSION<br />
<strong>LGBTIQ</strong> individuals continue to face stereotypes, prejudice, exclusion,<br />
discrimination, <strong>and</strong> violence, hindering their ability to participate fully in<br />
social life. The <strong>National</strong> <strong>LGBTIQ</strong> <strong>Equality</strong> <strong>Plan</strong> should include measures to<br />
promote the visibility <strong>and</strong> recognition of <strong>LGBTIQ</strong> individuals, families, activists,<br />
<strong>and</strong> organisations, as well as gender diversity.<br />
RECOMMENDATIONS:<br />
1. Strengthen political <strong>and</strong> financial support for LGBTI organisations.<br />
2. Implement targeted research <strong>and</strong> analytical activities to assess the<br />
situa tion of <strong>LGBTIQ</strong> people, with a particular focus on the under-researched<br />
situation of intersex individuals.<br />
3. Strengthen measures to combat discrimination on multiple grounds.<br />
4. Strengthen social dialogue between state institutions, organisations<br />
representing vulnerable groups, <strong>and</strong> religious communities to promote<br />
acceptance <strong>and</strong> inclusion of <strong>LGBTIQ</strong> people.<br />
5. Strengthen national education programmes <strong>and</strong> policies to promote<br />
<strong>LGBTIQ</strong> inclusion <strong>and</strong> education on sexual orientation <strong>and</strong> gender diversity,<br />
<strong>and</strong> to promote adult education on diversity <strong>and</strong> inclusion.<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
40 PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
41
6. Increase youth inclusion by considering the needs of <strong>LGBTIQ</strong> <strong>and</strong><br />
non-binary young people.<br />
7. Develop policies for promoting inclusion <strong>and</strong> measures against homophobia,<br />
biphobia, transphobia, racism, <strong>and</strong> misogyny in sports. The organization<br />
of major international sporting events should strictly comply<br />
with the UN Guiding Principles on Business <strong>and</strong> Human Rights sustainability<br />
st<strong>and</strong>ards.<br />
8. Strengthen existing measures aimed at protecting older people, paying<br />
particular attention to their unique experiences <strong>and</strong> the needs of LGB-<br />
TIQ individuals in this area. This includes education, services tailored to<br />
older <strong>LGBTIQ</strong> individuals, <strong>and</strong> support for single persons.<br />
9. Promote inclusive culture <strong>and</strong> policies of remembrance <strong>and</strong> historical<br />
justice. It is crucial to recognise the repression that <strong>LGBTIQ</strong> people faced<br />
during the Nazi <strong>and</strong> Soviet occupations <strong>and</strong> measures should be taken<br />
to commemorate their memory. Additionally, the history of <strong>LGBTIQ</strong><br />
emancipation in Lithuania should be perpetuated by documenting, archiving,<br />
<strong>and</strong> exhibiting the history of Baltic Pride, other Pride marches,<br />
<strong>and</strong> milestone events of the LGBT community in national institutions.<br />
10. Evaluate the necessity of a compensation mechanism for victims of<br />
the Criminal Code provision that prohibited sexual relations between<br />
men, which was enforced during Lithuania’s period of independence<br />
until 1993.<br />
5.3. SECURITY<br />
The criminal liability for hate crimes in Lithuanian legislation is generally<br />
in line with European Union <strong>and</strong> international st<strong>and</strong>ards. However, hate<br />
crimes are often not reported <strong>and</strong> their legal classification under the Criminal<br />
Code of the Republic of Lithuania is problematic. Furthermore, there<br />
are no comprehensive official statistics on hate crimes.<br />
The results of an anonymous online survey conducted by LGL (2017) 46<br />
showed that of the 345 people who took part in the survey, more than half<br />
(54%) said they had experienced a hate crime <strong>and</strong> (or) hate speech in the<br />
last 12 months. Only 13% of victims in Lithuania reported these cases to<br />
law enforcement authorities. Meanwhile, threats against <strong>LGBTIQ</strong> organisations<br />
or activists are not considered serious enough by law enforcement<br />
authorities 47 . According to the Department of Information <strong>and</strong> Communications,<br />
28 cases of incitement to hatred under Article 170 of the Criminal<br />
Code (incitement against any national, racial, ethnic, religious, or other<br />
group of people) were registered in Lithuania in 2019, 11 of which were directed<br />
against the <strong>LGBTIQ</strong> community, indicating that the most common<br />
motivation for such acts is hatred, hostility towards or biased attitudes towards<br />
<strong>LGBTIQ</strong> people, despite the high latency of these crimes.<br />
