Debates Parlamentares - Diário 004, p. 54 (2024-05-13)

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Resolution 2543 (2024)1Provisional version

Freedom of expression and assembly of LGBTI people in Europe

Parliamentary Assembly

1. The rights to freedom of expression and freedom of assembly are fundamental human rights for all.Everyone must be able to enjoy these human rights equally and in safety, and the European Convention onHuman Rights (ETS No. 5) guarantees these rights. The Reykjavik Principles for Democracy, adopted in May2023 by the Heads of State and Government of the Council of Europe at the 4th Summit, reaffirm thecommitment of the member States to protecting freedom of expression and freedom of assembly.

2. Undeniable progress has been made in the advancement of rights and in preventing and tacklingviolence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people over thepast two decades. More and more European cities are holding Pride marches. However, there have also beenattacks on the freedom of expression and freedom of assembly of LGBTI persons in many member States ofthe Council of Europe. LGBTI events have been cancelled, stopped from taking place or have not beenauthorised, contrary to the case law of the European Court of Human Rights, which provides that concerns asto the maintaining of public order cannot justify banning peaceful public LGBTI events or imposingdisproportionate restrictions on them.

3. Bans on LGBTI events, crackdowns on events by law enforcement authorities, non-existent orinadequate protection against attacks on gatherings, harassment, intimidation, physical attacks, onlineattacks, threats, the adoption of “anti-LGBTI propaganda” laws and censorship are all attacks on the freedomof expression and freedom of assembly of LGBTI persons. Attacks or obstacles intended to deny LGBTIpersons these rights contribute to their stigmatisation and invisibilisation and make them more vulnerable tohuman rights violations. The visibility of LGBTI persons and movements must be protected, as it is anaffirmation of the identity and existence of LGBTI persons in the public space. The Parliamentary Assemblyexpresses its serious concern for LGBTI persons living in the Russian Federation where the so-called “LGBTIinternational movement” has been designated as extremist by the country's Supreme Court, resulting in thecriminalisation of a wide range of activities related to the exercise of freedom of association, assembly, andexpression. It is imperative to safeguard the rights of LGBTI persons amidst such oppressive measures.

4. Anti-LGBTI hate speech is often used for political ends, targeting not only part of the population, whichis potentially endangered as a result, but also human rights defenders, politicians, and others who recogniseand support the equal enjoyment of human rights by LGBTI persons. The Assembly asserts that there is nosuch thing as so-called “LGBTI ideology” and that the rights of LGBTI persons are the same as those of allother people. It roundly condemns all bias-motivated speech on grounds of sexual orientation, gender identityand sex characteristics. Such hate speech fuels other bias-motivated crimes against LGBTI persons. It pointsout that political leaders have a duty to prevent and combat hate speech, whatever the motivation behind it.The creation within the Assembly of the Parliamentary Platform for the rights of LGBTI persons in Europe in2022 demonstrates this commitment.

1. Assembly debate on 17 April 2024 (11th sitting) (see Doc. 15953, report of the Committee on Equality and Non-Discrimination, rapporteur: Mr Christophe Lacroix). Text adopted by the Assembly on 17 April 2024 (11th sitting).

https://pace.coe.int

II SÉRIE-D — NÚMERO 4 ____________________________________________________________________________________________________________

Resolution 2543 (2024)1Provisional versionFreedom of expression and assembly of LGBTI people in EuropeParliamentary Assembly1. The rights to freedom of expression and freedom of assembly are fundamental human rights for all.Everyone must be able to enjoy these human rights equally and in safety, and the European Convention onHuman Rights (ETS No. 5) guarantees these rights. The Reykjavik Principles for Democracy, adopted in May2023 by the Heads of State and Government of the Council of Europe at the 4th Summit, reaffirm thecommitment of the member States to protecting freedom of expression and freedom of assembly.2. Undeniable progress has been made in the advancement of rights and in preventing and tacklingviolence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people over thepast two decades. More and more European cities are holding Pride marches. However, there have also beenattacks on the freedom of expression and freedom of assembly of LGBTI persons in many member States ofthe Council of Europe. LGBTI events have been cancelled, stopped from taking place or have not beenauthorised, contrary to the case law of the European Court of Human Rights, which provides that concerns asto the maintaining of public order cannot justify banning peaceful public LGBTI events or imposingdisproportionate restrictions on them.3. Bans on LGBTI events, crackdowns on events by law enforcement authorities, non-existent orinadequate protection against attacks on gatherings, harassment, intimidation, physical attacks, onlineattacks, threats, the adoption of “anti-LGBTI propaganda” laws and censorship are all attacks on the freedomof expression and freedom of assembly of LGBTI persons. Attacks or obstacles intended to deny LGBTIpersons these rights contribute to their stigmatisation and invisibilisation and make them more vulnerable tohuman rights violations. The visibility of LGBTI persons and movements must be protected, as it is anaffirmation of the identity and existence of LGBTI persons in the public space. The Parliamentary Assemblyexpresses its serious concern for LGBTI persons living in the Russian Federation where the so-called “LGBTIinternational movement” has been designated as extremist by the country's Supreme Court, resulting in thecriminalisation of a wide range of activities related to the exercise of freedom of association, assembly, andexpression. It is imperative to safeguard the rights of LGBTI persons amidst such oppressive measures.4. Anti-LGBTI hate speech is often used for political ends, targeting not only part of the population, whichis potentially endangered as a result, but also human rights defenders, politicians, and others who recogniseand support the equal enjoyment of human rights by LGBTI persons. The Assembly asserts that there is nosuch thing as so-called “LGBTI ideology” and that the rights of LGBTI persons are the same as those of allother people. It roundly condemns all bias-motivated speech on grounds of sexual orientation, gender identityand sex characteristics. Such hate speech fuels other bias-motivated crimes against LGBTI persons. It pointsout that political leaders have a duty to prevent and combat hate speech, whatever the motivation behind it.The creation within the Assembly of the Parliamentary Platform for the rights of LGBTI persons in Europe in2022 demonstrates this commitment.1. Assembly debate on 17 April 2024 (11th sitting) (see Doc. 15953, report of the Committee on Equality and Non-Discrimination, rapporteur: Mr Christophe Lacroix). Text adopted by the Assembly on 17 April 2024 (11th sitting). https://pace.coe.int II SÉRIE-D — NÚMERO 4 ____________________________________________________________________________________________________________54

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