5. Fully guaranteeing freedom of expression and freedom of assembly is not just vital in any democraticsociety, but also a human rights obligation. The Assembly regrets that equality before the law, particularly forLGBTI persons, has not yet been fully achieved throughout Europe. It is especially concerned at the risingnumber of attacks on transgender people. It calls for transgender people’s rights to be respected and for theirprotection in all circumstances and strongly condemns hate speech and transphobic violence against them.

6. The Assembly reiterates its call to the member States in Resolution 2417 (2022) “Combating rising hateagainst LGBTI people in Europe” to tackle hatred and discrimination against LGBTI persons with renewedenergy and urgency. It also emphasises the importance of implementing Recommendation CM/Rec(2010)5 ofthe Committee of Ministers to member States on measures to combat discrimination on grounds of sexualorientation or gender identity.

7. In light of these considerations, the Assembly calls on the member and observer States of the Councilof Europe, and States whose parliaments enjoy observer or partner for democracy status with the Assemblyto:

7.1. ensure that judgments of the European Court of Human Rights relating to the rights of LGBTI persons are implemented;

7.2. refrain from adopting constitutional amendments contrary to the rights of LGBTI persons and to repeal any provision of this kind already in force;

7.3. ensure that laws against hate and discrimination are enforced, to amend them if they do not yet include provisions concerning discrimination on grounds of sexual orientation, gender identity, gender expression and sex characteristics, and to step up efforts to prevent and tackle intersectional discrimination;

7.4. repeal “anti-LGBTI propaganda” laws if they have been enacted and implemented, and to allow all persons to access information about different types of sexual orientation, gender identity, gender expression and sex characteristics;

7.5. work towards annulling all declarations and charters contrary to LGBTI rights adopted at local and regional levels, where applicable;

7.6. support the visibility of LGBTI persons in the public space;

7.7. support the holding of Pride marches and other demonstrations supporting LGBTI persons’ effective enjoyment of human rights, to protect them if necessary, to take adequate measures to facilitate access to gatherings and contain counter-demonstrators, and publicly condemn all illegal interference with the exercise of freedom of expression and peaceful assembly by LGBTI persons or human rights organisations that support LGBTI rights;

7.8. investigate, prosecute and where appropriate punish perpetrators of bias-motivated violence against LGBTI persons;

7.9. effectively combat strategic lawsuits against public participation (SLAPPs);

7.10. implement Recommendation CM/Rec(2022)16 of the Committee of Ministers to member States on combating hate speech and General Policy Recommendation No. 17 of the European Commission against Racism and Intolerance (ECRI) on preventing and combating intolerance and discrimination against LGBTI persons;

7.11. establish the consultation of LGBTI organisations in legislative processes, especially in areas that may impact the human rights of LGBTI persons.

8. With regard to preventing violence, prejudice and discrimination against LGBTI persons, the Assemblycalls on the member and observer States of the Council of Europe, and States whose parliaments enjoyobserver or partner for democracy status with the Assembly to:

8.1. outlaw conversion practices, if they have not already done so, and to utilise existing domestic violence legislation to prosecute the perpetrators of conversion practices, where possible;

8.2. invest in gender equality education and to train teachers on these issues;

8.3. support programmes of sex and emotional education inclusive of LGBTI identities which are tailored to the ages of pupils in schools;

8.4. train law enforcement officers to protect specific groups, including LGBTI persons, during demonstrations and public events;

13 DE MAIO DE 2024 _____________________________________________________________________________________________________________

55