As of June 2023, the Prosecution Information System has published data<br />
indicating that there are currently 105 prosecutors who specialise in hate<br />
crime <strong>and</strong> hate speech. However, there is still no separate specialisation for<br />
police officers in this area.<br />
RECOMMENDATIONS:<br />
1. Promote greater trust of the <strong>LGBTIQ</strong> community in law enforcement<br />
authorities <strong>and</strong> thus contribute to increased reporting of hate <strong>and</strong> (or)<br />
violence by members of the LGBTI community.<br />
2. Strengthen the skills <strong>and</strong> knowledge of law enforcement personnel<br />
on the special needs of members of the <strong>LGBTIQ</strong> community <strong>and</strong> other<br />
vulnerable groups, promote specialisation among law enforcement officers,<br />
<strong>and</strong> increase training in dealing with hate crimes.<br />
46 https://manoteises.lt/straipsnis/neapykantos-epidemija-lietuvoje-pranesti-ar-nepranesti/#<br />
47 https://www.jarmo.net/2022/08/lgl-darbuotojams-pamastymus-apie-dalgi.html<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
42 PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
43
3. Raise awareness among the <strong>LGBTIQ</strong> community <strong>and</strong> the public about<br />
remedies for violated rights.<br />
4. In cooperation with organisations representing <strong>LGBTIQ</strong> rights, examine<br />
what additional measures are necessary to implement the Council<br />
of Europe Convention on preventing <strong>and</strong> combating violence against<br />
women <strong>and</strong> domestic violence (Istanbul Convention) in relation to<br />
<strong>LGBTIQ</strong> persons. This should also consider the interests of <strong>LGBTIQ</strong> minors<br />
<strong>and</strong> the potential risks of domestic violence due to disclosure of<br />
sexual orientation or gender identity.<br />
5. Implement Article 16 of the UN Convention on the Rights of Persons<br />
with Disabilities to ensure that individuals are free from exploitation,<br />
violence, <strong>and</strong> abuse.<br />
6. Strengthen violence prevention measures, especially in custody, imprisonment,<br />
<strong>and</strong> other places of detention.<br />
5.4. HEALTH<br />
Traumatic experiences of violence <strong>and</strong> hate crimes, as well as the stigmatization<br />
<strong>and</strong> pathologization of <strong>LGBTIQ</strong> identities, have long-lasting negative<br />
psychosocial consequences for <strong>LGBTIQ</strong> individuals. It should be noted<br />
that healthcare available to transgender individuals is based on an outdated<br />
diagnosis of “transsexualism”, <strong>and</strong> surgical services remain unregulated<br />
<strong>and</strong> often difficult to access. Discrimination <strong>and</strong> stigmatization against<br />
<strong>LGBTIQ</strong> people living with HIV remain high.<br />
The guide to the implementation of the horizontal principle “Equal opportunities<br />
for all” of the <strong>National</strong> Progress <strong>Plan</strong> 2021–2030 48 also mentions<br />
the results of LGL’s 2017 survey on the <strong>LGBTIQ</strong> youth situation. However,<br />
48 Guide to the implementation of the horizontal principle “equal opportunities for all“<br />
of the <strong>National</strong> Progress <strong>Plan</strong> 2021-2030, Ministry of Social Security <strong>and</strong> Labour of the<br />
Republic of Lithuania, 8 February 2023, version 1.0<br />
the 2022–2023 LGL survey results 49 indicate a significant decline in the situation<br />
of <strong>LGBTIQ</strong> students compared to the 2017 survey. In 2022, students’<br />
fee lings of insecurity at school due to their sexual orientation have increased<br />
by 11.4 %. The overall feeling of safety at school has also decreased<br />
over five years (from 17.7% in 2017 to 15.6% in 2022). 64% of the surveyed<br />
<strong>LGBTIQ</strong> students reported hearing homophobic remarks at school “very often”<br />
or “often”. Only 34.1% of students reported that teachers respond to such remarks.<br />
Only 0.7% of students reported receiving helpful support from school staff<br />
when faced with bullying. 8.1% of respondents reported that they had missed<br />
classes in the last month because of feelings of insecurity at school. This sets the<br />
stage for a decline in <strong>LGBTIQ</strong> young people's emotional health <strong>and</strong> wellbeing.<br />
“Conversion therapy” practices are not currently prohibited in Lithuania,<br />
which implies that these practices, which aim to influence a person’s perception<br />
of his/her sexual orientation <strong>and</strong> (or) identity towards a heterosexual<br />
<strong>and</strong> (or) heteronormative one, may be used, <strong>and</strong> that such practices are<br />
not regulated. The harm caused to <strong>LGBTIQ</strong> people by such practices is not<br />
