Template:LGBT rights table Europe: Difference between revisions
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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. |
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|<!--Military--> [[Image:Yes check.svg|15px|Yes]] |
|<!--Military--> [[Image:Yes check.svg|15px|Yes]] |
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|<!--Anti-discrimination--> [[Image:Yes check.svg|15px|Yes]] |
|<!--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> |
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|<!--Gender identity/expression--> [[Image:X mark.svg|15px|No]] Legislation to recognise gender identity pending after High Court ruling in favour. |
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| {{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> |
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Tables:
European Union
European Union member states are indicated with the EU flag in regional European sub-divisions.
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 |
---|---|---|---|---|---|---|---|
Austria | Legal since 1971 + UN decl. sign. |
Registered partnership since 2010 | / Biological step-child adoption only[3] | Bans some anti-gay discrimination | |||
Croatia | Legal since 1977 + UN decl. sign. |
Unregistered cohabitation since 2003 (civil unions proposed) | Constitutional ban since 2013 | / Single gay persons may adopt | Bans all anti-gay discrimination[4][5] | Act on the elimination of discrimination, The Law on volunteering, Electronic media Law (all including both gender identity and gender expression) | |
Czech Republic | Legal since 1962 + UN decl. sign. |
Registered partnership since 2006. | / A gay person alone may adopt (both when in registered partnership or single) | Bans some anti-gay discrimination | legal recognition granted and amendment of birth certificate after reassignment surgery/ | ||
Germany | Legal since 1969 (since 1968 in East Germany) + UN decl. sign. |
Registered partnership since 2001 | (proposed) | / Biological or successive step-child adoption only (full joint adoption proposed)[6] | Bans some anti-gay discrimination | / | |
Hungary | Legal since 1962 + UN decl. sign. |
Registered partnership since 2009 | Constitutional ban since 2012[7] | Bans some anti-gay discrimination | |||
Liechtenstein | Legal since 1989 + UN decl. sign. |
Registered partnership since 2011 | N/A | ||||
Poland | 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. |
Constitution defines marriage as "a union of a man and a woman"[8] | / Single gay persons may adopt | Bans some anti-gay discrimination | legal recognition and birth certificates amended, including. In 1983, the Supreme Court ruled reassignment surgery is not a prerequisite for legal recognition.[9] | ||
Romania | Legal since 1996 Previously legal from 1864 to 1968. + UN decl. sign. |
(proposed in 2013)[10] | / Single gay persons may adopt. | Bans all anti-gay discrimination[5] | / Legal recognition and birth certificates amended after reassignment surgery[11] | ||
Slovakia | Legal since 1962 + UN decl. sign. |
Bans all anti-gay discrimination[12][13] | |||||
Slovenia | Legal since 1977 + UN decl. sign. |
Registered partnership since 2006 | Bans all anti-gay discrimination | Gender change not legal.[14] | |||
Switzerland | Legal (Geneva, Vaud, Valais and Ticino: since 1798 Nationwide since 1942) + UN decl. sign. |
Registered partnership since 2007 | / Biological step-child adoption only.[citation needed] | Bans some anti-gay discrimination | 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 | Legal since 2003[16] + UN decl. sign. |
/ No explicit ban. However, LGB persons have been reportedly discharged because of their sexual orientation.[17] | |||||
Azerbaijan | Legal since 2000 | (Requires sterilization for change).[14] | |||||
Belarus | Legal since 1994 | Constitutional ban since 1994. | / Banned from military service during peacetime, but during wartime homosexuals are permitted to enlist as partially able.[18] | gay activism/expression deemed terrorism [19] | |||
Georgia | Legal since 2000 + UN decl. sign. |
Bans some anti-gay discrimination | (Requires sterilization for change).[14] | ||||
Russia (incl. all constituent regions) |
