Report on the review of the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity (2025)

Fifteen years after the adoption of Recommendation CM/Rec(2010)5 of the Committee of Ministers to member States on measures to combat discrimination on grounds of sexual orientation or gender identity, the report provides a thorough overview of the state of implementation of CM/Rec(2010)5.

The picture is mixed, denoting increased polarisation.

More member States have enabled legal gender recognition based on self-determination and same-sex partnerships are legally recognised in an increased number of States, either through marriage equality or the adoption of registered partnership regimes.

Furthermore, some member States have advanced protections for intersex persons, introduced penalties to punish conversion practices and tailored anti-discrimination protections through an intersectional lens.

Progress has however not been even. Legal gender recognition has been rendered impossible in some member States, through constitutional court rulings or the enactment of legislation, despite the European Court of Human Rights having ruled on member States’ obligations in this respect.

Despite the positive trend of a rising number of LGBTI Pride marches, including outside capital cities, in other places freedom of assembly and association has been curtailed. LGBTI civil society spaces are shrinking and LGBTI human rights defenders face increasing backlash. Opposition to organising LGBTI events has led to both legislative bans and de facto bans in some State.

In this context, the Report showcases best practices from member States across all 12 thematic chapters concerned, provides policy recommendations both horizontally and thematically, and will be used as a basis for future Council of Europe work to continue advancing LGBTI human rights in Europe.