National LGBTIQ Equality Plan. Needs and Guidelines

N AAC IT OINOA LNI NAI SL

LGBTIQ LYGIATEISIŠKUMO EQUALITY PLAN PLANAS NEEDS AND GUIDELINES

FRIEDRICH 59 EBERT STIFTUNG

NATIONAL

LGBTIQ EQUALITY PLAN

NEEDS AND GUIDELINES 60

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National LGBTIQ Equality Plan. Needs and Guidelines.

This publication was produced in partnership with the Friedrich Ebert Foundation (Friedrich Ebert Stiftung, FES) and is part of the project “LGBTI Equality – A Shared Responsibility”.

CONTENTS

This publication commemorates the thirtieth anniversary of the beginning of the open LGBTIQ rights movement in Lithuania and the Lithuanian Gay League.

Compiled by Monika Antanaitytė, Eduardas Platovas, Vladimir Simonko Reviewed and contributed by Vytautas Valentinavičius Edited by Eglė Kuktoraitė Photo courtesy: Saulius Žiūra, Augustas Didžgalvis

The statements and conclusions are the sole responsibility of the authors of this publication.

1. Equality for LGBTIQ persons and the implementation of the principle of non-discrimination

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2. A brief overview of the LGBTIQ and human rights situation in Lithuania

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3. Highlights of the history of the LGBTIQ community in Lithuania: Significant events since the restoration of Lithuanian independence

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4. LGBTIQ rights issues in the context of the strategic planning of human rights in the Republic of Lithuania

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5. Recommendations (guidelines) for a National Plan on LGBTIQ Rights in Lithuania 5.1. Legal recognition and strengthening the legal framework 5.2. LGBTIQ inclusion 5.3. Security 5.4. Health 5.5. International relations

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6. Conclusions

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Print run: 50 copies ISBN 978-609-420-798-3 © Lithuanian Gay League, 2023

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Education and training: education and training are crucial for ensuring

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the long-term sustainability of human rights progress. Long-term change often requires a shift in cultural attitudes and beliefs;

Civic movement and community participation: communities and civic movements often become the forefront of change;

EQUALIT Y FOR LGBTIQ PERSONS AND THE IMPLEMENTATION OF THE PRINCIPLE OF NON-DISCRIMINATION

Monitoring and accountability: regular monitoring and accountability

The realisation of the right to non-discrimination and the development of human rights, in general, are achieved through social and political processes,1 which include:

Regarding the protection of human rights at the international level, the Office of the United Nations High Commissioner for Human Rights stresses that the protection of LGBTI persons from violence and discrimination does not require new legislation or standards in the field of human rights. States have a legal obligation to ensure the protection of LGBTI persons, which is based on the Universal Declaration of Human Rights and other international human rights treaties. The main obligations of States in relation to the protection of the human rights of LGBTI persons include obligations to: protect individuals from homophobic and transphobic violence; prevent torture and cruel, inhuman, and degrading treatment; abolish laws criminalizing same-sex relationships and transgender people; prohibit discrimination based on sexual orientation and gender identity; and ensure freedom of expression, association, and peaceful assembly for LGBTI persons.2

Social awareness: human rights progress often begins with increased public awareness of inequality and discrimination;

Legislative and policy developments: legislative and policy developments can help to institutionalise the right to non-discrimination and provide legal protection against discrimination in all its forms. Judicial processes can make significant improvements to the human rights situation through landmark decisions and legal precedents. Courts can interpret laws in ways that extend or strengthen the protection of rights;

International influence and treaties: countries frequently ratify international treaties and amend their legislation to align with international standards, resulting in advancements in the protection of human rights;

1 Donnelly, J. (2013). Universal Human Rights in Theory and Practice (NED-New edition, 3).

Cornell University Press.

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mechanisms ensure the protection, promotion, and progression of rights.

Equality for LGBTIQ individuals must be ensured at various levels, including international, regional, and national, through legally binding and non-legally binding human rights instruments.

The Constitutional Court of the Republic of Lithuania has emphasised that the constitutional order of the Republic of Lithuania is based on the priority

2 United Nations Office of the High Commissioner for Human Rights. (2019)12. Sexual orientation, gender identity and sex characteristics in international human rights law: Born free and equal (2nd ed.). https://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf 1. EQUALIT Y FOR LGBTIQ PERSONS AND THE IMPLEMENTATION OF THE PRINCIPLE OF NON-DISCRIMINATION

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of the rights and freedoms of the human being and the citizen as the highest value.3

treaties if its laws or constitutional laws provide for a different legal regime than that laid down in the international treaties.7

Discrimination against LGBTIQ persons is incompatible with the principle of equality of persons enshrined in Article 29 of the Constitution of the Republic of Lithuania. Although this article does not directly include sexual orientation or gender identity among the protected grounds, it is also important to note the jurisprudence of the Constitutional Court, the only institution that has the discretion to interpret and clarify the content of constitutional norms: “There is no exhaustive list of human rights and freedoms in the Constitution”. This is confirmed by Article 18 of the Constitution, which states that “human rights and freedoms are inherent”. “No law can establish an exhaustive list of natural rights and freedoms.”4

Article 14 of the European Convention on Human Rights also contains a general prohibition of discrimination. Article 21 of the EU Charter of Fundamental Rights explicitly prohibits discrimination based on sexual orientation. By ratifying the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR), Lithuania has made the human rights provisions enshrined in them legally binding. These covenants implicitly prohibit discrimination on the grounds of sexual orientation or gender identity, establishing a non-exhaustive list of protected grounds (Art. Article 2(1) ICCPR, Article 2(2) ICCPR). The Universal Declaration of Human Rights (Article 2) and the Convention on the Rights of the Child (Article 2) also enshrine the principle of non-discrimination. The UN Committee on Economic, Social and Cultural Rights, whose mandate includes the interpretation of the ICESCR, has specifically stated in its General Comments 20, 22, and 23 that sexual orientation and gender identity are included among the prohibited discrimination grounds. Human rights are inalienable, indivisible, and universal.

The Constitutional Court has emphasised that Lithuania’s foreign policy is guided by the generally recognised principles and norms of international law. It seeks to ensure the country’s security, independence, and the well-being of its citizens, as well as their fundamental rights and freedoms.

Additionally, it contributes to the development of an international order based on law and justice.5 Article 138(3) of the Constitution states that international treaties ratified by the Seimas are an integral part of the legal system of the Republic of Lithuania. The Constitutional Court has explained that this provision means that international treaties ratified by the Seimas acquire the force of law.6 The Court has stated that the provision cannot be interpreted in a way that allows the Republic of Lithuania to be non-compliant with its international 3 Constitutional Court ruling of 23 November 1999 (reiterated in ruling of 13 December 2004).

