Homophobia and Discrimination on

More documents

Recommendations

Info

ief overview is given here in order to provide a background to the remaining issues discussed in this section. Three principal means of protection against discrimination based on transgenderism can be found among EU Member States: Firstly, discrimination on the basis of transgenderism may be interpreted to fall within discrimination on the basis of sex within instruments prohibiting discrimination between men <strong>and</strong> women. Thirteen EU Member States fall within this category (Belgium, Denmark, France, Irel<strong>and</strong>, Italy, Latvia, 388 The Netherl<strong>and</strong>s, 389 Austria, 390 Pol<strong>and</strong>, Slovakia, 391 Finl<strong>and</strong>, Sweden, United Kingdom). 392 Secondly, it may be interpreted to fall within discrimination on the basis of sexual orientation. Two Member States fall within this category (Germany, 393 Spain). Thirdly, it may be interpreted to fall within a general prohibition on discrimination, with no express articulation of sex or sexual orientation as the prohibited grounds. The result is a situation of legal uncertainty as to the precise protection of transgender persons from discrimination. Eleven Member States fall within this category (Bulgaria, Czech Republic, Estonia, Greece, Cyprus, Lithuania, Luxembourg, Malta, Portugal, Romania, <strong>and</strong> Slovenia). Finally, Hungary, addresses discrimination based on transgenderism on the grounds of sexual identity under Act on Equal Treatment. 394 388 Latvia/Latvijas Republikas Augstākās tiesas Senāta Administratīvo lietu departaments/A42229505 SKA – 5/2008 (14.01.2008). 389 Leeuwarden Court of Appeal, 13.01.1995, NJ 1995 nr. 243 <strong>and</strong>, for example, ETC Opinions 1998-12 <strong>and</strong> 2000-73 390 Austria / Erläuterungen [Explanatory Notes]/ RV 415dB XXIII. GP, available at: http://www.parlament.gv.at/PG/DE/XXIII/I/I_00415/fname_096505.pdf (08.01.2008) (explanations appended to the government bill for the implementation of Council Directive 2004/113/EC prohibiting discrimination between men <strong>and</strong> women in access to <strong>and</strong> supply of goods <strong>and</strong> services). 391 Art. 6 (3)a. Slovakia/ Antidiskriminačný Zákon 365/2004 (20.05.2004) 392 In Great Britain, the relevant provisions are contained in the Sex <strong>Discrimination</strong> Act 1975 (SDA), as amended by the Sex <strong>Discrimination</strong> (Gender Reassignment) Regulations 1999. In Northern Irel<strong>and</strong>, protection is conferred by the Sex <strong>Discrimination</strong> (NI) Order 1976 (SDO), as amended by the Sex <strong>Discrimination</strong> (Gender Reassignment) Regulations (NI) 1999. In the UK also, where a person can obtain a Gender Recognition Certificate under the Gender Recognition Act 2004 (GRA) it would not be lawful to discriminate other than on grounds that would legally apply to anyone else of his or her acquired gender. (There is one exception: it is possible for an organised religion to discriminate where there are genuine religious reasons to refuse to employ a transsexual person even if the person has a Gender Recognition Certificate). 393 See the Explanatory Memor<strong>and</strong>um to the General Law on Equal Treatment: Bundestag, publication no. 16/1780, p. 31 394 Transgender people may be protected from discrimination as such, when they are treated differently than other persons of the same gender as the acquired gender. In Hungary, the Act on Equal Treatment (Hungary/2003 évi CXXV Törvény/28.12.2003) includes sexual identity as one of the grounds of discrimination (Article 8-n), Hungary/2003 évi CXXV Törvény/28.12.2003) Part II - The Social Situation 113
<strong>Homophobia</strong> <strong>and</strong> <strong>Discrimination</strong> on Grounds of Sexual Orientation <strong>and</strong> Gender Identity in the EU Member States 114 Categorisation of discrimination of transgender persons Attitudes towards transgender people There is a dearth of Europe-wide scientific data on the attitudes of society towards transgender people. However, some Europe-wide research focussing on the experience of transgender persons that have been subjected to transphobic attitudes is available relating to the healthcare sector (see healthcare section). Similar research for other sectors are available in some Member States, these have also been cited in their respective sections. 395 Some existing research on negative attitudes towards transgender people, for example one study 396 involving 151 psychology <strong>and</strong> engineering students in Britain <strong>and</strong> another involving 407 undergraduate <strong>and</strong> graduate students, shows that transphobia appears to 395 Justus Eisfeld, (2008), The situation concerning transphobia <strong>and</strong> discrimination on grounds of gender identity <strong>and</strong>/or gender expression in the EU Member States', DIHR, p. 12 396 Tee, N, Hegarty, P (2006) Predicting Opposition to the Civil Rights of Trans Persons in the United Kingdom, in: Journal of Community & Applied Social Psychology, 16: 70-80, Wiley InterScience
