- Download Policy recommendations on intersectionality between disability and Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) in Word (2MB)
- Download Policy recommendations on intersectionality between disability and Lesbian, Gay, Bisexual, Transgender, and Intersex (LGTBI) in PDF
Introduction
In December 2023, ILGA-Europe published a briefing on intersection analysing the results of the FRA LGBTI Survey II from a disability perspective.
This briefing summarised the most relevant data about the experiences of LGBTI persons with disabilities in Europe from Fundamental Rights Agency LGBTI Survey II and reflected on the causes of barriers, marginalisations and exclusion they face. The European Disability Forum actively provided feedback and analysis for the publication of the briefing.
Building on this work, EDF and ILGA-Europe present joint policy recommendations on how to address the intersectionality between disability and LGBTI identities in the design and adoption of future EU laws and policies relevant to LGBTI people with disabilities.
LGBTI people with disabilities in the EU
Many lesbians, gays, bisexuals, trans, and intersex (LGBTI) people with disabilities are at risk of multiple and intersectional forms of discrimination in all areas of life in the EU. This is particularly true in the areas of education, employment and healthcare.
The analysis of the FRA LGBTI Survey II confirmed that LGBTI people with disabilities face unique challenges and experiences compared to all respondents who participated in the survey. Some of the key issues shared in the briefing are the following:
- Economic hardship: LGBTI people with disabilities, particularly trans women with disabilities, struggled more to make ends meet, and individuals with intersecting identities, such as trans respondents with disabilities who are also ethnic minorities or intersex, were more likely to experience homelessness.
- Inadequate access to healthcare: LGBTI persons with disabilities faced significant barriers in accessing healthcare services. Trans women, intersex, and non-binary individuals reported the highest levels of difficulty in accessing healthcare. High rates of inappropriate curiosity or comments from healthcare providers were reported.
- Discrimination: LGBTI people with disabilities experienced elevated levels of discrimination across various aspects of life, including in workplace, healthcare or social services, and in public establishments. Highest levels of discrimination were reported by trans individuals, ethnic minorities, and trans women with disabilities.
- Harassment and violence: LGBTI people with disabilities, especially intersex, trans women, and non-binary individuals, reported facing higher rates of harassment, including offensive comments, physical, and sexual attacks, often perpetrated by family, acquaintances, neighbours, and public servants.
Some areas not covered by the survey are thus not mentioned above, but are cause of concerns for our organisations. For example, LGBTI people with disabilities who do not receive support to live independently and in the community, may have their sexuality and/or gender identity controlled or denied, facing violence and abuse in their own home. Similarly, LGBTI people with disabilities living in closed settings (such as residential or psychiatric institutions) can face specific and numerous issues, from abuse when they express their sexual orientation or gender identity, to lack of access to gender affirming healthcare services and support. It is also important to note that trans and intersex people and persons with some types of disability may rely on healthcare services more heavily, and yet face additional barriers when it comes to access and quality services.
Overall, we note a lack of access, space and visibility for and of LGBTI people with disabilities to express their concerns and claim their fundamental rights at national and European level.
Gaps in EU law and policy
Currently, 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. This means that discrimination based on one or a combination of these grounds is not illegal under EU law and is only prohibited where Member States adopted specific legislation, which is different from one country to another. This results in difference of treatment across the EU, which impacts the EU right to freedom of movement.
Under its last mandate, the European Commission decided to advance the rights of persons with disabilities and LGBTI people through the development of targeted strategies. These strategies were welcome by our movements; however, they still contain gaps, including when it comes to addressing intersectionality.
The LGBTIQ Equality Strategy 2020-2025 of the European Commission recognises that LGBTI people “who have disabilities, are elderly, migrants, or come from ethnic or religious minority background are particularly vulnerable to discrimination” and that the pandemic increased this vulnerability. It also recognises that “research on the intersectional experiences of LGBTIQ+ people, as those who are elderly or with disabilities, is often lacking”.
The EU Strategy on the Rights of Persons with Disabilities 2021-2030 calls for attention to intersectional discrimination, including based on sexual orientation and gender identity. Yet, it lacks specific insights into the situation of LGBTI persons with disabilities and does not propose targeted actions to improve and guarantee their rights.
As the LGBTIQ equality strategy must be renewed after 2025 and the activities under the Strategy on the rights of persons with disabilities must be reviewed and expanded, it is the opportunity to enhance EU policies to better address intersectional challenges faced by LGBTI persons with disabilities.
Recommendations
The EU does not sufficiently address the intersection between disability, sexual orientation and gender identities in its laws and policies.
Our organisations call for:
- Expansion of protection against discrimination: broaden 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 development, transposition and monitoring of EU laws: ensure that the intersectional approach is more systematically included in all issues important for LGBTI people with disabilities. For example, this is particularly important in relation to recent initiatives on combating gender-based violence. As the EU ratified the Istanbul Convention and adopted an EU directive on combating violence against women and domestic violence, the EU and its Member States should support and pay particular attention to forms of violence and support provided to LGBTI persons with disabilities, considering intersectional factors, providing accessible reporting mechanisms, and ensure safe access to legal support, and counselling services for everyone. The EU should also include the intersection between disability, sexual orientation, gender identity and sex characteristics in any future work on combating hate speech and hate crime, any initiatives on combating poverty, etc. The EU must identify people who are the most marginalised, i.e. those experiencing intersecting discrimination, as target groups and ensure planned policies and interventions, support services and prevention mechanisms supports and actively helps them, so that the planned policies are leaving no one behind.
- Strengthening of the intersectional approach in EU Strategies: in the renewal of the LGBTIQ Equality Strategy (post-2025) and the ongoing Disability Rights Strategy, explicitly address the unique barriers faced by LGBTI persons with disabilities, with concrete actions and measurable objectives. For example, in future actions under the Disability Strategy, EDF calls for several initiatives in which sexual orientation, gender identity and sex characteristics must be included by the European Commission as specific grounds, such as an action plan on equality and intersectionality, a FRA’s Disability Survey (similar to the FRA LGBTI Survey) and an EU study on disability hate speech and hate crime.
- Establishment of clear monitoring mechanisms: introduce regular reporting and assessment mechanisms for EU institutions and Member States to track the implementation of intersectional measures within both the LGBTIQ Equality and Disability Rights Strategies, fostering transparency and accountability in achieving inclusive policies. Representative organisations of persons with disabilities and LGBTI organisations should be involved in such monitoring and evaluation.
- Increase of disaggregated data collection and intersectional research: support research initiatives focused on the intersectional experiences of LGBTI persons with disabilities, particularly regarding social, economic, and healthcare disparities, as well as reported instances of violence and abuse. This data should guide evidence-based policymaking and targeted interventions. It should cover LGBTI persons with disabilities who do not receive support to live independently.
- Development of targeted support programmes: 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. For programmes supporting the transition of persons with disabilities from institutions to independent living and community-based care, ensure that targeted support is also provided to people leaving institutions to enable them to explore and live according to their sexual orientation, gender identity and sex characteristics, including through peer support groups. These support programmes mentioned above could, for example, support the comprehensive and efficient implementation of relevant EU laws, such as the EU victims’ rights directive and the newly adopted EU directive on combating violence against women, or policies such as the EU guidelines on deinstitutionalisation.
Finally, the development of any initiative related to LGBTI persons with disabilities should include the close involvement and consultation of representatives’ organisations defending their rights.