4 Opinion of the Constitutional Court of 24 January 1995 5 Spruogis, E. (2023). Lithuania’s international commitments. In Universal Lithuanian Encyclopedia, available at https://www.vle.lt/straipsnis/lietuvos-tarptautiniai-isipareigojimai/ 6 Order of 17 October 1995, Judgment of 25 April 2002, Order of 5 September 2012; Judgment of 4 November 2014

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In 2007, experts in human rights from different countries developed the Yogyakarta Principles. These principles interpret existing international human rights treaties to secure the rights of LGBTIQ people. Ten years later, the Yogyakarta Principles were updated to include the rights of transgender and intersex people (Yogyakarta Principles plus 10). Although not legally binding, the principles aid in the interpretation of binding human rights standards.

On 12 November 2020, the European Commission adopted the LGBTIQ Equality Strategy8 , which aims to improve the protection of LGBTIQ people 7 Decisions of the Constitutional Court of 14 March 2006, 5 September 2012, quoted from Limantė, A. (2015). The conclusion of international treaties and other international agreements in Lithuanian and foreign law: in search of best practice. Legal Problems, 3(89), 33-64 8 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Brussels, 12 November 2020 COM(2020) 698 final 1. EQUALIT Y FOR LGBTIQ PERSONS AND THE IMPLEMENTATION OF THE PRINCIPLE OF NON-DISCRIMINATION

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from discrimination. The Strategy forms the basis for the Commission’s work in this area in the period 2020–2025. It will be complemented by mea­ sures to promote LGBTIQ equality in areas where EU Member States have competence. The primary responsibility for implementing these provisions, and thus for guaranteeing, protecting, and enforcing human rights on their territory, lies with the individual States, which are called upon, among other things, to adopt national action plans for LGBTIQ equality.

The purpose of this publication is to provide guidance to decision-makers in Lithuania on formulating a coherent human rights policy and achieving sustainable qualitative change in the field of LGBTIQ human rights. The text aims to reflect the main expectations for a document of this kind.

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2 A BRIEF OVERVIEW OF THE LGBTIQ AND HUMAN RIGHTS SITUATION IN LITHUANIA According to the World Rule of Law Project’s index9, which is used by the Organisation for Economic Co-operation and Development (OECD), Lithua­nia is ranked 18 out of 140 positions in 2022. Lithuania’s index increased by 1.7% over the year, but the overall global index fell by 61%. The rise of anti-human rights, and anti-democratic narratives in the region before and during the pandemic, as well as Russia’s launch of a war against Ukraine, has led to an increased need to consolidate inter-sectoral cooperation and strengthen the implementation of the rule of law and human rights principles.

It should be noted that in international rankings of human rights monitoring, Lithuania is ranked below the European Union average. In the EU Equality Index10 Lithuania scored 64.1 out of 100 possible points in 2023, 6 points below the EU average. International human rights monitoring mechanisms repeatedly issue recommendations to Lithuania, including recommendation to protect LGBTIQ persons in Lithuania.

is in the areas of protection of family relations (0%), intersex persons’ right to physical integrity (0%), and the right to asylum (17%).

Meanwhile, in the most recent (2023) Transgender Rights Map,12 compiled by the international transgender rights organisation Transgender Europe, Lithuania meets 4 out of 30 indicators (among the EU Member States, only Latvia and Romania meet fewer indicators).

According to the EU Fundamental Rights Agency’s LGBTIQ Survey (2020)13, the inclusion of LGBTIQ people in Lithuania falls behind the European ­Union average in many areas. These include: • 73% of Lithuanians avoid holding hands often or always with a

same-sex partner, compared with an EU average of 61%.

• 41% of Lithuanians often or always avoid certain places for fear of

being attacked. The EU average was 33%.

• 16% of respondents in Lithuania are often or always open about being

LGBTIQ, compared to an average of 47% in the EU Member States.

• In 2019, 55% of respondents in Lithuania felt discriminated against

in at least one area of their lives in the year before the survey. In the EU Member States, the figure was 42%.

• 1 in 5 transgender and intersex people had been physically or sexu-

ally assaulted in the five years before the survey, twice as often as other groups in the LGBTIQ community.

• Only 8% of respondents reported discrimination to an equality body

or other organisation in Lithuania, compared to an EU average of 11%.

In the 2023 LGBTIQ Equality Index by the international LGBTIQ rights organisation ILGA-Europe,11 Lithuania scored 24% ranking 23rd out of 27 EU countries (among EU countries, only Latvia, Bulgaria, Romania and Poland had lower scores). The lowest compliance with ILGA-Europe’s LGBTIQ equality standards

Various international and national reports have identified persistent issues with LGBTI rights in the country that require political and legislative solutions:

9 WJP Rule of Law Index | Lithuania Insights (worldjusticeproject.org)

12 https://transrightsmap.tgeu.org/home/

10 https://eige.europa.eu/gender-equality-index/2023/LT

13 FRA LGBTI Survey Data Explorer: https://fra.europa.eu/en/data-and-maps/2020/lgbti-survey-data-explorer#

11 https://rainbow-europe.org/country-ranking

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• Gender identity and (or) gender expression is not explicitly inclu­

ded among the protected grounds at the legislative level.14 • In Lithuania, there is no possibility for same-sex couples to marry and

(or) enter into a civil partnership (civil union), while married transgender individuals must obtain a divorce to change their gender indicators in their civil status documents through judicial procedure.15 • Same-sex marriages concluded abroad are not registered in Lith-

uanian civil registry offices. The same-sex spouse of a Lithuanian citizen is only granted a residence permit in Lithuania under the EU Movement Directive.

• There are still legal barriers to transgender people’s access to

certain occupations and (or) positions: for example, the Code of Health Requirements16 places the code F64.0 (“transsexualism”) between codes F60-F69, indicating that medical conditions within these codes imply a possible unsuitability for a particular job or position, and it needs to be assessed on an individual basis. Code F64.0 is not listed separately, but it is mentioned in other pieces of legislation, namely the Criteria and Methodology for the Assessment of Fitness for Military Service, Rifleman’s Combat Squad, or Intelligence Officer’s Service on the Basis of Medical Condition.17 • There is currently no legislation in place that enables transgender

individuals to exercise their right to gender recognition through a quick, transparent, accessible, and non-discriminatory administrative procedure.18 14 Leonaitė, E., Valentinavičius, V., Osičnaitė, F. V., Jurevičiūtė, G., Balčiūnaitė, M., Bylaitė, G. (2023). 2022 Human Rights Monitoring Report. Seimas Ombudspersons’ Office.

