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|<!--Adoption--> [[Image:X mark.svg|15px|No]]/[[Image:Yes check.svg|15px|Yes]] Single gay persons may adopt. Step Child adoption under consideration.
|<!--Adoption--> [[Image:X mark.svg|15px|No]]/[[Image:Yes check.svg|15px|Yes]] Single gay persons may adopt. Step Child adoption under consideration.
|<!--Military--> [[Image:Yes check.svg|15px|Yes]]
|<!--Military--> [[Image:Yes check.svg|15px|Yes]]
|<!--Anti-discrimination--> [[Image:Yes check.svg|15px|Yes]] A law called "An Act to Prohibit Incitement to Hatred on Account of Sexual Orientation" was passed in 1989 to battle [[hate speech]] against people in the LGBT community. The laws are strict and the definition of "hate speech" is very broad. The penalties for violating this law are sentenced up to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both on the first offense, or on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both.<ref>[http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html Prohibition of Incitement To Hatred Act, 1989 - Irish Statute Book]</ref>
|<!--Anti-discrimination--> [[Image:Yes check.svg|15px|Yes]]<ref> Bans '''all''' anti-gay discrimination<ref>{{cite web|url=http://www.irishstatutebook.ie/ZZA21Y1998.html |title=Employment Equality Act, 1998 |publisher=Irishstatutebook.ie |date=18 June 1998 |accessdate=11 July 2010}}</ref><ref>{{cite web|url=http://www.irishstatutebook.ie/ZZA8Y2000.html |title=Equal Status Act, 2000 |publisher=Irishstatutebook.ie |date=26 April 2000 |accessdate=11 July 2010}}</ref><ref>[http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html Prohibition of Incitement To Hatred Act, 1989 - Irish Statute Book]</ref>
|<!--Gender identity/expression--> [[Image:X mark.svg|15px|No]] Legislation to recognise gender identity pending after High Court ruling in favour.
|<!--Gender identity/expression--> [[Image:X mark.svg|15px|No]] Legislation to recognise gender identity pending after High Court ruling in favour.
|-
|-
| {{flagicon|Isle of Man}} [[LGBT rights in the Isle of Man|Isle of Man]] <br> <small>([[Crown dependencies]] of the [[United Kingdom]])</small>
| {{flagicon|Isle of Man}} [[LGBT rights in the Isle of Man|Isle of Man]] <br> <small>([[Crown dependencies]] of the [[United Kingdom]])</small>

Revision as of 23:53, 8 December 2013


Tables:

European Union

European Union member states are indicated with the EU flag in regional European sub-divisions.

EU Flag See: LGBT rights in the European Union
European Union law forbids discrimination on the grounds of sexual orientation. All EU states are required to legalise homosexual activity and implement anti-discrimination laws.[1][2]

Central Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
European UnionAustria Austria Yes Legal since 1971
+ UN decl. sign.
Yes Registered partnership since 2010 No No/Yes Biological step-child adoption only[3] Yes Yes Bans some anti-gay discrimination
European UnionCroatia Croatia Yes Legal since 1977
+ UN decl. sign.
Yes Unregistered cohabitation since 2003 (civil unions proposed) No Constitutional ban since 2013 No/Yes Single gay persons may adopt Yes Yes Bans all anti-gay discrimination[4][5] Yes Act on the elimination of discrimination, The Law on volunteering, Electronic media Law (all including both gender identity and gender expression)
European UnionCzech Republic Czech Republic Yes Legal since 1962
+ UN decl. sign.
Yes Registered partnership since 2006. No No/Yes A gay person alone may adopt (both when in registered partnership or single) Yes Yes Bans some anti-gay discrimination Yes legal recognition granted and amendment of birth certificate after reassignment surgery/
European UnionGermany Germany Yes Legal since 1969
(since 1968 in East Germany)
+ UN decl. sign.
Yes Registered partnership since 2001 No (proposed) No/Yes Biological or successive step-child adoption only (full joint adoption proposed)[6] Yes Yes Bans some anti-gay discrimination No/Yes
European UnionHungary Hungary Yes Legal since 1962
+ UN decl. sign.
Yes Registered partnership since 2009 No Constitutional ban since 2012[7] No Yes Yes Bans some anti-gay discrimination
Liechtenstein Liechtenstein Yes Legal since 1989
+ UN decl. sign.
Yes Registered partnership since 2011 No No N/A No
European UnionPoland Poland Yes Legal
Never punished (Legal until 18th century, criminalized in 19th by laws of Russia, Germany and Austria-Hungary, legal again since 1932)
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman"[8] No/Yes Single gay persons may adopt Yes Yes Bans some anti-gay discrimination Yes legal recognition and birth certificates amended, including. In 1983, the Supreme Court ruled reassignment surgery is not a prerequisite for legal recognition.[9]
European UnionRomania Romania Yes Legal since 1996
Previously legal from 1864 to 1968.
+ UN decl. sign.
No (proposed in 2013)[10] No No/Yes Single gay persons may adopt. Yes Yes Bans all anti-gay discrimination[5] No/Yes Legal recognition and birth certificates amended after reassignment surgery[11]
European UnionSlovakia Slovakia Yes Legal since 1962
+ UN decl. sign.
No No No Yes Yes Bans all anti-gay discrimination[12][13]
European UnionSlovenia Slovenia Yes Legal since 1977
+ UN decl. sign.
Yes Registered partnership since 2006 No No Yes Yes Bans all anti-gay discrimination No Gender change not legal.[14]
Switzerland Switzerland Yes Legal
(Geneva, Vaud, Valais and Ticino: since 1798
Nationwide since 1942)
+ UN decl. sign.
Yes Registered partnership since 2007 No No/Yes Biological step-child adoption only.[citation needed] Yes Yes Bans some anti-gay discrimination Yes Legal documents can be issued based on a person's new gender identity. Sterilization technically required not enforced since 2012. Registered Partnership can become Marriage between the new opposite-sex couple[15].

