Homophobia and Discrimination on

<strong>Homophobia</strong> <strong>and</strong> <strong>Discrimination</strong> on Grounds of Sexual Orientation <strong>and</strong> Gender Identity in the EU Member States
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discrimination. 161 In sum, within the next year or two there will probably be 22 Member
States with a single Equality Body competent to address all grounds of discrimination.
Nine Member States do not have an Equality Body competent to address discrimination
on grounds of sexual orientation (Czech Republic, Denmark, Estonia, Spain, Italy, Malta,
Pol<strong>and</strong>, Portugal, <strong>and</strong> Finl<strong>and</strong>). In five of these, an Ombudsperson institution might be
competent to receive complaints about discrimination on grounds of sexual orientation
(Czech Republic, Estonia, Spain, Pol<strong>and</strong>, <strong>and</strong> Finl<strong>and</strong>). These types of Ombuds
institutions, however, do not dispose of the range of powers envisaged by the Racial
Equality Directive for Equality Bodies.
Data on discrimination
There are few official statistical data on discrimination complaints. 10 Member States
(Austria, Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, The Netherl<strong>and</strong>s,
Romania <strong>and</strong> Sweden) compile statistical complaints data. The following table illustrates
the number of complaints in each country, along with the number of the total number of
findings of discrimination 162 :
Country
Total number of complaints of
discrimination on the ground of sexual
orientation - equality body, tribunals,
courts etc.(2007) 163
Total number of findings of
discrimination confirmed in 2007 by
equality body, tribunals, courts etc.
(2007) 164
Austria 45 0
Czech Republic 1 1
Cyprus 1 Decision pending
Estonia 1 0
Hungary 2 0
Latvia 12 1
Lithuania 18 1
The Netherl<strong>and</strong>s 6 3
Romania 7 1
Sweden 62 6 165
161 The Equality Ombudsman shall ensure that discrimination on grounds of sex, transgender identity or
expression, ethnicity, religion or other belief, disability, sexual orientation or age does not occur in any
area of society. The Ombudsman shall further promote equal rights <strong>and</strong> opportunities, supervise
compliance with the <strong>Discrimination</strong> Act, h<strong>and</strong>le individual complaints <strong>and</strong> promote equality through the
provision of advice <strong>and</strong> education. http://www.homo.se/o.o.i.s/1210 (23.10.2008)
162 Information from FRALEX country legal reports; information for Sweden from HomO
163 The complaints cover all social areas of discrimination (employment, education, housing, goods <strong>and</strong>
services etc.)
164 The number of complaints in 2007 does not necessarily correspond with findings from 2007 as some
decisions are not reached the same year as the complaint was made.
165 It is important to note that the 6 cases only reflects those cases where sufficient evidence of
discrimination was found <strong>and</strong> where a decision confirming the evidence was made. In the remaining 56
cases no finding of violation was found. This does not necessarily imply that there was no
discrimination in the cases, but merely that for example the evidence to support the claim of
discrimination was too weak.