15 Article 2.27 of the Civil Code of the Republic of Lithuania.

• Hate crimes based on multiple characteristics (such as the victim’s

sexual orientation and ethnicity) are not recorded as such in the register of criminal offences.

• The “anti-gay propaganda” provision has not been repealed19. Ar-

ticle 4(2)(16) of the Law on the Protection of Minors against the Detrimental Effects of Public Information, has been used on several occasions since 2010 to disproportionately restrict or censor LGBTIQ-related information, including the Baltic Pride social advertisement on national television.20 • The healthcare21 and personal name change22 measures for trans-

gender individuals at the sub-statutory level are inadequate.

These measures are based on the outdated diagnosis of “transsexualism” and are only accessible to adults. Minors are not able to access these measures, even with parental consent.23 • Article 3(4) of the Law on Strengthening the Family of the Repub-

lic of Lithuania establishes the principle of “complementarity of fatherhood and motherhood”24. It states that “when providing support and assistance to the family, the child’s natural need to have a father (adoptive father) and a mother (adoptive mother) must be taken into account”. This promotes a “traditional” family model at the state level and may indirectly create negative attitudes towards “non-traditional” family structures. tė, G. (2023). 2022 human rights monitoring report. Seimas Ombudspersons’ Office, p. 27.

19 Pankūnas, G. (7 November 2023). The Seimas has rejected a proposal to scrap a provision prohibiting minors from talking about homosexual relationships. Delfi.lt 20 https://www.lgl.lt/naujienos/nepilnameciu-apsauga-ar-lgbt-turinio-cenzura/

16 Point 5 of the Code of Health Requirements, approved by Order No 1V-380/V-618 of the Minister of Health of the Republic of Lithuania and the Minister of the Interior of the Republic of Lithuania of 21 October 2003

21 Order of the Minister of Health of the Republic of Lithuania on the approval of the description of the procedure for the diagnosis and treatment of gender identity disorder (transsexualism), 4 August 2022. No V-1307

17 Criteria for suitability for military, rifleman’s combat squad or intelligence officer’s service on the basis of medical condition, approved by the Order of the Minister of National Defence of the Republic of Lithuania No V-449 of 3 June 2020

22 Order of the Minister of Justice of the Republic of Lithuania “On Approval of the Rules for Changing a Person’s Name and Surname“, 28 December 2016, No. 29704, point 4 23 Ibid, p. 27.

18 Leonaitė, E., Valentinavičius, V., Osičnaitė, F. V., Jurevičiūtė, G., Balčiūnaitė, M., & Bylai-

24 Law on Strengthening Education, TAR, 06-11-2017, No 17495

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At the same time, it is important to note that certain religious communities hold significant influence in the country, particularly those affiliated with the Roman Catholic Church, and they actively resist efforts to enhance the protection of LGBTIQ rights. For example, on 9 March 2021, representatives of six traditional Christian communities issued an appeal calling for the non-ratification of the Istanbul Convention and for the denial of family status to forms of cohabitation that are not based on gender or the prin­ ciple of complementarity of paternity and maternity mentioned above.25 Politicians can also influence the discourse surrounding LGBTIQ rights.

During a meeting of the Committee on Human Rights of the Seimas of the Republic of Lithuania in 2021, Andrius Navickas, a member of the Human Rights Committee of the Seimas of the Republic of Lithuania, referred to the national LGBT rights organisation LGL as “fundamentalists”.26 Additionally, Petras Gražulis and several other members of the Seimas are known for making constant homophobic statements. In September 2023, a lawful protest by LGL was disrupted by an organized group of hostile individuals, including parliamentarian Gražulis. The law enforcement authorities failed to respond appropriately to the potential risks.27 The social and political climate for the protection and promotion of LGBTIQ rights remains challenging due to emerging negative trends. The existing legal framework in Lithuania is not sufficient to ensure the protection of transgender people from discrimination on the grounds of gender identity and (or) gender expression, and Lithuania has high discrimination rates in the EU context. This implies the need to integrate measures to strengthen LGBTIQ rights (legal, social, educational, awareness-raising, etc.) into the objectives of the state strategic planning documents.

25 Lithuanian Bishops’ Conference. Appeal of Traditional Christian Communities of Lithuania, 9 March 2021, https://lvk.lcn.lt/naujienos/,453 26 https://www.ilga-europe.org/files/uploads/2022/04/annual-review-2022.pdf 27 https://www.lrt.lt/naujienos/lietuvoje/2/2089921/pozela-ivertino-pareigunu-veiksmus-lgbt-proteste-galejome-padaryti-geriau

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2005

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The Law on Equal Opportunities prohibits discrimination based on sexual orientation not only in the labour market but also in goods, services, and education.

2007

HIGHLIGHTS OF THE HISTORY OF THE LGBTIQ COMMUNIT Y IN LITHUANIA: SIGNIFICANT EVENTS SINCE THE RESTORATION OF LITHUANIAN INDEPENDENCE 1993 Abolition of criminal liability for male sexual relations. Origins of the open LGBTIQ rights movement in Lithuania.

1994 The first-ever international LGBTIQ rights event in Lithuania was the Eastern European Regional Conference of the international LGBTIQ rights organisation “ILGA”, which took place in Palanga.

1995 Same-sex couples’ first public coming out stories in Lithuanian newspaper “Lietuvos Rytas”.

2004 Harmonisation of the minimum age of consent.

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The first ILGA-Europe conference in Lithuania, organised by the international LGBTIQ rights organisation “ILGA-Europe” in cooperation with LGL, took place in Vilnius.

The first-ever Rainbow Days LGBTIQ cultural festival is held to mark the International Day against Homophobia, Biphobia, and Transphobia.

As part of the EQUAL project “Open and Safe at Work”, LGL planned to launch a publicity campaign in May 2007. The slogans “A lesbian can work in a school” and “A gay man can work as a policeman” were to be displayed on trolleybuses in Vilnius and Kaunas. The initiative failed due to opposition from the municipalities of both cities, as well as from drivers and the company that runs the buses. No legal arguments were provided to justify the refusal to provide the advertising service.

2009 Criminal liability is established for hate crimes committed based on sexual orientation.

2010 Around 350 people took part in the first Baltic Pride march in Vilnius,­ ­Lithuania.

The Law on the Protection of Minors against the Detrimental Effects of Public Information entered into force and has since been used repeatedly to disproportionately censor or restrict LGBTIQ-related public information.

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2013

2020

LGL successfully litigated against the Vilnius City Municipality over the possibility of holding a second Baltic Pride march in the centre of Vilnius, and progressive national case law is being developed for future similar cases.