Legal since 1993 Previously legal from 1917 to 1930. |
Bans homosexual "propaganda" | (Requires sterilization for change).[14] | ||||
Ukraine | Legal since 1991 + UN decl. sign. |
Constitution defines marriage as "a union of a man and a woman" | (proposed)[20] | (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 |
---|---|---|---|---|---|---|---|
Denmark | Legal since 1933 + UN decl. sign. |
Legal since 1989. First country to legalise same-sex unions. Replaced in 2012 by gender neutral marriage law. | Legal since 2012 | Bans all anti-gay discrimination[16][5] | |||
Estonia | Legal since 1992 + UN decl. sign. |
(proposed) | Single persons may adopt. Two people can adopt a child only if they are married.[21] | Bans some anti-gay discrimination[5] | |||
Faroe Islands (constituent country of the Kingdom of Denmark) |
Legal since 1933 | (proposed) | (proposed) | (Denmark responsible for defence) | Bans some anti-gay discrimination[5] | ||
Finland | Legal since 1971 + UN decl. sign. |
Legal since 2002 | (under consideration) | / Step-child adoption only (full joint adoption under consideration) | Bans some anti-gay discrimination[5] | Legal change and recognition is possible only with sterilization[22] | |
Greenland (constituent country of the Kingdom of Denmark) |
Legal since 1933 + UN decl. sign via Denmark |
Legal since 1996 | / Step-child adoption only | (Denmark responsible for defence) | Bans some anti-gay discrimination | ||
Iceland | Legal since 1940 + UN decl. sign. |
Legal since 1996 | Legal since 2010 | Legal since 2006 | N/A | Bans all anti-gay discrimination[5] | Documents can be amended to the recognised gender. |
Latvia | Legal since 1992 + UN decl. sign. |
Constitutional ban since 2006 |
An unmarried person may adopt child alone. Adoption by multiple persons that are not married banned. | Bans some anti-gay discrimination | Documents are amended accordingly, no medical intervention required.[23] | ||
Lithuania | Legal since 1993 + UN decl. sign. |
Constitutional ban since 1992 |
Only married couples can adopt | Bans all anti-gay discrimination[5] | Gender change not legal.[14] | ||
Norway | Legal since 1972 + UN decl. sign. |
Legal since 1993 | Legal since 2009 | Legal since 2009 | Bans all anti-gay discrimination.[24][5] | All documents can be amended to the recognised gender. | |
Sweden | Legal since 1944 + UN decl. sign. |
Legal since 1995 | Legal since 2009 | Legal since 2003 | Bans all anti-gay discrimination[16] |
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 | Legal since 1995 + UN decl. sign. |
Bans all anti-gay discrimination[25] | Gender change not legal.[14] Forbids discrimination based on gender identity. | ||||
Andorra | Legal since 1791 (as part of France) + UN decl. sign. |
Legal since 2005 | Legal since 2005 | N/A | Bans all anti-gay discrimination[5] | Gender change not legal.[14] | |
Bosnia and Herzegovina | Legal since 1998 + UN decl. sign. |
Bans some anti-gay discrimination | |||||
Bulgaria | Legal since 1968[16] + UN decl. sign. |
Constitution defines marriage as "a union of a man and a woman" | / Single gay persons may adopt. | Bans all anti-gay discrimination | |||
Cyprus | Legal since 1998 + UN decl. sign. |
(proposed) | Homosexuals are barred from serving in the military, on the grounds that homosexuality is a mental illness. | Bans all anti-gay discrimination | Forbids discrimination based on gender identity. | ||
Gibraltar (overseas territory of the United Kingdom) |
Legal since 1993 | (proposed) | Legal since 2013[26][27] | UK responsible for defence | Bans some anti-gay discrimination | ||
Greece | Legal in 1951 (Age of consent discrepancy).[16] + UN decl. sign. |
(proposed) | Bans some anti-gay discrimination | ||||
Italy | Legal since 1890 + UN decl. sign. |
(proposed) | Only married couples can adopt | Bans some anti-gay discrimination | Since 1982 legal recognition and documents can be amended to the recognised gender.[28] | ||
Macedonia | Legal since 1996[16] + UN decl. sign. |
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] | |||||
Malta | Legal since 1973 + UN decl. sign. |
(Civil union bill pending a vote by parliament) | / Single gay persons can adopt | Bans some anti-gay discrimination | All documents can be amended to the recognised gender. | ||