Eastern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Armenia Armenia Yes Legal since 2003[16]
+ UN decl. sign.
No No No Yes/No No explicit ban. However, LGB persons have been reportedly discharged because of their sexual orientation.[17] No No
Azerbaijan Azerbaijan Yes Legal since 2000 No No No No Yes (Requires sterilization for change).[14]
Belarus Belarus Yes Legal since 1994 No No Constitutional ban since 1994. No Yes/No Banned from military service during peacetime, but during wartime homosexuals are permitted to enlist as partially able.[18] No No gay activism/expression deemed terrorism [19]
Georgia (country) Georgia Yes Legal since 2000
+ UN decl. sign.
No No No Yes Bans some anti-gay discrimination Yes (Requires sterilization for change).[14]
Russia Russia
(incl. all constituent regions)
Yes Legal since 1993
Previously legal from 1917 to 1930.
No No No No No Bans homosexual "propaganda" Yes (Requires sterilization for change).[14]
Ukraine Ukraine Yes Legal since 1991
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman" No Yes No(proposed)[20] Yes (Requires sterilization for change).[14]

Northern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
European UnionDenmark Denmark Yes Legal since 1933
+ UN decl. sign.
Yes Legal since 1989. First country to legalise same-sex unions. Replaced in 2012 by gender neutral marriage law. Yes Legal since 2012 Yes Yes Yes Bans all anti-gay discrimination[16][5]
European UnionEstonia Estonia Yes Legal since 1992
+ UN decl. sign.
No(proposed) No No Single persons may adopt. Two people can adopt a child only if they are married.[21] Yes Yes Bans some anti-gay discrimination[5]
Faroe Islands Faroe Islands
(constituent country of the Kingdom of Denmark)
Yes Legal since 1933 No (proposed) No (proposed) No Yes (Denmark responsible for defence) Yes Bans some anti-gay discrimination[5]
European UnionFinland Finland Yes Legal since 1971
+ UN decl. sign.
Yes Legal since 2002 No (under consideration) Yes/ No Step-child adoption only (full joint adoption under consideration) Yes Yes Bans some anti-gay discrimination[5] No Legal change and recognition is possible only with sterilization[22]
Greenland Greenland
(constituent country of the Kingdom of Denmark)
Yes Legal since 1933
+ UN decl. sign via Denmark
Yes Legal since 1996 No Yes / No Step-child adoption only Yes (Denmark responsible for defence) Yes Bans some anti-gay discrimination
Iceland Iceland Yes Legal since 1940
+ UN decl. sign.
Yes Legal since 1996 Yes Legal since 2010 Yes Legal since 2006 N/A Yes Bans all anti-gay discrimination[5] Yes Documents can be amended to the recognised gender.
European UnionLatvia Latvia Yes Legal since 1992
+ UN decl. sign.
No No
Constitutional ban since 2006
No An unmarried person may adopt child alone. Adoption by multiple persons that are not married banned. Yes Yes Bans some anti-gay discrimination Yes Documents are amended accordingly, no medical intervention required.[23]
European UnionLithuania Lithuania Yes Legal since 1993
+ UN decl. sign.
No No
Constitutional ban since 1992
No Only married couples can adopt Yes Yes Bans all anti-gay discrimination[5] No Gender change not legal.[14]
Norway Norway Yes Legal since 1972
+ UN decl. sign.
Yes Legal since 1993 Yes Legal since 2009 Yes Legal since 2009 Yes Yes Bans all anti-gay discrimination.[24][5] Yes All documents can be amended to the recognised gender.
European UnionSweden Sweden Yes Legal since 1944
+ UN decl. sign.
Yes Legal since 1995 Yes Legal since 2009 Yes Legal since 2003 Yes Yes Bans all anti-gay discrimination[16] Yes