The European Court of Human Rights issued a judgment in the case of Beizaras and Levickas v. Lithuania, in which the applicants were represented

by LGL. As a result of the judgment, pre-trial investigations of hate crimes against LGBTIQ persons have been initiated or reopened.

2014 Neringa Dangvydė’s fairy tale book “Amber Heart”, which tells the stories of characters from various underrepresented groups, including LGBTI, was removed from bookstores.

2016 The third Baltic Pride march takes place in Vilnius.

The first Kaunas Pride march, organised by the May 1st Labour Union, was attended by approximately 2000 individuals. The event was heavily policed, with the city’s main street cordoned off by fences. During the event, 22 individuals were arrested for violating public order or inciting hatred.

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2015 LGL’s strategic litigation has led to the development of national case law on legal recognition (reassignment) of gender.

2019 The ruling of the Constitutional Court of the Republic of Lithuania recognised the right of the same-sex spouse or partner of a Lithuanian citizen to obtain a residence permit in Lithuania on the basis of family reunification. It also stated that the constitutional concept of family is gender-neutral, and that Article 29 of the Constitution prohibits discrimination on the grounds of sexual orientation and (or) gender identity.

Baltic Pride attracted 10,000 participants under the slogan “We are a fa­ mily”.

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Vilnius hosted the fifth Baltic Pride festival, organised by LGL in cooperation with the municipalities of Vilnius and Oslo. The largest ever private and public sector support was consolidated, and around 15,000 people took part in the march.

Private sector companies committed to diversity and inclusion supported the adoption of the Partnership Law.

2023 Three same-sex families went to court to defend their right to a family and to register their marriage for the first time in Lithuania.

Following the ruling in Macatė v Lithuania, the Ministry of Justice of the Republic of Lithuania attempted to repeal a provision of the Law on the Protection of Minors against the Detrimental Effects of Public Information that discriminates against LGBTIQ persons, but the initiative did not receive support in the Seimas.

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4 LGBTIQ RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA Since 2002, Lithuania has institutionalised strategic planning through the approval of the Strategic Planning Methodology. This methodology outlines the system and principles of strategic planning, the procedure for preparing strategic planning documents (such as strategies, programmes, and strategic action plans), the annual action plan, and the monitoring, evaluation, and reporting of the implementation of strategic planning documents.

Strategic planning in municipalities has been carried out in accordance with the Recommendations on Strategic Planning in Municipalities adopted by the Government in 2014. Furthermore, the procedure for recognising projects as national importance projects, approved by the government in 2008, and the criteria for recognising regional social, economic development, and infrastructure projects as regional importance projects, approved by the government in 2015, are also relevant for strategic planning.

In 2020, Lithuania’s strategic planning system underwent significant changes with the adoption of the Law on Strategic Governance. This law aims to establish the principles of the strategic governance system and define the levels and types of planning documents, their interrelationships, and their impact on the allocation of funds for progress and continuing activities.

It also defines the participants in the strategic governance system, their rights, and duties, and establishes provisions for the governance of the strategic governance system. In 2021, the Government adopted the Stra-

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tegic Governance Methodology, which consolidated strategic planning and invalidated previous planning documents adopted in Lithuania.

The State Progress Strategy Lithuania 2030, defined as the main planning document that guides strategic decision-making and the development of state plans or programmes, lacks attention to the protection of human rights. The State Progress Strategy Lithuania 2030 focuses solely on citizenship as a means of respecting and protecting human rights, assuming that if “society is only a passive observer”, it will not be possible to reduce “social exclusion”, and “ensure gender equality”, among other things.28 A draft resolution has been registered in the Seimas to approve the State Progress Strategy “Lithuania’s Vision for the Future Lithuania 2050”, recognising the State Progress Strategy Lithuania 2030 as obsolete.

When commenting on the new strategic document, approved in accordance with Article 14(2) of the Law on Strategic Governance, the Seimas Ombudspersons’ Office noted that none of the strategic ambitions adequately addressed human rights, which are essential elements of a democratic society, or the aim to ensure compliance with international human rights obligations and recommendations. The document lacks a clear definition in terms of the content of human rights, fails to address numerous human rights issues, or deals with them in a way that is too abstract. The Seimas Ombudspersons’ Office has also observed that there are no indicators available to assess the sustainability of democracy, the human rights situation, civil society’s trust in democratic institutions, and civil society’s participation in decision-making processes. The selection criteria for indicators were also challenged, especially with regard to the national development strategy under preparation, “Lithuania’s Vision for the Future Lithuania 2050”, and the lack of specific content and a clear link to indicators.29

28 State Progress Strategy Lithuania 2030, Valstybės žinios, 30-05-2012, No. 61-3050 29 Conclusion of the Main Committee on the Draft Resolution of the Seimas “On the Approval of the State Progress Strategy “Lithuania’s Vision for the Future “Lithuania 2050““, 11 December 2023, No XIVP-2937(2), available at https://e-seimas.lrs.lt/portal/ legalAct/lt/TAK/daab74d097f711eea70ce7cabd08f150 4. LGBTIQ RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA

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Meanwhile, the Strategic Planning Document - National Progress Plan 2021–2030, approved by the Resolution of the Government of the Republic of Lithuania No. 998 of 9 September 2020 “On the Approval of the National Progress Plan 2021–2030“,30 envisages only one goal that could be directed towards solving the problems of the LGBTIQ population, i.e. to increase the population’s social well-being and inclusiveness, to enhance health and to improve the demographic situation in Lithuania. However, the measure for this objective does not cover LGBTIQ issues. Furthermore, the Government of the Republic of Lithuania approved 28 National Development Programmes to achieve the progress objectives outlined in the National Progress Plan 2021–2030. The protection of human rights, including the protection of LGBTIQ persons, is not included in any of the approved development programmes for the period of 2021–2030. Some human rights issues are covered by the Social Mobilisation Programme,31 the Inclusive Labour Market Development Programme,32 and the Development Programme for Strengthening Family Policy.33 However, none of these programmes provides targeted measures to promote equality for LGBTIQ persons.

The Lithuanian authorities have not yet developed or adopted a national action plan for LGBTIQ rights or a separate human rights plan to reflect the broader spectrum of human rights issues. However, in 2002, a detailed draft National Action Plan for the Promotion and Protection of Human Rights 30 Government Resolution “On the Approval of the National Progress Plan 2021–2030“, TAR, 16-09-2020, No. 19293 31 Government Resolution “On the Approval of the Development Programme for Social Mobilisation of the Ministry of Social Security and Labour of the Republic of Lithuania, Manager of the Development Programme for the period 2021-2030“, TAR, 12-11-2021, No 23473.

