Attacks on LGBTI people are the warning sign of a wider backlash against democracy

by · EUobserver

In 2019, there were about 80 Polish municipalities self-declared to be “free from LGTBI ideology”

Opinion

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By Michael O’Flaherty,
Strasbourg
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Just a few days ago in Berlin, a Pride celebration ended in tragedy when a violent attack left one person dead and twenty-nine others injured. In Romania, municipal authorities banned Oradea Pride and fined participants and organisers.

Meanwhile, police crackdowns on Istanbul’s march – banned since 2015 – have become systematic, and violence threatens marches in Serbia.

As the rapporteur and co-drafter of the 2006 Yogyakarta Principles – the international legal initiative that applied universal human rights to the lived realities of LGBTI people – and now as Strasbourg-based Council of Europe Commissioner for human rights, I see these events not as isolated acts.

They are symptoms of a systemic rollback across the continent, signalling growing intolerance as well as a retreat on the part of some governments.

In a world where the universality of human rights is increasingly contested, our governments must ask themselves a fundamental question: do they still believe that human rights belong to everyone?

Between now and 8 August, over a million people are gathering in Amsterdam for WorldPride. They are celebrating twenty-five years since the Netherlands became the first country in the world to open civil marriage to same-sex couples, a tangible milestone followed by twenty-one other European countries.

Over twenty years, we have witnessed incredible strides. Anti-discrimination protections expanded, diverse families gained legal recognition, and just last year, all 46 member states of the non-EU Council of Europe agreed on a political instrument recognising the equal rights of intersex people.

Yet these achievements conceal a troubling paradox: across the continent, a gap is widening between legal protections on paper and lived reality.

Increasing attacks

The data confirms this trend. According to the latest European survey, one in seven LGBTI respondents reported being physically or sexually attacked in the preceding five years, while over half experienced hate-motivated harassment.

Across the continent, I have met with people who have been imprisoned, assaulted in the street and sent death threats, simply because of who they are or the work they do.

In Georgia, Hungary, and Slovakia, regressive policies restricting civil society and LGBTI visibility have been enshrined in law and constitutions. From Tbilisi to Istanbul, freedoms of assembly, expression, and association for LGBTI people and their organisations face tightening restrictions.

Civil society organisations across Europe encounter existential threats through administrative pressure, harassment and intimidation.

Meanwhile, in the United Kingdom and elsewhere, trans people are pushed to the margins of society.

The attacks and intolerance do not happen in a vacuum. The undermining of the rights of LGBTI people serves as the tip of the spear in a broader backlash against human rights protection overall.

They are accompanied by rollbacks in women’s rights, restrictions on independent media and civic space, attacks on judicial independence and national human rights watchdogs, and hostility toward migrants and refugees.

The playbook is familiar across borders: political actors and others with influence exploit economic hardship, war, climate breakdown, and technological disruption to manufacture fear and discontent.

They scapegoat marginalised groups, present basic equality as a threat to traditional family values or children and dismiss international law as “ideology”.

When democracy comes under pressure, LGBTI people are often the first targets.

'Officially human'

LGBTI people are not asking for “special rights”. They demand only what international law promised every human being after the devastation of World War II: to be treated like everyone else - to have their basic human rights acknowledged, to be protected by international treaties just like everyone else, and to live with dignity as themselves, free and equal. Their rights are not an ideology, nor are they inherently in conflict with the legitimate rights and interests of others.

Reflecting on the impact of the Yogyakarta Principles, one young gay man noted: “I am now, under International Human Rights Law, officially human. And yesterday, I wasn’t.” What is at stake today in Europe is whether that recognition of humanity will be preserved or revoked.

Governments need to treat equal rights not as an optional policy preference, but as a binding legal obligation under international treaties that they have sworn to uphold.

Closing the gap between promises on paper and lived reality requires political will: funding implementation and enforcing digital regulations to stem disinformation and online hate speech, protecting people facing intersecting forms of discrimination and exclusion.

Governments must shield human rights defenders and civil society organisations currently holding the line and reinforce independent democratic institutions.

Pride is a wonderful celebration of human diversity, but it is much more.

As the “Christopher Street” name of the Berlin Pride reminds us, it was born out of protest. It remains a necessary annual exercise in resilience, determination and solidarity.

International human rights law provides the roadmap for human dignity, and the Yogyakarta Principles remain the essential guidebook to apply it to sexual orientation, gender identity and sex characteristics.

We cannot afford to abandon the modern human rights architecture. It is time for countries everywhere to double down on the simple promise that human rights belong to everyone.

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In 2019, there were about 80 Polish municipalities self-declared to be "free from LGTBI ideology"

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Author Bio

Michael O’Flaherty O'Flaherty is director of the European Union Agency for Fundamental Rights.

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