Moldova | Legal since 1995[16] | Constitutional ban since 1994. | Bans some anti-gay discrimination | (Requires sterilization for change).[14] | |||
Montenegro | Legal since 1977 + UN decl. sign. |
Constitutional ban since 2007. | Bans all anti-gay discrimination[30] | (Requires sterilization for change).[14] Forbids discrimination based on gender identity. | |||
Portugal | Legal since 1983[16] + UN decl. sign. |
Legal since 2001 | Legal since 2010 | Bans all anti-gay discrimination, according to national Constitution.[5] | Since 2011, All documents can be amended to the recognised gender. | ||
San Marino | Legal since 2001 + UN decl. sign. |
/ (Only immigration right) | Gender change not legal.[14] | ||||
Serbia | Legal since 1994 + UN decl. sign. |
Constitution defines marriage as "a union of a man and a woman" | Bans all anti-gay discrimination[31] | ||||
Spain | Legal since 1979[16] + UN decl. sign. |
Legal since 1998 | Legal since 2005 | Bans all anti-gay discrimination[5] | Since 2007, All documents can be amended to the recognised gender (Ley 3/2007[32]). | ||
Turkey | Legal since 1858 | (Constitutional protection is drafted, awaits to be enacted) | (Requires sterilization for change).[14] | ||||
Vatican City | Legal[16] |
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 |
---|---|---|---|---|---|---|---|
Belgium | Legal since 1795[16] (as part of France) + UN decl. sign. |
Legal since 2000 | Legal since 2003 | Legal since 2006 | Bans all anti-gay discrimination[5] | The 2007 law concerning transsexuality grants the right to a legal name and gender change | |
France | Legal since 1791 + UN decl. sign. |
Civil solidarity pact since 1999 | Legal since 2013 | Legal since 2013 | Bans all anti-gay discrimination[16][5] | (Requires sterilization for change).[14] Gender identity protected from discrimination. [33] Not a mental illness. [34] | |
Guernsey (incl. Alderney, Herm and Sark) (Crown dependency of the United Kingdom) |
Legal since 1983, age of consent unequal[16][35] | (proposed) | UK responsible for defence | Bans some anti-gay discrimination[36] | [36] | ||
Ireland | Legal since 1993 + UN decl. sign. |
Legal since 2011 | (pending a scheduled referendum) | / Single gay persons may adopt. Step Child adoption under consideration. | Cite error: A <ref> tag is missing the closing </ref> (see the help page).[37][38]
|
Legislation to recognise gender identity pending after High Court ruling in favour. | |
Isle of Man (Crown dependencies of the United Kingdom) |
Legal since 1992 + UN decl. sign |
Legal since 2011 | UK responsible for defence | Bans all anti-gay discrimination | |||
Jersey (Crown dependency of the United Kingdom) |
Legal since 1990[16] | Legal since 2012 | UK responsible for defence | [39] | Gender Recognition (Jersey) Law 2010[40] | ||
Luxembourg | Legal since 1795 (as part of France) + UN decl. sign. |
Legal since 2004 | (pending) | Bans some anti-gay discrimination | |||
Monaco | Legal since 1793 (as part of France) | France responsible for defence | |||||
Netherlands | Legal since 1811 (as part of France) + UN decl. sign. |
Legal since 1998 | Legal since 2001. First country to legalise same-sex marriage. | Bans all anti-gay discrimination[5] | |||
United Kingdom | Legal in England and Wales since 1967 in Scotland since 1981 in Northern Ireland since 1982 + UN decl. sign. |
Civil partnership since 2005 | Legal in England and Wales from 2014 Pending in Scotland for 2014 Illegal in Northern Ireland |
Legal in England and Wales since 2005 in Scotland since 2009 Illegal in Northern Ireland, pending judicial review |
Bans all anti-gay discrimination[41][16] | 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 | Legal since 1994[16] (as part of Yugoslavia) |
Banned by the constitution[42] | 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] | ||||
TRNC (recognised only by the Republic of Turkey) |
Male illegal Female legal[16] |
References
- ^ Perspective: what has the EU done for LGBT rights?, Café Babel 17/05/10
- ^ What is the current legal situation in the EU?, ILGA Europe
- ^ http://www.amnesty.org/en/news/austria-reform-needed-after-european-court-adoption-victory-lesbian-couple-2013-02-19
- ^ "Zakon o suzbijanju diskriminacije". Narodne-novine.nn.hr. 21 July 2008. Retrieved 30 September 2010.
