2) Countries with different age of consent for heteroand homosexual relations
| Country | repeal of ban | age of consent | |
|---|---|---|---|
| hetero | homo | ||
| Austria | 1971 | 14 | 18 |
| Bulgaria | 1968 | 14 | 18 |
| Croatia | 1977 | 14 | 18 |
| Finland | 1971 | 16 | 18 |
| Hungary | 1961 | 14 | 18 |
| Liechtenstein | 1989 | 14 | 18 |
| United Kingdom | 1967 | 16 | 18 |
| (Northern Ireland) | 1982 | 17 | 18 |
Remark: The Faroe Islands also apply a discriminatory higher age of consent.
3) Special provisions
In Austria ( 220), Finland (Art. 20:9.2), and Liechtenstein ( 220) "promoting" or "encouraging" homosexuality is forbidden. All modern studies show that this is indeed not possible. These laws encroach on the individuals' right to freedom of speech.
In Austria ( 221) and Liechtenstein, lesbian and gay organizations are prohibited (Freedom of assembly).
4) Some forms of discrimination (non-exhaustive list) Anti-homosexual legislation and especially its criminalization implies society's misperception: homosexuality is considered a mental or genetic disease; incidents of "treatment" with drugs and electroshock are commonplace in many countries.
After divorce, gay men and lesbians face severe difficulties in maintaining custody rights for their children or realizing their visiting rights. The denial of their rights is even more likely if they live together with a same sex partner.
In some countries, proposals are being discussed to forbid lesbians receiving artificial insemination (Norway, Italy, France, UK). E.g. in Austria, non-married women and thus all lesbians are excluded from such an option by law.
Same-sex couples are denied adoption rights in all countries, since only married couples are entitled to adopt children. In many countries separated parents are likely to be denied custody rights because of their homosexuality.
Laws on "public indecency" and "obscenity" are used against gay men and lesbians showing affection in public (hugging, kissing) e.g. in Bulgaria, UK, Spain, Italy. In numerous countries provisions on "public morale" are applied against publications of gay/lesbian organisations thereby infringing their right to freedom of speech (and press). Organisations are regularly banned and activists harassed with condonment or even involvement of local authorities.
Not least because of many forms of "legal" discrimination homosexuals are exposed to an increasing amount of violence from fascist groups and prejudiced individuals. "Legally sanctioned stigmatization" often prevents victims from reporting attacks.
In Greece homosexual prostitution is banned by the Criminal Law while there is no such ban on heterosexual prostitution. The law applies only to male homosexuals.
Homosexuals are either generally excluded from access to "sensitive sectors" (e.g. diplomatic service, science, military) or ate dismissed in case their sexual orientation becomes known. Many open homosexuals face a hostile climate at work as well as restrictions on promotion and career development.
In October 1988 the European Court for Human Rights upheld its position in the case NORRIS vs. Ireland and urged the Republic to repeal the respective law. Interestingly, the plaintiffs defendant was Mrs Mary Robinson, then practising lawyer and today President of the Irish Republic. The Committee of Ministers of the Council of Europe as the monitoring body on follow-ups of the Court's decisions repeatedly urged the government to abolish the ban It was not before June 24, 1993 that the Irish parliament decided to comply.
On April 22, 1993 the European Court for Human Rights upheld its earlier position in the case MODINOS vs. Cyprus that a ban on homosexuality interferes with the private life of citizens. Mr Modinos was paid compensation. The law, however, has not been abolished yet.
In March 1994 the Human Rights Committee of the United Nations decided in Toonen vs Tasmania that the criminalization of homosexuality not only violates the right to privacy (Art. 17) but also the non-discrimination clauses (Art. 2 and 26) of the International Covenant on Political and Civil Rights interpreting it as discrimination based on sex.
2) European Institutions The Parliamentary Assembly of the Council of Europe (Recommendation 924/81 and Motion for Recommendation 6348/90) as well as the European Parliament of the EC (Resolution on Sexual Discrimination at the workplace 1984) have urged their member states to entirely equate homosexuals with heterosexuals in all fields of legislation and especially to set up equal ages of consent.
The Council of Europe investigates the human rights situation of gay men and lesbians in countries applying for membership. In February 1993 members of the Parliamentary Assembly adopted the Written Declaration No. 227 stressing the necessity to end the practice of discrimination against homosexuals in former Communist countries.
In September 1993, Romania was admitted as a member to the Council of Europe despite of its anti-homosexual legislation, while the Parliamentary Assembly of the Council requested the government to abolish anti-gay legislation (Opinion # 176) to bring it into line with the ratified European Convention. A reform bill is pending before the Chamber of Deputies.
An Additional Protocol to the European Convention on Human Rights supported by The International Lesbian and Gay Associ- ation (ILGA) is pending before the Committee for Human Rights and Legal Affairs for deliberation.
In 1991 the Commission of the European Union extended its code of practice on sexual harassment at the workplace with provisions for the protection of gay men and lesbians.
In April 1993 the European Human Rights Foundation launched the study "Homosexuality: A Community Issue" detailing the consequences of the Single Market in general and the "Free Movement" principle in particular.
In November 1993 the Pilot Study "Lesbian Visibility Project", an ILGA project conducted by LBL Denmark through personal interviews and mainly funded by the EU was finalized. Its aim was to throw tight on areas usually not dealt with in homosexual studies. Recommendations and suggestions for further studies were given.