32 Government Resolution “On the Approval of the Inclusive Labour Market Development Programme of the Ministry of Social Security and Labour of the Republic of Lithuania, Manager of the Development Programme for the period 2021-2030“, TAR, 1211-2021, No 23471 33 Government Resolution “On the Approval of the Development Programme for the Strengthening of the Family Policy Development Programme of the Ministry of Social Security and Labour of the Republic of Lithuania, the Manager of the Development Programme for the period 2021-2030“, TAR, 12-11-2021, No 23472.

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in the Republic of Lithuania was presented to the Seimas.34 The document included specific measures, responsible institutions, and planned funding for each measure. However, it was never adopted.

On 18 August 2014, the Government of the Republic of Lithuania approved (Minutes No. 44) the establishment of a plan for Business and Human Rights in the Republic of Lithuania. It included the Government’s actions and measures for the implementation of the United Nations Principles set out in the United Nations Human Rights Council Resolution No. 17/4 of 16 June 2011 on “Human Rights and Transnational Corporations and Other Business Enterprises”. In 2019, Lithuania established a working group to develop a National Plan on Business and Human Rights. The plan aims to outline the State’s actions for implementing the United Nations Guiding Principles on Business and Human Rights (2011).35 The group did not include representatives of civil society, such as organisations that advocate for LGBTI rights. Additionally, the Principles do not offer explicit guidance on enhancing the protection of LGBTI individuals.36 The Lithuanian Government considers this a developing public policy strategy. As the draft plan has not yet been presented to the public, it is difficult to assess the relevance of its content.

Of note is the Action Plan for the Promotion of Equal Opportunities 2024–202637 and its measures. The preamble of the Plan considers the continuing and systemic problems related to the prevalence of discrimination against LGBTIQ persons in Lithuania. However, the Plan was adopted without effective consultation with representatives of the non-governmental sector, including organisations representing LGBTIQ rights.

34 Draft Resolution of the Seimas “On the Approval of the National Action Plan for the Promotion and Protection of Human Rights in the Republic of Lithuania“, 6 November 2002. No IXP-2005(2SP) 35 The UN Guiding principles on business and human rights, United Nations, 2011 36 Order of the Minister of Foreign Affairs of the Republic of Lithuania of 20 December 2019 No V-411 “On Establishment of a Working Group“ 37 28 July 2023 No A1-507 Order of the Minister of Social Security and Labour of the Republic of Lithuania on the Approval of the Equal Opportunities Action Plan 2024–2026 4. LGBTIQ RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA

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The specific measures of the Plan are outlined below:

Measure 1.2 – Funding of projects of non-governmental organisations working in the field of equal opportunities through a call for proposals. The priorities of the call for proposals organised by the Ministry of Social Security and Labour (hereafter referred to as MSSL) have remained unchanged in recent years. Although the preamble of the plan recognises LGBTIQ issues, LGBTI equality is not a priority in the funding schemes, and the rules for applicants set out in the call for proposals do not always ensure that all NGOs participating in these activities compete effectively, transparently, and on an equal basis. It is worth noting the negative practice of MSSL in organizing project calls in 2017. Taking into account the list of projects for institutional strengthening of associations of nongo­vernmental organisations financed in 201738 and the list of projects for institutional strengthening of associations of non-governmental organisations reserved for 2017,39 the applicant LGL, which had received the highest number of points for its project proposal, was placed on the reserve list.

Following regulations, funds from the state budget were to be allocated to the projects with the highest number of points. LGL was granted funding only after undergoing a complaint procedure.

It should be noted that the European Commission’s progress report on the implementation of the EU Strategy for LGBTI Equality 2020–202540 mentions that Lithuania has allocated budget funds to ci­vil society projects, including those related to LGBTIQ issues, as part of its non-discrimination action plan. Furthermore, it is stated that Lithuania has planned structured funding opportunities for LGBTIQ organizations within the country. However, the report on the implementation of the Action Plan 38 Annex 1 to Order No A3-130 of the Chancellor of the Ministry of Social Security and Labour of the Republic of Lithuania of 19 July 2017 39 (The Ministry of Social Security and Labour of the Republic of Lithuania, Chancellor of the Ministry of Social Security and Labour of 19 July 2017, by Order No. A3-130, Annex 2) 40 https://commission.europa.eu/system/files/2023-04/JUST_LGBTIQ%20Strategy_Progress%20Report_FINAL_WEB.pdf

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4. LGBTIQ RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA

for the Promotion of Non-Discrimination 2021–202341 indicates that only one NGO project was funded, which was not submitted by an organisation explicitly representing LGBTIQ rights.

Action 4.1 – Review the legal framework for equal opportunities and protection against discrimination. It should be noted that another measure of the Plan (No. 6.1) outlines certain plans for legislative initiatives of the MSAL. This includes drafting an amendment to the Law on Equal Opportunities to include discrimination based on skin colour as an additional ground. It is unclear why the initiative is limited to introducing this new protected ground. The preamble acknowledges the prevalence of discrimination against transgender people, so it would be beneficial to address this issue comprehensively. Adding gender identity and gender expression as protected grounds would improve the protection of transgender individuals against discrimination and provide them with better remedies in case of human rights violations. This could also encourage transgender individuals to seek assistance from relevant authorities more actively when their rights are violated.

The Action Plan for Equal Opportunities 2024–2026, like the Action Plan for the Promotion of Non-Discrimination 2020–2023,42 only includes quantitative expressions of the results of the plan, such as the number of events to be organised. It does not refer to any qualitative indicators of progress to be achieved. The Plan presents data indicating a very low number of projects to be funded by NGOs working in the field of equal opportunities, with only one project yearly in 2024, 2025, and 2026. This would not likely lead to significant progress in the field of equal opportunities for LGBTIQ persons.

