How well are LGBTQ+ rights protected across Europe?
After the attack on Berlin’s Pride event on Saturday, the situation of the LGBTQ+ community in Germany is a topic of conversation. How well are
After the attack on Berlin’s Pride event on Saturday, the situation of the LGBTQ+ community in Germany is a topic of conversation. How well are queer rights protected in other European countries? An overview. Germany is still reeling from the weekend's car attack on its Berlin Pride celebration. Politicians are deep in discussion over which consequences the country should draw. The center-left Social Democrats (SPD) are now mounting another effort to have LGBTQ+ rights enshrined in the German constitution, known as the Basic Law. Article 3 of the Basic Law addresses equality before the law, and currently states that, "no person shall be favored or disfavored because of sex, parentage, race, language, homeland and origin, faith or religious or political opinions. No person shall be disfavored because of disability." But no mention is made of gender identity or sexual orientation. The SPD wants to change that. Calls for political consequences after Berlin Pride attack To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video Germany: progressive, but with gaps Germany still has areas in which queer people — that is, individuals who identify as lesbian, gay, bisexual, transgender, intersex, asexual, non-binary, pangender and otherwise — are not yet fully equal under the law. In addition to the lack of constitutional protection, parentage law is a concern as well. When a heterosexual couple has a child, the biological mother and her husband are automatically recognized as the child's legal parents. (When a heterosexual couple is unmarried, the biological father must submit a formal declaration to the youth welfare office to recognize his paternity to legally be considered the child's father.) In queer family constellations, however, the legal situation is far more complex and often requires lengthy legal proceedings to establish parentage. Surrogacy, meanwhile, is illegal in German — a position the ruling conservative Christian Democratic (CDU) party has held for years.
Despite having defended this position in the past, high-ranking CDU politician Jens Spahn recently disclosed he had sidestepped this ban and that he and his husband received a child via surrogacy in the US. He was pressured to resign from his position as parliamentary group leader as a result. Hate crimes and violent attacks on queer people have increased, and many continue to report discrimination in their daily lives. But compared with other European nations, Germany still ranks relatively highly in terms of legal equality for queer people. In a cross-comparison of 49 European countries, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), a global umbrella organization for LGBTQ+ advocacy groups, ranks Germany seventh in terms of protection and equality for queer residents. Spain holds first place, while Russia comes in last place. Spain: a pioneer in Europe Spain's pioneering role in LGBTQ+ rights is rooted in its recent history. Before the end of Francisco Franco's dictatorship in 1975, queer people in Spain were persecuted and imprisoned. The transformation that followed brought about a wave of liberalization and modernization. The process of decriminalizing homosexuality began in 1979. In 2005, Spain opened marriage to same-sex couples, including full adoption rights. In 2023, the Spanish parliament passed a comprehensive self-determination law. Any person aged 16 or older can now change their legal gender and first name in official documents with a simple declaration at the civil registry office. Transgender identities are no longer classified as disorders in Spain's healthcare system. Spain also has strong anti-discrimination laws, an independent equality authority, and a legal requirement for companies with more than 50 employees to implement active inclusion and diversity plans for LGBTQ+ staff. According to regular surveys, these legal advances enjoy the support of a broad majority of Spain's population. Pride events such as Madrid Pride are among the largest in the world and receive support from government institutions across the political spectrum.
The BriefWire