Southern Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Albania Albania Yes Legal since 1995
+ UN decl. sign.
No No No Yes Yes Bans all anti-gay discrimination[25] No Gender change not legal.[14] YesForbids discrimination based on gender identity.
Andorra Andorra Yes Legal since 1791
(as part of France)
+ UN decl. sign.
Yes Legal since 2005 No Yes Legal since 2005 N/A Yes Bans all anti-gay discrimination[5] No Gender change not legal.[14]
Bosnia and Herzegovina Bosnia and Herzegovina Yes Legal since 1998
+ UN decl. sign.
No No No Yes Yes Bans some anti-gay discrimination No
European UnionBulgaria Bulgaria Yes Legal since 1968[16]
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman" No/Yes Single gay persons may adopt. Yes Yes Bans all anti-gay discrimination Yes
European UnionCyprus Cyprus Yes Legal since 1998
+ UN decl. sign.
No (proposed) No No No Homosexuals are barred from serving in the military, on the grounds that homosexuality is a mental illness. Yes Bans all anti-gay discrimination YesForbids discrimination based on gender identity.
Gibraltar Gibraltar
(overseas territory of the United Kingdom)
Yes Legal since 1993 No (proposed) No Yes Legal since 2013[26][27] Yes UK responsible for defence Yes Bans some anti-gay discrimination
European UnionGreece Greece Yes Legal in 1951 (Age of consent discrepancy).[16]
+ UN decl. sign.
No(proposed) No No Yes Yes Bans some anti-gay discrimination Yes
European UnionItaly Italy Yes Legal since 1890
+ UN decl. sign.
No(proposed) No No Only married couples can adopt Yes Yes Bans some anti-gay discrimination Yes Since 1982 legal recognition and documents can be amended to the recognised gender.[28]
North Macedonia Macedonia Yes Legal since 1996[16]
+ UN decl. sign.
No No No Yes No In 2008 there were anti-discrimination laws set in place to protect members of the LGBT community from discrimination. But in early 2010, the law was revisited and sexual orientation was removed from the laws protected grounds. [29] No
European UnionMalta Malta Yes Legal since 1973
+ UN decl. sign.
No (Civil union bill pending a vote by parliament) No No/Yes Single gay persons can adopt Yes Yes Bans some anti-gay discrimination Yes All documents can be amended to the recognised gender.
Moldova Moldova Yes Legal since 1995[16] No No Constitutional ban since 1994. No Yes Yes Bans some anti-gay discrimination Yes (Requires sterilization for change).[14]
Montenegro Montenegro Yes Legal since 1977
+ UN decl. sign.
No No Constitutional ban since 2007. No Yes Yes Bans all anti-gay discrimination[30] Yes (Requires sterilization for change).[14] Forbids discrimination based on gender identity.
European UnionPortugal Portugal Yes Legal since 1983[16]
+ UN decl. sign.
Yes Legal since 2001 Yes Legal since 2010 No Yes Yes Bans all anti-gay discrimination, according to national Constitution.[5] Yes Since 2011, All documents can be amended to the recognised gender.
San Marino San Marino Yes Legal since 2001
+ UN decl. sign.
No/Yes (Only immigration right) No No No No Gender change not legal.[14]
Serbia Serbia Yes Legal since 1994
+ UN decl. sign.
No No Constitution defines marriage as "a union of a man and a woman" No Yes Yes Bans all anti-gay discrimination[31] No
European UnionSpain Spain Yes Legal since 1979[16]
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2005 Yes Yes Yes Bans all anti-gay discrimination[5] Yes Since 2007, All documents can be amended to the recognised gender (Ley 3/2007[32]).
Turkey Turkey Yes Legal since 1858 No No No No No (Constitutional protection is drafted, awaits to be enacted) Yes (Requires sterilization for change).[14]
Vatican City Vatican City Yes Legal[16] No No No No