According to the Equal Opportunities Ombusperson Office, the measures of the Action Plan for the Promotion of Equal Opportunities 2024–2026 “are not comprehensive, on the contrary, they are fragmented and do not even 41 Source: https://socmin.lrv.lt/uploads/socmin/documents/files/veiklos-sritys/socialineintegracija/lygios%20galimyb%C4%97s/Nediskriminavimo%20skatinimo%20VP%20 2022%20ataskaita.pdf 42 https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/d18f32643b2a11eb8c97e01ffe050e1c?jfwid=4. LGBTIQ RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA

33

cover many of the grounds provided for in the Equal Opportunities Law. The impression is that most of the measures in the Plan are rather low-impact and short-term.”43 Similarly, “a fragmented set of measures is not enough for the Action Plans to be meaningful, beneficial, and have a lasting impact. The plan coordinated by the Ministry of Social Security and Labour of the Republic of Lithuania lacks system and comprehensiveness.”44 The Head of the Seimas Ombudspersons’ Office of the Republic of Lithuania, Dr Erika Leonaitė, also commented on the Action Plan for the Promotion of Equal Opportunities 2024–2026.45 She welcomed the change in the title of the plan from “non-discrimination action“ to “equal opportunities“, which shows respect for LGBTIQ and other vulnerable groups. Dr Leonaitė noted that the new plan includes a task to organise public education, equal opportunities activities, and initiate legislative initiatives to promote the rights of LGBTIQ persons. Additionally, the plan includes a new measure to train health professionals on the specific healthcare needs of LGBTIQ persons and new measures integrating the protection of LGBTIQ persons, such as training of judges and surveying police officers on their personal attitudes towards groups affected by hate crimes. The Head of the Seimas Ombudspersons’ Office has highlighted that the new plan includes a speci­ fic task to safeguard the rights of LGBTIQ individuals. This includes the initiation of legislative measures to promote their protection. However, there are currently no measures in place to correspond with this task. The number of participants in training courses for young people, youth workers, and representatives of municipal administrations on promoting non-discrimination, respect for human rights, equal opportunities, and related issues was reduced by half. The proposed measures in the plan are considered inadequate, confirming the need for a national action plan, either specific to LGBTIQ rights or a national human rights plan that includes targets for LGBTIQ equality.

43 Letter from the Office of the Equal Opportunities Ombudsperson Office to the Lithua­ nian Gay League 2023-09-11 No (23)PAK-462)S-454 44 Ibid.

45 30 October 2023 Round Table Discussion at the Seimas Ombudpersons’ Office, presentation by the Head of the Office, Dr Erika Leonaitė.

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4. LGBTIQ RIGHTS ISSUES IN THE CONTEXT OF THE STRATEGIC PLANNING OF HUMAN RIGHTS IN THE REPUBLIC OF LITHUANIA

35

36

37

5 RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA Article 33 of the Lithuanian Constitution enshrines the right of all citizens to participate in the governance of their country, either directly or through democratically elected representatives, thus enshrining the principle that all people should participate in society on an equal basis. To ensure equal opportunities for LGBTIQ persons, the Lithuanian State should consolidate its responsibilities by formulating a coherent human rights policy and by developing a national human rights agenda that includes, inter alia, LGBTI issues. To promote respect for human rights and create an inclusive society, Lithuania should adopt a National Action Plan on LGBTI Rights. The National LGBTIQ Equality Plan should include measures to combat hostility towards LGBTI individuals, as well as political and legal developments in the field of LGBTI rights. The following are recommendations for specific targeted measures to be included in the National LGBTIQ Equality Plan across five policy areas: legal recognition, LGBTIQ inclusion, security, health, and international relations.

The recommendations in this chapter are presented in the context of the Lithuanian legal and social environment, where LGBTIQ rights are still inadequately protected. The recommendations have been formulated based on an analysis of the official responses to LGL’s queries sent between July and September 2023. The queries were related to the integration of the objectives of the EU Equality Strategy 2020–2025 into national policy measures and other related issues. The responses were received from various institu-

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5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

tions of the Republic of Lithuania, including the Ministry of Social Security and Labour, the Ministry of Justice, the Ministry of Foreign Affairs, the Mi­ nistry of the Interior, the Ministry of Health, the Department of Education of the Ministry of Education, Science and Sport, and the Office of the Equal Opportunities Ombudsperson.

5.1. LEGAL RECOGNITION AND STRENGTHENING THE LEGAL FRAMEWORK RECOMMENDATIONS: 1. Amend the Law on Equal Opportunities and the Penal Code to include gender identity as a distinct ground of prohibited discrimination.

2. Introduce an administrative procedure for gender recognition based on the principle of self-determination.

3. Develop and implement family law reform, including the recognition of the right to family for LGBTIQ persons. Abolish the principle of “gender complementarity” in the Law on Strengthening the Family of the Republic of Lithuania. Review laws aimed at strengthening the family, such as the Law on Assistance for the Acquisition or Rental of Housing of the Republic of Lithuania and abolish any existing discriminatory preconditions. Protect the legitimate material and social interests of children raised in same-sex couples’ families.

4. Provide a compensation mechanism for transgender individuals who were required to divorce to exercise their right to gender recognition following the implementation of legal reform.

5. Review Lithuania's national procedures for asylum seekers and individuals entering the country for humanitarian reasons, with a focus on addressing the specific needs of LGBTIQ individuals. This includes ensuring safe accommodation and reducing the risk of multiple discrimination in all related policies and procedures.

5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

39

6. Strengthen the legal framework to expand the scope of national non-discrimination legislation, enabling both LGBTIQ individuals and organisations representing their interests to better defend their rights.

To improve the labour market, positive action measures should be implemented. For instance, transgender individuals who have begun the gender recognition process should be retained in the workplace. Additionally, equal opportunities and social guarantees should be provided for LGBTIQ families, as some private sector entities have already implemented. Furthermore, LGBTIQ individuals and organisations should be enabled to defend their violated rights in legal relations related to services and rent specifics.

7. Strengthen the principles of diversity and inclusion in the public sector.

8. Strengthen ombudspersons’ offices and ensure appointment and discretion of ombudspersons in line with the Paris Principles.

9. Strengthen the competence and political independence of the Office of the Equal Opportunities Ombudsperson. In 2021, the Office of the Office of the Equal Opportunities Ombudsperson launched an investigation into alleged violations of equal opportunities principles in organizing IT courses for people who are not employed or in education or training (NEETs). These courses were part of a social inclusion project implemented by LGL. The courses were provided free of charge and were considered project activities, falling outside the legal definition of services.

However, the investigation failed to consider this and ignored the social impact and necessity of these courses. This investigation posed a threat to the constitutional principle of freedom of association, which affects the ability of NGOs to act in accordance with their statutes, represent the interests of vulnerable groups, and carry out social impact projects.

The role of the Equal Opportunities Ombudsperson should be to facili­ tate the actual implementation of the principle of equity, rather than adopting a formalized approach to equality. The equality body should enhance its competence, collaborate and consult with NGOs that represent vulnerable groups. Human rights and equality bodies play a crucial

40

5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

role in democracies, especially in countries where the human rights situ­ ation is complex and compromised. For example, in Hungary, the Ombudsperson’s office has produced reports on procedural shortcomings in the legal recognition of gender. These reports have been useful in the European Court of Human Rights case R.K. v. Hungary. Therefore, it is crucial to ensure the political independence of national human rights and equality bodies for the progress and development of human rights.

