Media Reporting and Reference Guide on LGBT Issues

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2.3. What is discrimination? Under the EU Law, “direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation” on the grounds of a protected characteristic such as racial or ethnic origin, religion or belief, disability, age, sex, sexual orientation, while “indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice” would put people of a protected characteristic “at a particular disadvantage” compared with people who have other characteristic(s) “unless that provision, criterion or practice is objectively justified by a legitimate aim <strong>and</strong> the means of achieving that aim are appropriate <strong>and</strong> necessary”. Sources: Directive 2000/43/EC; Directive 2000/78/EC; Directive 2004/113/E; Directive 2006/54/EC; Directive 2010/41/EU. Discrimination & Harassment Under the EU Law, harassment can be defined as a form of discrimination when <strong>and</strong> where “unwanted conduct” related to a person’s protected characteristic “takes place with the purpose or effect of violating the dignity of a person <strong>and</strong> of creating an intimidating, hostile, degrading, humiliating or offensive environment”. Sources: Directive 2000/43/EC; Directive 2000/78/EC; Directive 2004/113/EC; Directive 2006/54/EC; Directive 2010/41/EU. Types of discrimination: There are different types of discrimination but “all can lead to victimization <strong>and</strong> harassment: Direct discrimination: where a person is treated less favourably than others on grounds of his or her sexual orientation or gender identity. Indirect discrimination: where an apparently neutral provision or practice would put people of particular sexual orientation or gender identity at a disadvantage compared to others. Multiple discrimination: discrimination based on more than one ground. Experienced discrimination: also called subjective discrimination, is the experience of being discriminated against. Experienced discrimination does not necessarily entail discrimination in the legal sense. Victimisation: a specific term describing discrimination that a person suffers because they have made a complaint or been a witness in another person’s complaint. Harassment: any act or conduct that is unwelcome to the victim, which could be regarded in relation to the victim’s sexual orientation, gender identity/expression <strong>and</strong>/or as offensive, humiliating or intimidating. It can include spoken words, gestures or the production, display or circulation of written words, pictures or other material”. Source: ILGA Europe 2015. 24
ILGA’s Rainbow Europe Map 2019 (ILGA Europe 2019 May 13). “Decline is indeed clearly noticeable on this year’s Rainbow Map, ILGA-Europe’s annual benchmarking tool, which ranks 49 countries in Europe on their LGBTI equality laws <strong>and</strong> policies. For the first time in the Index’s ten-year history, countries are moving backwards as existing laws <strong>and</strong> policies disappeared: (...) The Rainbow Map & Index ranks 49 European countries on their respective legal <strong>and</strong> policy practices for LGBTI people, from 0-100%. (...) For the fourth year in a row, Malta (90%) appears at the top of the Rainbow Europe country ranking. (...) ILGA-Europe examine the laws <strong>and</strong> policies in 49 countries using a set of criteria – from May 2019, the number of individual criteria used rises to 69. These criteria are divided between six thematic categories: equality <strong>and</strong> non-discrimination; family; hate crime <strong>and</strong> hate speech; legal gender recognition <strong>and</strong> bodily integrity; civil society space; <strong>and</strong> asylum” (ILGA Europe, 2019 May 13). 25
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Page 19 and 20: Are there differences and</
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Page 31 and 32: Marriage equality: where national m
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3. National legal framework on hate
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• In 2010, NCRTV fined TV-station
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monitoring of the implementation of
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with the support of ESIEA, ESHEM-Th
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• Patras Pride (Patra) E-mail: pr
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References • 115
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• ESHEM-Th - Journalists’ Union
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• Law No. 4356/2015. Retrieved fr
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• Sto Kokkino 2018 October 18.
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the legal reading of the judgment i
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In May 2013, the National LGBT righ
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Office of the Inspector of Journali
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State institutions • To ensure th
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References • Nat
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ANNEXES ANNEX 1 European legal fram
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ANNEX 2 Relevant recommendations of
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This requirement is particularly im
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1. Training Initial training School
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6. Advertising Although the multi-e
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I. Media a
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135. The elaboration in recommendat
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undertaking of monitoring or the op
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The E.T.Ho.S. Project Team (in alph
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as Local Coordinator and</s
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Media Reporting and Reference Guide on LGBT Issues

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