Briefing: EU anti-discrimination law must protect LGBTI persons with disabilities



Briefing: EU anti-discrimination law must protect LGBTI persons with disabilities

Our briefing with ILGA-Europe, released today, calls on the EU to expand its anti-discrimination laws and ensure LGBTI persons with disabilities are protected from discrimination. The briefing “Policy recommendations on intersectionality between disability and LGBTI” builds on results from a 2020 report from the EU Fundamental Rights Agency that showed that LGBTI persons with disabilities were particularly discriminated against and faced several challenges, especially:

  • Economic hardship
  • Inadequate access to healthcare
  • Harassment and violence

The briefing then explores gaps in EU law and policy, the most glaring of which included:

  • The fact that EU law does not prohibit discrimination based on sexual orientation or gender identity, nor discrimination based on disability outside the field of employment and vocational training.
  • EU Equality Strategies do not foresee targeted actions that address the needs of people living at the intersection of these identities. This includes the EU LGBTIQ Equality Strategy and the EU Disability Rights Strategies.

The organisations, therefore, call on the EU to close the gaps through:

  • Broadening EU anti-discrimination legislation to explicitly cover sexual orientation, gender identity and sex characteristics, and disability across all areas of life, including healthcare, social services, housing, and education, beyond employment and vocational training.
  • Strengthening of the intersectional approach in the development, transposition and monitoring of EU laws: ensure a systematic inclusion of these issues in all EU laws, particularly those related to gender-based violence, combating poverty, hate speech and hate crimes.
  • Ensure the EU Equality Strategies consider the specific needs and demands of multiply marginalised people.
  • Establish clear monitoring mechanisms to ensure initiatives are reaching and supporting LGBTI persons with disabilities and other multiply marginalised groups.
  • Increase of disaggregated data collection and intersectional research, particularly regarding social, economic, and healthcare disparities and violence and abuse.
  • Create EU-funded programmes to support LGBTI persons with disabilities, with resources for tailored mental health services, accessible healthcare, safe and inclusive housing options, and protection from violence and harassment.

Finally, the organisations underline that all these recommendations must be put into practice with the close involvement and consultation of representative organisations defending their rights.