5.2. LGBTIQ INCLUSION LGBTIQ individuals continue to face stereotypes, prejudice, exclusion, discrimination, and violence, hindering their ability to participate fully in social life. The National LGBTIQ Equality Plan should include measures to promote the visibility and recognition of LGBTIQ individuals, families, acti­ vists, and organisations, as well as gender diversity.

RECOMMENDATIONS: 1. Strengthen political and financial support for LGBTI organisations.

2. Implement targeted research and analytical activities to assess the situa­tion of LGBTIQ people, with a particular focus on the under-researched situation of intersex individuals.

3. Strengthen measures to combat discrimination on multiple grounds.

4. Strengthen social dialogue between state institutions, organisations representing vulnerable groups, and religious communities to promote acceptance and inclusion of LGBTIQ people.

5. Strengthen national education programmes and policies to promote LGBTIQ inclusion and education on sexual orientation and gender diversity, and to promote adult education on diversity and inclusion.

5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

41

6. Increase youth inclusion by considering the needs of LGBTIQ and non-binary young people.

7. Develop policies for promoting inclusion and measures against homophobia, biphobia, transphobia, racism, and misogyny in sports. The organization of major international sporting events should strictly comply with the UN Guiding Principles on Business and Human Rights sustainability standards.

8. Strengthen existing measures aimed at protecting older people, paying particular attention to their unique experiences and the needs of LGBTIQ individuals in this area. This includes education, services tailored to older LGBTIQ individuals, and support for single persons.

9. Promote inclusive culture and policies of remembrance and historical justice. It is crucial to recognise the repression that LGBTIQ people faced during the Nazi and Soviet occupations and measures should be taken to commemorate their memory. Additionally, the history of LGBTIQ emancipation in Lithuania should be perpetuated by documenting, archiving, and exhibiting the history of Baltic Pride, other Pride marches, and milestone events of the LGBT community in national institutions.

10. Evaluate the necessity of a compensation mechanism for victims of the Criminal Code provision that prohibited sexual relations between men, which was enforced during Lithuania’s period of independence until 1993.

As of June 2023, the Prosecution Information System has published data indicating that there are currently 105 prosecutors who specialise in hate crime and hate speech. However, there is still no separate specialisation for police officers in this area.

RECOMMENDATIONS: 1. Promote greater trust of the LGBTIQ community in law enforcement authorities and thus contribute to increased reporting of hate and (or) violence by members of the LGBTI community.

2. Strengthen the skills and knowledge of law enforcement personnel on the special needs of members of the LGBTIQ community and other vulnerable groups, promote specialisation among law enforcement officers, and increase training in dealing with hate crimes.

5.3. SECURITY The criminal liability for hate crimes in Lithuanian legislation is generally in line with European Union and international standards. However, hate crimes are often not reported and their legal classification under the Crimi­ nal Code of the Republic of Lithuania is problematic. Furthermore, there are no comprehensive official statistics on hate crimes.

42

The results of an anonymous online survey conducted by LGL (2017)46 showed that of the 345 people who took part in the survey, more than half (54%) said they had experienced a hate crime and (or) hate speech in the last 12 months. Only 13% of victims in Lithuania reported these cases to law enforcement authorities. Meanwhile, threats against LGBTIQ organisations or activists are not considered serious enough by law enforcement authorities47. According to the Department of Information and Communications, 28 cases of incitement to hatred under Article 170 of the Criminal Code (incitement against any national, racial, ethnic, religious, or other group of people) were registered in Lithuania in 2019, 11 of which were directed against the LGBTIQ community, indicating that the most common motivation for such acts is hatred, hostility towards or biased attitudes towards LGBTIQ people, despite the high latency of these crimes.

5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

46 https://manoteises.lt/straipsnis/neapykantos-epidemija-lietuvoje-pranesti-ar-nepranesti/# 47 https://www.jarmo.net/2022/08/lgl-darbuotojams-pamastymus-apie-dalgi.html 5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

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3. Raise awareness among the LGBTIQ community and the public about remedies for violated rights.

4. In cooperation with organisations representing LGBTIQ rights, exami­ ne what additional measures are necessary to implement the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in relation to LGBTIQ persons. This should also consider the interests of LGBTIQ minors and the potential risks of domestic violence due to disclosure of sexual orientation or gender identity.

5. Implement Article 16 of the UN Convention on the Rights of Persons with Disabilities to ensure that individuals are free from exploitation, violence, and abuse.

6. Strengthen violence prevention measures, especially in custody, impri­ sonment, and other places of detention.

5.4. HEALTH Traumatic experiences of violence and hate crimes, as well as the stigmatization and pathologization of LGBTIQ identities, have long-lasting negative psychosocial consequences for LGBTIQ individuals. It should be noted that healthcare available to transgender individuals is based on an outdated diagnosis of “transsexualism”, and surgical services remain unregulated and often difficult to access. Discrimination and stigmatization against LGBTIQ people living with HIV remain high.

The guide to the implementation of the horizontal principle “Equal opportunities for all” of the National Progress Plan 2021–203048 also mentions the results of LGL’s 2017 survey on the LGBTIQ youth situation. However,

48 Guide to the implementation of the horizontal principle “equal opportunities for all“ of the National Progress Plan 2021-2030, Ministry of Social Security and Labour of the Republic of Lithuania, 8 February 2023, version 1.0

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5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

the 2022–2023 LGL survey results49 indicate a significant decline in the si­ tuation of LGBTIQ students compared to the 2017 survey. In 2022, students’ fee­lings of insecurity at school due to their sexual orientation have increased by 11.4 %. The overall feeling of safety at school has also decreased over five years (from 17.7% in 2017 to 15.6% in 2022). 64% of the surveyed LGBTIQ students reported hearing homophobic remarks at school “very often” or “often”. Only 34.1% of students reported that teachers respond to such remarks.Only 0.7% of students reported receiving helpful support from school staff when faced with bullying. 8.1% of respondents reported that they had missed classes in the last month because of feelings of insecurity at school. This sets the stage for a decline in LGBTIQ young people's emotional health and wellbeing.