In February 1994 the European Parliament of the EU adopted a Recommendation sponsored by Claudia Roth (MEP Green Party) of the Committee on Civil Liberties and Internal Affairs calling upon the member states to recognize and protect homosexuals and their relations as equal with those of heterosexual people.
EU staff members founded the working group "Egalité" advocating elimination of all aspects in EU staff regulations discriminating against homosexuals (e.g. tax benefits and social security issues in same-sex partnerships). The European Citizen Action Service (ECAS) supports the abolishment of all EU practices which deny homosexuals equal enjoyment of the rights laid down in the Maastricht Treaty (e.g. free movement) as well as non-discrimination language in future charters/agreements.
In 1993, the Secretary General of ILGA addressed the Plenary of the CSCE Implementation Meeting in Warsaw explaining the discrimination homosexuals face world-wide. The Final Document includes these concerns. The Human Dimension has not yet explicitly condemned discrimination against gay men and lesbians in the participating states - an omission that can be interpreted as its acceptance!
3) International Institutions In September 1991 Amnesty International's World Conference officially decided to recognize people imprisoned because of their sexual orientation as prisoners of conscience.
In December 1991 the World Health Organisation (WHO) deleted homosexuality as an illness in the International Classification of Diseases (chapter V, code 302). Remarkably, this decision did not come into force before January 1993 (lCD-10-version).
As first organisation advocating homosexual equality, the International Lesbian and Gay Association (ILGA) was granted Roster NGO-status at the Council of Economic and Social Affairs (ECOSOC) of the United Nations in March 1993.
4) Positive developments at a national level Norway (1981), France (1985), Denmark (1987), Sweden (1987), The Netherlands (1992) and Ireland (1989) have enacted regulations prohibiting discrimination against homosexuals.
In 1986 Denmark equated homosexual couples with married ones concerning the right of succession.
In 1989 the Irish Parliament adopted a "Prohibition to Incitement to Hatred Act" covering hate speech against homosexuals.
In May 1989 the Danish Parliament enacted a "law on the registered partnership" of homosexual couples. It stipulates equal rights with one exception: same-sex couples are not allowed to adopt children together.
In 1991 the total ban on homosexual relations was abolished in the Ukraine.
In 1992 a number of Dutch local authorities started accepting the official registration of same-sex partnerships. In October 1993 a bill was introduced in parliament equalizing legal protection for "registered partners" vis-vis married couples.
In 1990 and 1992 respectively, Estonia and Latvia abolished laws penalizing homosexuality.
In June 1992 the German "Land" Brandenburg enacted a new Constitution emphasizing recognition of non-marriage partnerships by the state. In 1993 the "Land" Berlin included sexual identity as a non-discrimination criteria in its Constitution.
In Germany same-sex couples who were denied the right to marry have appealed at the Supreme Courts. Judges interpret the right to marry as an exclusive right for heterosexuals (while family law does not specify gender). In its decision of October 4, 1993 the Constitutional Court upheld this view and ruled the appeal inadmissible, while emphasizing the task for the legislative power to bring about legal protection for same-sex partnerships.
In 1992 the total ban on homosexuality was abolished in Gibraltar and the Isle of Man (both under UK Home Office jurisdiction).
In spring 1993, the Norwegian parliament adopted the same-sex partnership law based on the Danish one.
France, Ireland and The Netherlands have provisions against discrimination of gays and lesbians at the workplace.
In April 1993 the Russian Parliament enacted a new Penal Code which no longer includes the prohibition of homosexuality.
Lithuania which became member of the CoE in May 1993 repealed the ban on homosexuality one month after its admission.
In June 1993, the Irish parliament abolished the law prohibiting male homosexuality and simultaneously, set an equal age of consent at 17.
In autumn 1993 the French government adopted a law directing insurance companies to accept joint insurance coverage for non-married couples.
In October 1993, the "Unfair Dismissal Act" in Ireland was extended to include the prohibition of discriminating treatment on grounds of sexual orientation.
In November 1993 the parliament of the German free state Thuringia adopted a new Constitution prohibiting discrimination on grounds of sexual orientation - pending public approval by a referendum in late 1994.
The Irish Parliament is planning to establish an Equality Commission to monitor all forms of discrimination against homosexuals.
In June 1994, the Swedish parliament adopted a partnership law based on the Danish and Norwegian model.
In August 1994, the total ban on homosexual relations was repealed in Serbia (incl. Kosovo).
In January 1995 homosexuality was decriminalized in Albania.
A bill was introduced in the Cyprus parliament in January 1995 to abolish the ban on homosexuality.
On 15 June 1995 the parliament of Moldova abolished the ban on homosexuality.
In representing some 400 member organisations in more than 45 countries worldwide, the ILGA has made it its first priority to work towards abolishment of all legal, social, cultural or economic discrimination against homosexuals.
All human beings irrespective of their sexual orientation must be granted equal enjoyment of human rights! The realization of this goal will contribute to a peaceful coexistence and mutual understanding in a New Europe.
Sources Homostudies - University of Maastricht (NL), HOSI-Wien/LAMBDA-Nachrichten (Austria), EUROLETTER edited by LBL Denmark all members of the ILGA and others compiled by Alexandra Duda, IgIf Cologne, c/o Sch.u.LZ., Kartuserwall 18 D-50678 Köln, Germany.
Last update: August 1995 Please indicate source when quoting text or excerpts.