legally recognised in Lithuania. It should be noted that the Lithuanian Union<br />
of Psychologists has an LGBTQIA+ psychology group. Psychologists who<br />
are members of this organization may be able to assess the harm caused by<br />
“conversion therapy” <strong>and</strong> respond accordingly to cases of its practical application<br />
within the organization. However, it should be noted that not all psychologists<br />
are members of this organisation. Furthermore, the law governing<br />
the practice of psychology has not yet been adopted, which would establish<br />
a register of psychologists, qualification requirements, <strong>and</strong> a code of<br />
ethics. According to LGL, the adoption of this law could potentially aid in the<br />
investigation <strong>and</strong> assessment of the use of “conversion therapy” in accordance<br />
with the Code of Ethics for the Professional Practice of Psychologists.<br />
However, it would not alter the general legal prohibition on the use of “conversion<br />
therapies”. This is because individuals who may use or intend to use<br />
these practices may also belong to other fields <strong>and</strong> professions, such as those<br />
in the religious sphere, education sector workers, psychiatry, <strong>and</strong> others.<br />
49 https://www.tv3.lt/naujiena/gyvenimas/ekspertes-lgbt-moksleiviu-padetis-lietuvosmokyklose-blogeja-n1267757<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
44 PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
45
RECOMMENDATIONS:<br />
1. Introduce a ban on “conversion therapy” <strong>and</strong> implement measures at<br />
the legislative <strong>and</strong> (or) sub-statutory level to prevent these harmful<br />
practices.<br />
2. Apply the st<strong>and</strong>ards set out in Council of Europe Recommendation CM/<br />
Rec(2010)5 50 in order to improve the provision of specific health services<br />
for transgender people, as well as to increase the accessibility of these<br />
services for transgender people on the basis of the principle of self-determination.<br />
3. Increase the availability of pre-exposure prophylaxis (PrEP, antiviral<br />
drugs to protect against HIV infection) in Lithuania, provide for the<br />
regulation <strong>and</strong> reimbursement of PrEP at the public health facilities.<br />
Additionally, increasing public awareness of PrEP <strong>and</strong> reducing stigma<br />
against HIV-positive individuals in society is crucial.<br />
5.5. INTERNATIONAL RELATIONS<br />
The international <strong>Equality</strong> Rights Coalition (ERC) launched its Strategic<br />
<strong>Plan</strong> for 2021–2026. 51 The document, among other things, promotes cooperation<br />
between institutions <strong>and</strong> NGOs, strengthens legislative protection<br />
<strong>and</strong> practices in ERC Member States to more effectively protect <strong>LGBTIQ</strong><br />
persons from discrimination <strong>and</strong> violence, calls on Member States to provide<br />
an administrative procedure for gender recognition, <strong>and</strong> strengthens<br />
the inclusion of <strong>LGBTIQ</strong> persons through the implementation of the Sustainable<br />
Development Goals (SDGs). At the ERC meeting held in Buenos<br />
Aires, Argentina in September 2022, attended by representatives from LGL<br />
as well as ERC member governments, good practices were shared. These<br />
good practices included providing public financial support for Pride festivals<br />
that cater to the needs of the LGBT community.<br />
50 https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805cf40a<br />
51 https://equalrightscoalition.org/publications/equal-rights-coalition-strategic-plan-<br />
2021-2026/<br />
Although not supported by the state budget or only supported to a very limited<br />
extent, the Pride festivals organised by LGL receive significant support<br />
from foreign missions residing in Lithuania, Lithuania’s strategic partners,<br />
<strong>and</strong> foreign investors. Although Pride festivals are significant human rights<br />
events in Lithuania, the Ministry of Foreign Affairs of the Republic of Lithuania<br />
only contributed to the organization of Baltic Pride in Vilnius in 2013 <strong>and</strong> 2016.<br />
The project applications published by the Lithuanian missions abroad 52 do<br />
not cover the thematic priority of <strong>LGBTIQ</strong> equality or general human rights.<br />
It is particularly important to strengthen the advocacy activities of civil society<br />
organizations promoting <strong>LGBTIQ</strong> rights in Eastern Partnership countries,<br />
such as Armenia <strong>and</strong> Georgia (Sakartvelo).<br />
RECOMMENDATIONS:<br />
1. Enhance political <strong>and</strong> financial support for Pride events in Lithuania at<br />
the institutional level. It is recommended to include a strategic objective<br />
of organizing the “EuroPride” festival in Lithuania.<br />
