The Council of Europe has adopted an LGBTI Equal Rights Strategy for the first time. It is intended to protect queer people from deepfakes, discrimination, and hate speech—but will it require countries to change their laws?
What happened?
For the first time in the organization's history, the Council of Europe's Committee of Ministers has formally adopted a comprehensive Strategy for Equal Rights of LGBTI People, covering the period from 2027 to 2032. The document brings together legal standards developed over recent decades by the European Court of Human Rights (ECtHR), the European Commission against Racism and Intolerance (ECRI), and other monitoring bodies.
The strategy was adopted 45 years after the ECtHR's first landmark ruling on LGBTI rights (the case of «Dudgeon v. the United Kingdom» 1981). The document is scheduled to be officially launched on January 26, 2027, during Montenegro's presidency of the Committee of Ministers. As Council of Europe Secretary General Alain Berset stated, the strategy does not start the fight for equality from scratch; rather, it takes it to a new stage by creating a unified framework.
Why was a separate strategy needed?
Despite progress in some countries, the situation regarding LGBTI rights in Europe remains highly uneven. The Council of Europe reports high levels of discrimination, hate crimes, and hate speech.
In addition, the document specifically highlights the growing role of digital technologies and artificial intelligence: algorithms and AI can reproduce bias, facilitate surveillance, fuel disinformation, and accelerate the spread of hostile content.
What does the strategy consist of?
The document focuses on four key priorities:
- Recognition of equal rights and dignity: promoting a culture of respect and inclusion to combat stigmatization.
- Combating disinformation: countering the manipulation of information about LGBTI people to protect democracy and the rule of law.
- Preventing violence and hatred: combating hate crimes and hate speech.
- Strengthening legal protection: establishing and developing effective institutional and regulatory frameworks.
These priorities cover private and family life, education, employment, healthcare, public services, victim support, and the digital space.
What is the context in which the document is being adopted?
Alongside the strategy, the Council of Europe published a report on protection against hate speech based on sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC). It revealed a huge gap in the criminal legislation of the 46 member states:
- Criminal liability for hate speech on the grounds of sexual orientation provide for 35 states.
- On the grounds of gender identity — only 18 states.
- On the grounds of gender expression and sex characteristics — just 6 states.
- The full range of SOGIESC grounds is explicitly enshrined in the criminal codes of only three countries: Belgium, Denmark, and Malta.
The report notes that even the existence of laws does not guarantee their enforcement: due to distrust of the authorities and fear of repeat victimization, most victims do not report incidents to the police, while the lack of disaggregated statistics obscures hate motives in overall reports.
Will this automatically compel states to change their laws?
No, the strategy does not introduce new criminal offenses or directly require states to rewrite their national codes. Its purpose is to establish common guidelines and coordinate action through expert committees (in particular, ADI-SOGIESC), providing countries with legal expertise, monitoring, and technical assistance.
Frequently Asked Questions
What period does the LGBTI Equal Rights Strategy cover?
The Strategy covers the period from 2027 to 2032. Its official launch is scheduled for January 26, 2027, during Montenegro's chairmanship of the Committee of Ministers.
What are the Strategy's main priorities?
It provides for the recognition of equal rights and dignity, combating disinformation, preventing violence and hatred, and strengthening legal protections.
Will the Strategy require states to amend their national laws?
No. It does not establish new criminal offenses or automatically require national codes to be rewritten; rather, it sets out common guidelines and coordination mechanisms.
What digital technology risks does the Strategy identify?
Algorithms and AI can replicate bias, facilitate surveillance, fuel disinformation, and accelerate the spread of hostile content.
How many countries criminalize hate speech based on SOGIESC?
Hate speech based on sexual orientation is criminalized in 35 countries, gender identity in 18, and gender expression and sex characteristics in 6. All SOGIESC grounds are enshrined in law only in Belgium, Denmark, and Malta.
Why do laws not always ensure that victims are protected?
Many victims do not report incidents to the police due to distrust of the authorities and fear of revictimization. The lack of disaggregated statistics also obscures hate motives in overall reporting.
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