Western Europe

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
European UnionBelgium Belgium Yes Legal since 1795[16]
(as part of France)
+ UN decl. sign.
Yes Legal since 2000 Yes Legal since 2003 Yes Legal since 2006 Yes Yes Bans all anti-gay discrimination[5] Yes The 2007 law concerning transsexuality grants the right to a legal name and gender change
European UnionFrance France Yes Legal since 1791
+ UN decl. sign.
Yes Civil solidarity pact since 1999 Yes Legal since 2013 Yes Legal since 2013 Yes Yes Bans all anti-gay discrimination[16][5] Yes (Requires sterilization for change).[14] Gender identity protected from discrimination. [33] Not a mental illness. [34]
Guernsey Guernsey
(incl. Alderney Alderney, Herm Herm and Sark Sark)
(Crown dependency of the United Kingdom)
Yes Legal since 1983, age of consent unequal[16][35] No (proposed) No Yes Yes UK responsible for defence Yes Bans some anti-gay discrimination[36] Yes[36]
European UnionRepublic of Ireland Ireland Yes Legal since 1993
+ UN decl. sign.
Yes Legal since 2011 No(pending a scheduled referendum) No/Yes Single gay persons may adopt. Step Child adoption under consideration. Yes YesCite error: A <ref> tag is missing the closing </ref> (see the help page).[37][38] No Legislation to recognise gender identity pending after High Court ruling in favour.
Isle of Man Isle of Man
(Crown dependencies of the United Kingdom)
Yes Legal since 1992
+ UN decl. sign
Yes No Yes Legal since 2011 Yes UK responsible for defence Yes Bans all anti-gay discrimination Yes
Jersey Jersey
(Crown dependency of the United Kingdom)
Yes Legal since 1990[16] Yes Legal since 2012 No Yes Yes UK responsible for defence No[39] Yes Gender Recognition (Jersey) Law 2010[40]
European UnionLuxembourg Luxembourg Yes Legal since 1795
(as part of France)
+ UN decl. sign.
Yes Legal since 2004 No (pending) No Yes Yes Bans some anti-gay discrimination
Monaco Monaco Yes Legal since 1793 (as part of France) No No No Yes France responsible for defence No
European UnionNetherlands Netherlands Yes Legal since 1811
(as part of France)
+ UN decl. sign.
Yes Legal since 1998 Yes Legal since 2001. First country to legalise same-sex marriage. Yes Yes Yes Bans all anti-gay discrimination[5] Yes
European UnionUnited Kingdom United Kingdom Yes Legal
in England and Wales since 1967
in Scotland since 1981
in Northern Ireland since 1982
+ UN decl. sign.
Yes Civil partnership since 2005 Legal in England and Wales from 2014
Pending
in Scotland for 2014
No Illegal
in Northern Ireland
Yes Legal
in England and Wales since 2005
in Scotland since 2009
No Illegal
in Northern Ireland, pending judicial review
Yes Yes Bans all anti-gay discrimination[41][16] Yes Gender Recognition Act 2004

Partially or unrecognised states

LGBT rights in: Same-sex sexual activity Recognition of same-sex relationships Same-sex marriage Same-sex adoption Allows gays to serve openly in military? Anti-discrimination (sexual orientation) Laws concerning gender identity/expression
Kosovo Kosovo Yes Legal since 1994[16]
(as part of Yugoslavia)
No Yes Yes Banned by the constitution[42] Yes The transgendered community are not acknowledged by the Constitution and while there are no known laws outlawing or criminalizing transsexuals, their rights are not protected by the Constitution despite there being no laws for or against them in the Constitution. [43]
Northern Cyprus TRNC
(recognised only by the Republic of Turkey)
No Male illegal
Yes Female legal[16]
No No No No No