2. Include a thematic priority for LGBTI rights for project calls organised by<br />
the Lithuanian state to strengthen democratic processes <strong>and</strong> civil society<br />
in the Eastern Partnership countries.<br />
3. Provide political support to the international initiative of civil society<br />
organisations in Spain, Belgium, Switzerl<strong>and</strong>, Mexico, Denmark, Norway,<br />
<strong>and</strong> other countries, seeking to inscribe Pride on the list of Intangible<br />
Cultural Heritage protected by UNESCO. The initiative is organized<br />
within the context of “World Pride” 2026. 53<br />
52 The Embassy of the Republic of Lithuania to the Republic of Armenia calls to submit<br />
project applications for the implementation of the Development Cooperation <strong>and</strong> Democracy<br />
Promotion Programme in Armenia in 2023<br />
https://am.mfa.lt/am/en/news/the-embassy-of-the-republic-of-lithuania-to-therepublic-of-armenia-calls-to-submit-project-applications-for-the-implementation-ofthe-development-cooperation-<strong>and</strong>-democracy-promotion-programme-in-armeniain-2023?__cf_chl_tk=wcdUvStcm.nw_HZEQC3J87RT2Nhr0C8Z4gWxJP4mG8Q-<br />
53 https://worldpride.amsterdam/impact/<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL<br />
46 PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
PLAN ON <strong>LGBTIQ</strong> RIGHTS IN LITHUANIA<br />
47
48 49
6<br />
CONCLUSIONS<br />
The adoption of the <strong>National</strong> <strong>LGBTIQ</strong> <strong>Equality</strong> <strong>Plan</strong> would reinforce Lithuania’s<br />
strategic commitment to safeguarding the rights of <strong>LGBTIQ</strong> individuals.<br />
The adoption of the <strong>Plan</strong>, which outlines strategic directions for action,<br />
should result in the development <strong>and</strong> prioritisation of specific measures.<br />
These measures should be implemented through an inter-institutional process<br />
that involves human rights NGOs. Including a coordinating body <strong>and</strong><br />
clearly defined responsibilities is crucial for this process.<br />
It should be noted that the <strong>LGBTIQ</strong> <strong>Equality</strong> Subgroup of the High-Level<br />
Group on Non-Discrimination, <strong>Equality</strong>, <strong>and</strong> Diversity has developed<br />
<strong>Guidelines</strong> for Strategies <strong>and</strong> Action <strong>Plan</strong>s to Enhance <strong>LGBTIQ</strong> <strong>Equality</strong>. 54<br />
These guidelines are intended to support concrete actions to strengthen<br />
the protection of the rights of <strong>LGBTIQ</strong> persons in EU Member States.<br />
It is recommended that policies, strategies, <strong>and</strong> (or) action plans that are<br />
inclusive of <strong>LGBTIQ</strong> people consider <strong>and</strong> address the following points:<br />
• Ensuring an accurate assessment of the <strong>LGBTIQ</strong> equality situation<br />
in support of evidence-based policymaking.<br />
• Identifying the main challenges of <strong>LGBTIQ</strong> equality, paying attention<br />
to the situation of the most vulnerable.<br />
• Setting clear, ambitious, <strong>and</strong> measurable priorities for promoting<br />
<strong>LGBTIQ</strong> equality <strong>and</strong> awareness-raising.<br />
• Ensuring effective legal protection of <strong>LGBTIQ</strong> people <strong>and</strong> proper<br />
law enforcement.<br />
• Transparent management, leadership, <strong>and</strong> coordination of LGB-<br />
TIQ equality matters, including mainstreaming <strong>and</strong> active involvement<br />
of civil society.<br />
EU <strong>Equality</strong> Commissioner Helena Dalli notes in the introduction to the<br />
<strong>Guidelines</strong> for Strategies <strong>and</strong> Action <strong>Plan</strong>s to Enhance <strong>LGBTIQ</strong> <strong>Equality</strong> that<br />
“the protection <strong>and</strong> promotion of equality <strong>and</strong> human rights is our common<br />
value as well as our common task <strong>and</strong> responsibility.”<br />
The guidelines outline what <strong>LGBTIQ</strong>-inclusive policies, strategies, <strong>and</strong> action<br />
plans should contain to be useful <strong>and</strong> effective. They encourage EU<br />
Member States to follow the <strong>LGBTIQ</strong> <strong>Equality</strong> Strategy <strong>and</strong> highlight good<br />
practice tools for the adoption of national <strong>LGBTIQ</strong> equality plans in EU<br />
Member States.<br />
54 <strong>Guidelines</strong> for Strategies <strong>and</strong> Actions <strong>Plan</strong>s to Enhance <strong>LGBTIQ</strong> <strong>Equality</strong>, European<br />
Commission, 2022. Available at: https://commission.europa.eu/system/files/2022-09/guidelines_for_strategies_<strong>and</strong>_action_plans_to_enhance_lgbtiq_equality_2022final16_05.<br />
pdf<br />
50<br />
6. CONCLUSIONS 6. CONCLUSIONS<br />
51
52 53
54 55
56 57
58<br />
FRIEDRICH<br />
EBERT<br />
STIFTUNG