LGBTIQ+ rights now
In 2020 we mark the 20th anniversary of the first pride parade in Slovenia as well as nearly 40 years of organized LGBTIQ+ movement in Slovenia. In light of this, we note with concern that in recent years progress in the field of LGBTIQ+ rights has stagnated while public displays of hatred against the LGBTIQ+ community is on the rise. In Poland, under the neoconservative government, local authorities declared a third of the country an “LGBT-free zone”, the newly formed government in Slovakia ruled out the possibility of recognizing same-sex partnerships, and the Hungarian government legally erased transgender people by restricting legal gender recognition. The growing repression of LGBTIQ+ people is concurrent with the attack on the bases of democracy, such as free media, division of government, freedom of assembly and electoral transparency. In Slovenia, we see political representatives imitating such moves and publicly sympathising with the politics of the so called Visegrad group. The consequences of this are clear to us, so we demand:
1. Guaranteed access to health services
Medical transition for transgender people:
We demand immediate regulation of the field of medical transition for transgender people through the establishment of a Center for Transgender Medicine. We demand the establishement of a clear protocol of services based on contemporary professional guidelines that remove the clasification of being transgender as a mental disorder from all processes of medical transition (in line with the 11th International Classification of Diseases (ICD-11) and are in line with the recommendations of the World Professional Association for Transgender Health (WPATH). It is crucial that procedures are accessible, transparent and based on the informed consent of the person, not on outdated tests that understand gender, gender identity, sexual orientation and gender roles through a strictly binary lens. In this respect, we also await the formation of the Interdisciplinary Council for the Confirmation of Gender Identity, which was established on 11 March 2020.
Accessible assisted reproductive technology:
We demand appropriate changes that will allow the access to the procedure not only for heterosexual couples, but also for all other persons who can become pregnant. At the core of the law (ZZNPOB) is the “right to freely decide on the birth of children”, so this right should be granted to anyone regardless of intimate partnership status.
Ban of non-essential operations on intersex infants and children:
We demand an end to the practice of non-essential (at their core cosmetic) medical and surgical procedures on intersex children, most of which are performed under the pretext of urgency without their consent and / or the consent of their guardians. In this regard, we demand that Slovenia recognize and follow the recommendations of international organizations (e.g. WHO), which emphasize the protection of the bodily integrity of intersex persons.
Qualification of professional staff providing mental health services:
Data shows that LGBTIQ+ people, especially LGBTIQ+ youth, face a variety of mental health problems that are heavily societally influenced. It is necessary to provide appropriate medical treatment that will successfully address marginalization instead of reinforcing it. Therefore, we demand that the staff that provide mental health services to LGBTIQ+ people are appropriately qualified to address specific issues facing the LGBTIQ+ community.
Unhindered access to health services for people living with HIV:
We call on the Ministry of Health and other relevant institutions to ensure unhindered access to all health services for people living with HIV. People living with HIV are still discriminated against and treated inappropriately by medical professionals due to stigma and ignorance. We also call for Pre-exposure prophylaxis (PreP) to be made available to anyone who needs it as soon as possible.
2. Managing the legal areas relevant to LGBTIQ+ people
Legal gender recognition:
We demand immediate regulation of the procedure of legal gender recognition, which should be based exclusively on self-identification. It should consider the recommendations of international institutions (e.g. Council of Europe). The procedure should be transparent, fast, accessible and independent of medical interventions. It should also enable minors to change their gender marker, provided they have recognized functional capacity or the consent of a guardian.
Marriage equality:
We demand strict compliance with existing legislation in the field of civil partnerships and its extension which will give same-sex families the right to adopt. We also demand the end of the symbolic superiority of heterosexual couples, the inclusion of all the rights of same-sex couples in the institution of marriage, and the consequent end of the treatment of LGBTIQ+ families as second-class.
Consideration of hatred as an aggravating factor and prosecution of public incitement of hatred and intolerance against the LGBTIQ+ community:
We demand the implementation of measures against hate crime. In cases where the offence stems from prejudice and hatred towards LGBTIQ+ persons, we demand that this be taken into account as an aggravating factor. We further demand the adoption of an interpretation of Article 297 of the Criminal Code in judicial practice, according to which the potential danger of a threat or of disturbance of public order is sufficient to prosecute a criminal offence of public incitement to hatred, violence or intolerance. Currently, in practice, prosecution requires a concrete threat. In practice, prosecution is only possible after the public announcement of violence (e.g. by location and time), although in many cases there are previous indications of violence, such as organized demonization of marginalized groups.
Decriminalization of sex work:
We demand comprehensive decriminalization of sex work and oppose all forms of criminalization of all parties involved. We understand decriminalization as key to reconciling the conditions in which sex workers work with human and workers' rights. This process should be based on the experience, wishes and needs of sex workers. We also call for the distinction between sex work and human trafficking in public discourse.
International protection for LGBTIQ+ persons:
We demand that the prosecution of a person on the basis of sexual orientation or gender identity be considered as sufficient for granting international protection. We oppose the degrading practices of verifying sexual orientation and gender identity, to which applicants for international protection are often subjected, and which often put them and their families in more danger through outing them for verification purposes. We call for LGBTIQ+ applicants for international protection to be given access to specific necessary medical treatments and services (e.g. access to hormone replacement therapy, access to HIV medications). We call for LGBTIQ+ applicants for international protection and LGBTIQ+ persons with refugee status to be supported in accessing support services provided by LGBTIQ+ NGOs. This should include providing them with appropriate translators, dedicating funds to LGBTIQ+ NGOs for running support services, educating all people working in the field of migration on LGBTIQ+ topics, and including LGBTIQ+ topics in integration policies.