Page 2 and 3:
European Union Agency for Fundament
Page 4 and 5:
Foreword On December 18 2008 the UN
Page 6 and 7:
Contents FOREWORD .................
Page 8 and 9:
Executive Summary Background The pr
Page 10 and 11:
Fear of discrimination, homophobia
Page 12 and 13:
usually young men in groups. In rec
Page 14 and 15:
Bullying and haras
Page 16 and 17:
Asylum Although all Member States r
Page 18 and 19:
Opinions According to Art 4(1)(d) o
Page 20 and 21:
more public awareness on LGBT issue
Page 22 and 23:
25. Sports organisations or institu
Page 24 and 25:
Introduction ‘Respect for the rig
Page 26 and 27:
Clarification of terms and<
Page 28 and 29:
assigned to them at birth. This inc
Page 30 and 31:
Methodology The present analysis re
Page 32 and 33:
PART I: Lesbians, gay men, bisexual
Page 34 and 35:
in 2003 by the Campaign Against <st
Page 36 and 37:
impact that I think profoundly affe
Page 38 and 39:
These results come as no surprise.
Page 40 and 41:
‘came out’ to their parents. In
Page 42 and 43:
Legislation regarding homophobic ha
Page 44 and 45:
and National Equal
Page 46 and 47:
'A group of young people from my to
Page 48 and 49:
Several factors may contribute to t
Page 50 and 51:
eveal that the National Equality Bo
Page 52 and 53:
'We must say a clear "no" to all th
Page 54 and 55:
The Office of the Equal Opportuniti
Page 56 and 57:
Bans In recent years there have bee
Page 58 and 59:
news media. Violent attacks on demo
Page 60 and 61:
efused to rent office space to the
Page 62 and 63:
A Finnish study 153 indicated that
Page 64 and 65: National Equality Bodies There is a
Page 66 and 67: Interviews with National Equality B
Page 68 and 69: Research on workplace experiences T
Page 70 and 71: Another United Kingdom study, 194 b
Page 72 and 73: Conclusions LGBT persons are subjec
Page 74 and 75: In interview, the Belgian LGBT NGO
Page 76 and 77: ‘horseplay’ or ‘messing aroun
Page 78 and 79: LGBT youth examined suggested that
Page 80 and 81: educational curricula, as it contri
Page 82 and 83: on the grounds of their sexual orie
Page 84 and 85: 'I was an out patient at hospital <
Page 86 and 87: general population, and</st
Page 88 and 89: I.7. Religious institutions It was
Page 90 and 91: specified. The EU has criticized th
Page 92 and 93: I.8. Sports This section addresses
Page 94 and 95: issue of homophobia or the situatio
Page 96 and 97: I.9. Media This section examines ho
Page 98 and 99: appear as heterosexuals in order to
Page 100 and 101: Conclusions Incidents of homophobic
Page 102 and 103: In other Member States data indicat
Page 104 and 105: interaction with police was support
Page 106 and 107: Conclusions All the Member States i
Page 108 and 109: National Council for Combating <str
Page 110 and 111: empowering ethnic minority LGBT peo
Page 112 and 113: Conclusions People with multiple id
Page 116 and 117: e closely linked with, among other
Page 118 and 119: sexual abuse (4 per cent) were also
Page 120 and 121: eported that they were afraid of ha
Page 122 and 123: The Labour Market There is no evide
Page 124 and 125: to to provide LGBTQ student organis
Page 126 and 127: towards gender identity are common
Page 128 and 129: Good practice: In the United Kingdo
Page 130 and 131: Elderly transgender people have bee
Page 132 and 133: Homophobia, transp
Page 134 and 135: Annex 1 Country Report Authors Coun
Page 136 and 137: Annex 2 Stakeholder E - Questionnai
Page 138 and 139: 2. A minority accepts 3. Half of p
Page 140 and 141: 4. Almost full recognition 5. Tota
Page 142 and 143: 4. Good protection 5. High protect
Page 144 and 145: 31. Please state your assessment of
Page 146 and 147: Asylum and family
Page 148 and 149: 48. Primary education (Basic school
Page 150 and 151: Don't know Does not apply/Not rele
Page 152 and 153: 4. Somewhat high level of awareness
Page 154 and 155: 76. If you have any further comment
Page 156: European Union Agency for Fundament
show all

Homophobia and Discrimination on

Create successful ePaper yourself

Delete template?

Save as template?