A welcome Policy Recommendation
We welcome ECRI’s new Policy Recommendation on Preventing and Combating Intolerance and Discrimination against LGBTI Persons, released on 28 September 2023. ECRI calls on European policy makers at national, regional and local level, to develop measures that deter such discrimination and intolerance, and addresses the critical challenges faced by LGBTQI children and young people.
We are really pleased to see the policy document includes key recommendations for protecting and promoting the rights of LGBTQI children and youth, such as the need for inclusive education policies, the importance of exploring options to remove or lower age-based limitations on legal gender recognition, and the importance of banning harmful conversion practices across Europe.
The Importance of Inclusive Education
We particularly welcome ECRI's focus on the challenges faced by LGBTQI youth and children, especially in educational settings. The recommendation emphasises how the absence of inclusive policies and practices regarding sexual orientation, gender identity, sex characteristics, and diversity in family structures in educational institutions significantly impacts LGBTQI students. According to the recommendation, an age-appropriate and open approach to gender and sexuality can foster respect for LGBTQI students and help prevent cultures of bullying, harassment, discrimination, and violence. Conversely, silence or stigmatisation in education policies can perpetuate the marginalisation of LGBTQI students, legitimising anti-LGBTQI prejudice and adversely affecting their physical and mental well-being.
Addressing the Educational Gap
The report shows how many European countries, educational curricula lack references to LGBTQI individuals and diverse family structures, either due to formal prohibitions or official ambivalence. The absence of age-appropriate and inclusive educational resources, including comprehensive relationships and sexuality education, contributes to the social isolation of young LGBTQI students. Across Europe, LGBTQI students remain vulnerable to bullying, violence, and abuse, often stemming from ignorance and misunderstanding of sexual orientation, gender identity, and sex characteristics. Inclusive education plays a crucial role in dispelling such misunderstandings, as denying students the opportunity to learn about respect, openness, and inclusivity can only exacerbate bullying and abuse.
Prioritising the Best Interests of the Child
Furthermore, the recommendation affirms the rights of LGBTQI children and advocate for prioritising the best interests of the child in all policies. The recommendation rightly emphasises the protection of LGBTQI children and young people with LGBTQI parents or guardians. These young individuals may face exclusion from LGBTQI-inclusive laws, with their needs and desires often overshadowed by adult prejudices and biases. This contradicts the core human rights principle that the best interests of the child should be the primary consideration in all actions concerning children. The recommendation calls on Council of Europe Member States to explore options to remove or lower age-based limitations on who can obtain legal gender recognition.
Ending Harmful Conversion Practices
LGBTQI youth are particularly vulnerable to harmful conversion practices, sometimes referred to as "conversion therapies." These unethical interventions claim to change individuals' sexual orientation and/or gender identity and can involve various forms of mistreatment. Conversion practices have been widely condemned by human rights organizations and are increasingly prohibited in European countries. Despite their ineffectiveness, these practices can have lifelong negative impacts on the mental and physical well-being of LGBTQI individuals, infringing on their right to live with dignity, free from inhuman or degrading treatment.
Recommendations
Therefore, we fully supports the recommendations outlined in General Policy Recommendation No. 17. We call on governments of Council of Europe member states to:
- Prioritise the best interests of the child in policymaking and all administrative and judicial decisions involving LGBTQI children and children of LGBTQI individuals.
- Ensure that all children have the right to express their sexual orientation, gender identity, or sex characteristics freely and without discrimination, particularly in the context of education.
- Enforce comprehensive and effective legal prohibitions, including on advertising and promotion, against all practices aiming to change the sexual orientation and/or gender identity of children.
- Moreover, governments should explore options to remove or lower age-based limitations on legal gender recognition.
- Adopt measures prohibiting medically unnecessary surgeries, often referred to as "sex-normalizing" surgeries, for intersex children until they can provide free and informed consent. National laws should explicitly acknowledge the right of intersex persons to bodily integrity.
- Repeal any laws or administrative rules limiting the publication of materials containing LGBTQI content. Decisions to restrict access to published materials should be made without discrimination based on actual or perceived sexual orientation, gender identity, or sex characteristics.
- Promote inclusion for LGBTQI students at all levels of education, in consultation with representatives from the education sector and LGBTQI civil society. This includes developing mechanisms and guidelines to prevent, investigate, and address violence, bullying, and harassment against LGBTQI students, along with adopting a zero-tolerance policy toward such acts.
- Provide suitable training for educators, especially during their professional education, as well as for school and university teachers and administrators to ensure they have the knowledge and competence to understand and accommodate the needs of LGBTQI students.
- Ensure that curricula at all levels of education, including comprehensive relationships and sexuality education, address LGBTQI issues sensitively, age-appropriately, and comprehensibly. Discussions should be evidence-based and emphasise equality, diversity, and inclusion. Authorities should repeal any laws or policies prohibiting the dissemination of materials to students due to LGBTQI content.
- Guarantee that transgender and intersex students have access to educational services, including extra-curricular activities and facilities, in accordance with their gender identity.
You can read ECRI's full Policy Recommendation on this page.