3. Requirements in the field of social inclusion of LGBTIQ+ persons
LGBTIQ+ inclusive educational system:
LGBTIQ+ people are present at all levels of education, but often do not have the access to its full enjoyment. Therefore, we demand the inclusion of LGBTIQ+ topics on all levels of education. Measures are needed to enable schools to ensure the safety of LGBTIQ+ people. The qualification of school staff is also essential, and must begin with their education.
The need for properly educated staff is present also outside the field of education in practically all areas, as currently LGBTIQ+ people have difficulty accessing public services, social life and the labour market.
Inclusive cities, towns, and villages – LGBTIQ+ people in rural areas:
It is necessary to disperse LGBTIQ+ programs outside of Ljubljana, as the geographical limitations of various support services are unacceptable. We call for municipalities to develop and financially support programs for LGBTIQ+ people. We also call for solidarity and the inclusion of LGBTIQ+ people and topics by all associations with networks throughout Slovenia, such as trade unions, professional associations and voluntary, cultural and youth networks.
Increasing funding and capacity for research in the LGBTIQ+ field:
We demand adequate funding for research activities on the lives of LGBTIQ+ people. In absence of research, decision-makers interpret the absence of data on discrimination as the absence of discrimination. The existing research is largely carried out through irregular and often voluntary projects by students and non-governmental organizations. To ensure quality, we need stable and targeted funding for research activities that take place in cooperation between LGBTIQ+ and research organizations.
Social inclusion of LGBTIQ + youth:
The youth sector and non-formal education, which are more responsive to the needs of LGBTIQ+ people compared to the formal education system, are particularly crucial in limiting the effects of marginalization on individuals and society as a whole. Therefore, we demand strategies for the development and practice of youth work, which include an explicit focus on LGBTIQ+ youth, provide staff that is appropriately qualified to address this, and encourage the empowerment of LGBTIQ+ youth for wider social participation. It is essential to respect the principle “nothing about us without us” and to centre the experience of LGBTIQ+ people and the cooperation with LGBTIQ+ organizations.
Raising awareness of the general public – destigmatization of LGBTIQ+ people:
We demand media campaigns that aim to destigmatize LGBTIQ+ people. Such campaigns are already being implemented by LGBTIQ+ organizations, but we call on state institutions to participate in them more actively and support them. Such a campaign is necessary (among other things) to destigmatize people living with HIV.
4. Demands in the field of social security
Social security programs must be accessible to LGBTIQ+ people and provide them with appropriate psychosocial support:
Due to their social exclusion and marginalization, LGBTIQ+ people are exposed to greater mental health problems than the general population. The occurrence of mental health problems - precisely because they are influenced by society - needs to be addressed simultaneously on several levels. One – but not the only – level is the health care system. At the same time, mental health problems must be addressed where they are created and before they occur: on a wider societal level. Especially crucial is the inclusion of LGBTIQ+ themes in programs addressing prevention of violence, mental health of children and youth, and homelessness.
Addressing the homelessness of LGBTIQ+ people:
Data from abroad (as there is no such data available in Slovenia) shows that LGBTIQ+ people are incomparably more often exposed to homelessness. This is a particularly pressing problem for young LGBTIQ+ people who are facing family violence and rejection. Because of this, we demand the establishment of infrastructure for safe temporary accommodation for LGBTIQ+ homeless people.
Establishment of support structures for elderly LGBTIQ+ people:
We demand the development of strategies and mechanisms for determining the situation of elderly LGBTIQ+ people, as there is currently an informational gap in this area in Slovenia. It can be concluded from data from abroad, that this is a particularly vulnerable and invisible group.
5. Common struggle of different social movements
The marginalization of LGBTIQ+ people is undeniably embedded in the wider social space. LGBTIQ+ emancipation in its entirety requires and can only function in societies with democratic foundations and a political system that binds political and economic elites to these foundations.
The responsibility for building a democratic and human rights-based society does not lie solely with LGBTIQ+ organizations, (in)formal groups and individual activists: it can only be effective in the pluralistic functioning of diverse associations. The active involvement of LGBTIQ+ people in movements, associations and institutions is not a sufficient step, but it is necessary. The same is true for the inclusion of groups with neglected gender identities and sexual orientations within LGBTIQ+ movements.
The emancipation of LGBTIQ+ people is interdependent with the vitality of civil society and cultural and academic institutions, the independent media, putting public interests before economic ones, and on assuring appropriate preventative measures and effectively addressing actions that undermine democratic foundations. Restricting organized lying about the LGBTIQ+ community is interdependent with transparency of funding and ownership of media, responsibility of online platforms, consistent and appropriate legislation on political campaigns, digital information literacy levels, and ensuring the resilience of information ecosystems to planned or spontaneous disinformation.
Anti-discrimination projects in the fields of health care, housing, and employment presuppose public and accessible health care, accessibility of housing, and ensuring the responsibility of employers through effective labour legislation and the possibility of unionising without fear of retaliation.
When we recognize the need to reallocate opportunities, we also recognize the need to abolish economic systems that create unprecedented levels of economic and informational inequality within countries and beyond, and the need to resist the erasure of the possibility of reallocating resources from political imaginaries.
When we recognize that young LGBTIQ+ people have a right to a secure future, we also recognize the need to curb the current ecological devastation and unnecessary exploitation of animals and ecosystems.
When we recognize LGBTIQ+ lives as worthy of preservation and protection, we also recognize the need to end migration policies that portray these same lives as dispensable, erasable and interchangeable in the name of supposed security.
The demands stated in this document are based on the experience of decades of organizing and fighting for the rights of LGBTIQ+ people. They were prepared through the cooperation of associations Ljubljana Pride, Legebitra, DIH, and Kvartir, Institute TransAkcija and Institute Open.