- ^ a b c d e f g h i j k l m n o Rainbow Europe Country Index
- ^ http://www.spiegel.de/international/germany/german-court-strengthens-gay-and-lesbian-adoption-rights-a-884278.html
- ^ Impey, Joanna (24 April 2011). "Hungarian president signs new constitution despite human rights concerns". Deutsche Welle. Retrieved 16 May 2011.
- ^ The Constitution of the Republic of Poland
- ^ see for example: T. Smyczynski, Prawo rodzinne i opiekuńcze, C.H. Beck 2005
- ^ http://www.ziare.com/remus-cernea/stiri-remus-cernea/remus-cernea-are-o-noua-idee-vrea-parteneriat-civil-pentru-homosexuali-1229825
- ^ "Transsexualismul in Romania". Accept Romania. Retrieved 2 December 2012.
- ^ Homophobia and Discrimination on Grounds of Sexual Orientation and Gender Identity in the EU Member States Part II: The Social Situation
- ^ Law change criminalises homophobia
- ^ a b c d e f g h i j k l m Map shows how Europe forces trans people to be sterilized
- ^ Template:Fr icon Avis de droit OFEC: Transsexualisme, Federal Department of Justice and Police, retrieved on 9 May 2013
- ^ 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.
- ^ "Armenia: Gays live with threats of violence, abuse". United Nations High Commissioner for Refugees. 30 March 2010. Retrieved 8 June 2012.
- ^ "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.
- ^ 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/
- ^ http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=45813
- ^ Family Code, https://www.riigiteataja.ee/akt/1011053, § 75
- ^ Human rights also for transsexuals (in Finnish)
- ^ http://www.apollo.lv/zinas/cik-viegli-parversties-no-ievas-par-adamu/374896
- ^ "Norwegian Penal code, Straffeloven, section 135a" (in Norwegian). Lovdata.
{{cite web}}
: soft hyphen character in|title=
at position 35 (help) - ^ "Albania protects LGBT people from discrimination". ILGA-Europe. 5 February 2010. Retrieved 5 February 2010.
- ^ Gibraltar court rules denial of joint adoption by lesbian couple illegal
- ^ EQUALITY RIGHTS GROUP WELCOMES GAY & STRAIGHT ADOPTION RULING
- ^ "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.
- ^ MACEDONIA MUST PROTECT LGBT PEOPLE
- ^ Montenegro fulfils EU membership requirement and protects LGBT people from discrimination
- ^ [1]
- ^ http://www.boe.es/buscar/doc.php?id=BOE-A-2007-5585
- ^ [2]
- ^ http://www.time.com/time/world/article/0,8599,1968767,00.html
- ^ Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011
- ^ a b "The Prevention of Discrimination (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004". Guernsey Legal Resources. Retrieved 30 September 2010.
- ^ "Equal Status Act, 2000". Irishstatutebook.ie. 26 April 2000. Retrieved 11 July 2010.
- ^ Prohibition of Incitement To Hatred Act, 1989 - Irish Statute Book
- ^ Anti-discrimination legislation approved in Jersey
- ^ GENDER RECOGNITION (JERSEY) LAW 2010
- ^ Criminal Justice and Immigration Act 2008 (c. 4)
- ^ Fundamental Rights and Freedoms
- ^ Kosovo: what does the future hold for LGBT people