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Discrimination on the basis of sexual orientation and
gender identity

Recommendation 1915 (2010)1

1.
Referring to its
Resolution 1728 (2010), the Parliamentary Assembly
commends the Committee of Ministers for its recommendation on
measures to combat discrimination based on sexual orientation
or gender identity (CM/Rec(2010)5).

2.       The
Assembly considers that the Council of Europe has indeed the
duty to promote a clear message of respect and
non-discrimination. In addition, the Council of Europe is
particularly well placed to develop human rights standards,
offer expertise and advice and serve as a forum for discussion
on issues related to discrimination on the basis of sexual
orientation and gender identity.

3.
Consequently, the Assembly recommends that the Committee of
Ministers:

3.1.
monitor the implementation of its recent recommendation to
member states on measures to combat discrimination on
grounds of sexual orientation or gender identity;

3.2.
define further Council of Europe action in this field, in
particular:

3.2.1.
instruct a relevant Council of Europe body to review and
address issues related to discrimination on the basis of
sexual orientation and gender identity in member states,
and provide the necessary resources to this body to carry
out this task;

3.2.2.
further mainstream issues relating to discrimination on
the basis of sexual orientation and gender identity in its
activities, and disseminate the case law of the European
Court of Human Rights on sexual orientation and gender
identity, including through publications and training
materials;

3.2.3.
in the framework of its work on children and violence,
address in particular the issue of homophobic and
transphobic bullying at school;

3.2.4.
further develop anti-discrimination and awareness-raising
programmes fostering tolerance, respect and understanding
of lesbian, gay, bisexual and transgender persons and, in
particular, organise a campaign to combat discrimination
on the basis of sexual orientation and gender
identity;

3.3
instruct the Ad hoc Committee on Preventing and
Combating Violence against Women and Domestic Violence
(CAHVIO) to include in the future Council of Europe
convention the severest and most widespread forms of
violence against women, in accordance with Assembly
Recommendation 1847 (2008), and to recognise that
lesbian, bisexual and transgender women face an increased
risk of gender-based violence (in particular rape, sexual
violence and harassment, as well as forced marriages) and
provide appropriate protection commensurate with this
increased risk.

1 Assembly debate on 29 April
2010 (17th Sitting) (see Doc.
12185, report of the Committee on Legal Affairs and Human
Rights, rapporteur : Mr Gross and Doc.
12197, opinion of the Committee on Equal Opportunities for
Women and Men, rapporteur: Mrs Memecan). Text adopted by
the Assembly on 29 April 2010 (17th
Sitting).

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