References

  1. ^ Perspective: what has the EU done for LGBT rights?, Café Babel 17/05/10
  2. ^ What is the current legal situation in the EU?, ILGA Europe
  3. ^ http://www.amnesty.org/en/news/austria-reform-needed-after-european-court-adoption-victory-lesbian-couple-2013-02-19
  4. ^ "Zakon o suzbijanju diskriminacije". Narodne-novine.nn.hr. 21 July 2008. Retrieved 30 September 2010.
  5. ^ a b c d e f g h i j k l m n o Rainbow Europe Country Index
  6. ^ http://www.spiegel.de/international/germany/german-court-strengthens-gay-and-lesbian-adoption-rights-a-884278.html
  7. ^ Impey, Joanna (24 April 2011). "Hungarian president signs new constitution despite human rights concerns". Deutsche Welle. Retrieved 16 May 2011.
  8. ^ The Constitution of the Republic of Poland
  9. ^ see for example: T. Smyczynski, Prawo rodzinne i opiekuńcze, C.H. Beck 2005
  10. ^ http://www.ziare.com/remus-cernea/stiri-remus-cernea/remus-cernea-are-o-noua-idee-vrea-parteneriat-civil-pentru-homosexuali-1229825
  11. ^ "Transsexualismul in Romania". Accept Romania. Retrieved 2 December 2012.
  12. ^ Homophobia and Discrimination on Grounds of Sexual Orientation and Gender Identity in the EU Member States Part II: The Social Situation
  13. ^ Law change criminalises homophobia
  14. ^ a b c d e f g h i j k l m Map shows how Europe forces trans people to be sterilized
  15. ^ Template:Fr icon Avis de droit OFEC: Transsexualisme, Federal Department of Justice and Police, retrieved on 9 May 2013
  16. ^ a b c d e f g h i j k l m n o p q "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). The International Lesbian, Gay, Bisexual, Trans and Intersex Association. Retrieved 21 May 2013.
  17. ^ "Armenia: Gays live with threats of violence, abuse". United Nations High Commissioner for Refugees. 30 March 2010. Retrieved 8 June 2012.
  18. ^ "Belarus: Attitude towards homosexuals and lesbians in Belarus; state protection available to non-heterosexuals in Belarus with special attention to Minsk (2000-2005)". United Nations High Commissioner for Refugees. 17 January 2006. Retrieved 11 August 2012.
  19. ^ http://www.pinknews.co.uk/2013/09/03/comment-with-all-eyes-on-anti-gay-russia-there-are-three-countries-with-a-shocking-need-for-coverage/
  20. ^ http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=45813
  21. ^ Family Code, https://www.riigiteataja.ee/akt/1011053, § 75
  22. ^ Human rights also for transsexuals (in Finnish)
  23. ^ http://www.apollo.lv/zinas/cik-viegli-parversties-no-ievas-par-adamu/374896
  24. ^ "Norwegian Penal code, Straffelov­en, section 135a" (in Norwegian). Lovdata. {{cite web}}: soft hyphen character in |title= at position 35 (help)
  25. ^ "Albania protects LGBT people from discrimination". ILGA-Europe. 5 February 2010. Retrieved 5 February 2010.
  26. ^ Gibraltar court rules denial of joint adoption by lesbian couple illegal
  27. ^ EQUALITY RIGHTS GROUP WELCOMES GAY & STRAIGHT ADOPTION RULING
  28. ^ "Legge 14 Aprile 1982, n. 164 (GU n. 106 del 19/04/1982) Norme in Materia di Rettificazione di Attribuzione di Sesso" (in Italian). Archived from the original on 2007-05-23.
  29. ^ MACEDONIA MUST PROTECT LGBT PEOPLE
  30. ^ Montenegro fulfils EU membership requirement and protects LGBT people from discrimination
  31. ^ [1]
  32. ^ http://www.boe.es/buscar/doc.php?id=BOE-A-2007-5585
  33. ^ [2]
  34. ^ http://www.time.com/time/world/article/0,8599,1968767,00.html
  35. ^ Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011
  36. ^ a b "The Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004". Guernsey Legal Resources. Retrieved 30 September 2010.
  37. ^ "Equal Status Act, 2000". Irishstatutebook.ie. 26 April 2000. Retrieved 11 July 2010.
  38. ^ Prohibition of Incitement To Hatred Act, 1989 - Irish Statute Book
  39. ^ Anti-discrimination legislation approved in Jersey
  40. ^ GENDER RECOGNITION (JERSEY) LAW 2010
  41. ^ Criminal Justice and Immigration Act 2008 (c. 4)
  42. ^ Fundamental Rights and Freedoms
  43. ^ Kosovo: what does the future hold for LGBT people