“Conversion therapy” practices are not currently prohibited in Lithuania, which implies that these practices, which aim to influence a person’s perception of his/her sexual orientation and (or) identity towards a heterosexu­ al and (or) heteronormative one, may be used, and that such practices are not regulated. The harm caused to LGBTIQ people by such practices is not legally recognised in Lithuania. It should be noted that the Lithuanian Union of Psychologists has an LGBTQIA+ psychology group. Psychologists who are members of this organization may be able to assess the harm caused by “conversion therapy” and respond accordingly to cases of its practical application within the organization. However, it should be noted that not all psychologists are members of this organisation. Furthermore, the law governing the practice of psychology has not yet been adopted, which would establish a register of psychologists, qualification requirements, and a code of ethics. According to LGL, the adoption of this law could potentially aid in the investigation and assessment of the use of “conversion therapy” in accordance with the Code of Ethics for the Professional Practice of Psychologists.

However, it would not alter the general legal prohibition on the use of “conversion therapies”. This is because individuals who may use or intend to use these practices may also belong to other fields and professions, such as those in the religious sphere, education sector workers, psychiatry, and others.

49 https://www.tv3.lt/naujiena/gyvenimas/ekspertes-lgbt-moksleiviu-padetis-lietuvosmokyklose-blogeja-n1267757 5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

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RECOMMENDATIONS: 1. Introduce a ban on “conversion therapy” and implement measures at the legislative and (or) sub-statutory level to prevent these harmful practices.

2. Apply the standards set out in Council of Europe Recommendation CM/ Rec(2010)550 in order to improve the provision of specific health services for transgender people, as well as to increase the accessibility of these services for transgender people on the basis of the principle of self-determination.

3. Increase the availability of pre-exposure prophylaxis (PrEP, antiviral drugs to protect against HIV infection) in Lithuania, provide for the regulation and reimbursement of PrEP at the public health facilities.

Additionally, increasing public awareness of PrEP and reducing stigma against HIV-positive individuals in society is crucial.

5.5. INTERNATIONAL RELATIONS The international Equality Rights Coalition (ERC) launched its Strategic Plan for 2021–2026.51 The document, among other things, promotes coope­ ration between institutions and NGOs, strengthens legislative protection and practices in ERC Member States to more effectively protect LGBTIQ persons from discrimination and violence, calls on Member States to provide an administrative procedure for gender recognition, and strengthens the inclusion of LGBTIQ persons through the implementation of the Sustainable Development Goals (SDGs). At the ERC meeting held in Buenos Aires, Argentina in September 2022, attended by representatives from LGL as well as ERC member governments, good practices were shared. These good practices included providing public financial support for Pride festivals that cater to the needs of the LGBT community.

50 https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805cf40a 51 https://equalrightscoalition.org/publications/equal-rights-coalition-strategic-plan2021-2026/

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5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

Although not supported by the state budget or only supported to a very limited extent, the Pride festivals organised by LGL receive significant support from foreign missions residing in Lithuania, Lithuania’s strategic partners, and foreign investors. Although Pride festivals are significant human rights events in Lithuania, the Ministry of Foreign Affairs of the Republic of Lithuania only contributed to the organization of Baltic Pride in Vilnius in 2013 and 2016.

The project applications published by the Lithuanian missions abroad52 do not cover the thematic priority of LGBTIQ equality or general human rights.

It is particularly important to strengthen the advocacy activities of civil society organizations promoting LGBTIQ rights in Eastern Partnership count­ ries, such as Armenia and Georgia (Sakartvelo).

RECOMMENDATIONS: 1. Enhance political and financial support for Pride events in Lithuania at the institutional level. It is recommended to include a strategic objective of organizing the “EuroPride” festival in Lithuania.

2. Include a thematic priority for LGBTI rights for project calls organised by the Lithuanian state to strengthen democratic processes and civil society in the Eastern Partnership countries.

3. Provide political support to the international initiative of civil society organisations in Spain, Belgium, Switzerland, Mexico, Denmark, Norway, and other countries, seeking to inscribe Pride on the list of Intangible Cultural Heritage protected by UNESCO. The initiative is organized within the context of “World Pride” 2026.53 52 The Embassy of the Republic of Lithuania to the Republic of Armenia calls to submit project applications for the implementation of the Development Cooperation and Democracy Promotion Programme in Armenia in 2023 https://am.mfa.lt/am/en/news/the-embassy-of-the-republic-of-lithuania-to-therepublic-of-armenia-calls-to-submit-project-applications-for-the-implementation-ofthe-development-cooperation-and-democracy-promotion-programme-in-armeniain-2023?__cf_chl_tk=wcdUvStcm.nw_HZEQC3J87RT2Nhr0C8Z4gWxJP4mG8Q53 https://worldpride.amsterdam/impact/ 5. RECOMMENDATIONS (GUIDELINES) FOR A NATIONAL PLAN ON LGBTIQ RIGHTS IN LITHUANIA

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48

49

It is recommended that policies, strategies, and (or) action plans that are inclusive of LGBTIQ people consider and address the following points:

6

• Ensuring an accurate assessment of the LGBTIQ equality situation

in support of evidence-based policymaking.

• Identifying the main challenges of LGBTIQ equality, paying atten-

CONCLUSIONS

tion to the situation of the most vulnerable.

• Setting clear, ambitious, and measurable priorities for promoting

LGBTIQ equality and awareness-raising.

The adoption of the National LGBTIQ Equality Plan would reinforce Lithuania’s strategic commitment to safeguarding the rights of LGBTIQ individuals. The adoption of the Plan, which outlines strategic directions for action, should result in the development and prioritisation of specific measures.

These measures should be implemented through an inter-institutional process that involves human rights NGOs. Including a coordinating body and clearly defined responsibilities is crucial for this process.

It should be noted that the LGBTIQ Equality Subgroup of the High-Level Group on Non-Discrimination, Equality, and Diversity has developed Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality.54 These guidelines are intended to support concrete actions to strengthen the protection of the rights of LGBTIQ persons in EU Member States.

• Ensuring effective legal protection of LGBTIQ people and proper

law enforcement.

• Transparent management, leadership, and coordination of LGB-

TIQ equality matters, including mainstreaming and active involvement of civil society.

EU Equality Commissioner Helena Dalli notes in the introduction to the Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality that “the protection and promotion of equality and human rights is our common value as well as our common task and responsibility.”

The guidelines outline what LGBTIQ-inclusive policies, strategies, and action plans should contain to be useful and effective. They encourage EU Member States to follow the LGBTIQ Equality Strategy and highlight good practice tools for the adoption of national LGBTIQ equality plans in EU Member States.

54 Guidelines for Strategies and Actions Plans to Enhance LGBTIQ Equality, European Commission, 2022. Available at: https://commission.europa.eu/system/files/2022-09/guidelines_for_strategies_and_action_plans_to_enhance_lgbtiq_equality_2022final16_05. pdf

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6. CONCLUSIONS

6. CONCLUSIONS

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FRIEDRICH EBERT 58 STIFTUNG