On the International Day Against Homophobia on May 17, ILGA has published its 11th edition of State Sponsored Homophobia report. It is a world survey of sexual orientation laws investigated from different aspects.

ILGA is a worldwide federation of 1,200 member organizations from 125 countries campaigning for lesbian, gay, bisexual, trans and intersex rights. State Sponsored Homophobia is a fundamental resource for human rights defenders, civil organizations, media, governmental and UN agencies and other participants interested in sexual orientation laws.

The most important numbers

According to the report, there are 119 UN member states where there are no legal penalties for same-sex sexual acts between consenting adults, but there are still 75 states classified as "criminalizing states" due to the fact that same-sex sexual acts are illegal, or the states have repressive regimes and same-sex relations are severely outlawed.

In states like this, arrests under these laws are highly common. A total of 103 countries in the world have a law on equal age of consent.

The most disturbing information is that there are still UN member states, mainly in Africa and Asia, where the death penalty may be applied for same-sex sexual acts.

There are many countries with more positive and protective laws. Seventy UN members have laws protecting LGBTI community from discrimination in the workplace on the basis of sexual orientation and 13 states contain constitutional provision that specify sexual orientation in their discrimination clauses.

Forty states have enacted legislation combating hate crime and incitement to hatred. Concerning same-sex marriages and civil unions, there are 22 states recognizing the former and 24 states the latter.

Colombia and Portugal were the latest to pass joint adoption laws, which means that there are currently 26 states providing for this, and there are 23 UN states that allow for same-sex second parent adoption.

Alarming situation in Italy

In Italy, same-sex sexual acts are legal and, since 1890, have had the same age of consent as heterosexual sex acts. The country prohibited discrimination in employment based on sexual orientation in a law in 2003, but there is no constitutional prohibition of discrimination on the grounds of sexual orientation.

Hate crimes based on sexual orientation are not considered as aggravating circumstance in criminal cases and incitement to hatred based on sexual orientation is not prohibited in Italy.

Only 13 European countries have accepted laws allowing marriages between same-sex couples; Italy is not among them. This May, civil unions between same-sex couples were recognized for the first time, but second-parent adoption is allowed only in parts of Italy, mainly through the rulings of Italian courts.

Around Europe

The most dramatic changes came from Malta, the smallest EU country, which rose to the top of ILGA-Europe’s Rainbow Index country ranking in 2015 on the human rights situation of LGBTI people.

With unprecedented leadership on the issue from national politicians, Malta adopted groundbreaking legislation and comprehensive public policies.

In Ireland, an overwhelming majority of people from all over the country voted in favor of marriage equality.

One of the most important developments of 2015 was related to the growing recognition of the human rights of trans and intersex people. National and European institutions have learned more about the situation of intersex people and taken action to protect their rights.

One of the most concerning ongoing trends is the worsening environment for civil society. Restrictions have been placed on NGOs, including LGBTI groups, in different countries, legal and administrative barriers are making the existence of NGOs harder and it is an increasing tendency of governments to ignore civil society in the decision-making process.

Serious changes are needed in the world

Steady and concrete legislative and policy measures have to be taken for people belonging to the LGBTI community. Active political leadership, in national parliaments and EU institutions, is essential for progress.

Public support for the human rights of LGBTI people is growing, but in the political arena, laws must be implemented to create permanent changes, and these laws need to be useful in practice.

It is also important for governments have to focus also on the needs of older LGBTI people, LGBTI women, people of color, LGBTI people of faith and those from a mix of socio-economic backgrounds. Only in this way will profound change be possible and efficient.