Protecting LGBTIQ Rights in Europe and the World

Despite the emergence of a wide range of legal frameworks aimed at protecting the rights of LGBTIQ people over recent decades, the growth of anti-LGBTIQ sentiment in many countries in recent years combined with a pushback against legal protections for LGBTIQ people damages the progress which has been made and threatens to undermine the rule of law.

This paper assesses the key legal frameworks which extend LGBTIQ specific protections. First, by looking at the key European frameworks, i.e., the European Union and the Council of Europe. Second, by looking at the key international frameworks, i.e., the United Nations human rights system and the Yogyakarta Principles.

It is contended that despite the existence of robust legal frameworks at the regional and international level, which provide solid protections to LGBTIQ people, the slow rate of uptake and inadequate implementation at Member State level has significantly hampered further progress.

Moreover, while such legal frameworks are an essential prerequisite for eliminating discrimination against LGBTIQ people, it has become increasingly clear that they can only be effective in an environment anchored in the rule of law.