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European court rules Russia violated transgender parent’s rights

Plaintiff denied access to children because of gender identity

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(Bigstock photo)

The European Court of Human Rights on Tuesday ruled Russia violated the rights of a transgender woman who authorities did not allow to visit her children because of her gender identity.

A press release that Transgender Europe and ILGA-Europe issued says Moscow authorities “prevented” the woman “from having contact with her children because of her gender identity and transition.”

The Transgender Europe and ILGA-Europe press release notes Russian courts defended the decision to restrict the woman’s parental rights because any contact with a parent who is trans would have had a “negative impact on the mental health and psychological development” of her children. The European Court of Human Rights specifically ruled Russia violated Articles 8 and 14 of the European Convention on Human Rights that guarantee a person has the “right to respect for private and family life, home and correspondence” and the “prohibition of discrimination” respectively.

“The kids are alright — there is nothing wrong with being a trans parent,” said Transgender Europe Executive Director Masen Davis. “Today, we celebrate this important message together with all trans families. Every fourth trans person in Europe is a parent. Today’s judgement gives legal security to many of them. We congratulate the applicant for having gone all the way to Strasbourg to defend her right to be the best possible parent to her children.”

ILGA-Europe Executive Director Evelyne Paradis echoed Davis.

“Too often we are hearing the best interest of the child being abused as an argument to limit the rights of LGBTI people,” said Paradis. “We are glad to see the court clearly rejecting such an abusive argument, and instead naming very concrete responsibilities for state authorities in ensuring the best interest of the child. Spreading hatred, misinformation and splitting loving parents from their children is not in the best interest of children.”

The press release notes the ruling is the first time the European Court of Human Rights has used Article 14 of the European Convention on Human Rights in a decision about discrimination based on gender identity. The ruling also underscores the lack of legal protections and rampant discrimination that LGBTQ Russians continue to face.

Marina and her then-girlfriend in 2015 fled their home Russia with the child they were raising together and asked for asylum in the U.S. as a family.

“If the government knows that I have an LGBT family, like two women and a child, they can take my daughter away,” Marina told the Washington Blade earlier this year during a telephone interview from Guam where she and her child continue to wait for a decision in their case.

Marina’s child has come out as trans and has begun to transition.

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Swiss voters overwhelmingly approve marriage equality law

‘Marriage for All’ statute received 64 percent support in referendum

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(Photo public domain)

Voters in Switzerland on Sunday voted overwhelmingly in favor of a law that extends marriage rights to same-sex couples.

Swiss voters supported the “Marriage for All” law by a 64-36 percent margin in the referendum.

Lawmakers approved the statue late last year. Marriage equality opponents were able to force a referendum on it.

Switzerland joins neighboring France, Germany, Austria and other European countries that have extended marriage rights to same-sex couples.

Maria von Känel, co-president of the “Marriage for All” campaign, described the referendum results as “a historic day, a milestone for LGBTQ equality.”

“It’s a great achievement,” she told the Washington Blade. “All cantons and 64.1 percent of Swiss voters have voted yes for marriage for all. Our partnerships and families are now recognized equally and legally.”

“We have great support of the family, children and human rights organizations and many thousands of people who took to the streets for this cause and did public work,” added von Känel. “We are infinitely grateful.”

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US ambassador to UN calls for repeal of criminalization laws

Linda Thomas-Greenfield spoke at U.N. LGBTI Core Group event

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U.S. Ambassador to the U.N. Linda Thomas-Greenfield (Photo courtesy of the U.S. State Department; public domain)

United States Ambassador to the U.N. Linda Thomas-Greenfield is among those who participated in a Wednesday event on the sidelines of the U.N. General Assembly that highlighted efforts to decriminalize consensual same-sex sexual relations.

Thomas-Greenfield in her remarks during the largely virtual U.N. LGBTI Core Group event noted consensual same-sex sexual relations remain criminalized in more than 70 countries.

“For millions of people it is illegal for them to be who they are, to love who they love. We need to repeal and eliminate these laws,” she said. “For our part, the United States is using our diplomacy, our foreign assistance and every tool we have to protect human rights, empower civil society and support local LGBTQI movements.”

The U.S. is one of 35 countries that are members of the Core Group.

Wednesday’s event also highlighted efforts to decriminalize transgender people and repeal laws that specifically target them.

“We need more countries to join this committed group,” said Thomas-Greenfield. “Together, let’s do everything we can to protect human rights and promote equality for all.”

Belgian Prime Minister Alexander De Croo; Nepalese Ambassador to the U.N. Amrit Bahadur Rai; New Zealand Ambassador to the U.N. Craig Hawke; Australian Permanent U.N. Representative Mitch Fifield; Brazilian Ambassador to the U.N. Rolando Costa Filho; Canadian Ambassador to the U.N. Robert Keith Rae; Assistant U.N. Secretary General for Strategic Coordination Volker Türk; Argentine Foreign Affairs Minister Santiago Cafiero; Dutch Foreign Affairs Minister Tom de Bruijn; Japanese Foreign Minister Jun Shimmi; Norwegian Foreign Affairs Minister Ine Eriksen Soreide; Salvadoran Foreign Affairs Minister Alexandra Hill Tinoco; Costa Rican Vice Multicultural Affairs Minister Christian Guillermet-Fernández; Finnish Foreign Affairs Ministry Johanna Sumuvuori; Nick Herbert of the British House of Lords; European Union Equality Commissioner Helena Dalli; Swedish Foreign Affairs Minister Ann Linde; Icelandic Foreign Affairs Minister Gudlaugur Thór Thórdarson; Maltese Equality, Research, Innovation and the Coordination of Post COVID-19 Strategy Minister Owen Bonnici; Mexican Multilateral Affairs and Human Rights Undersecretary Martha Delgado; Italian Foreign Affairs Undersecretary Benedetto Della Vedova; Chilean Foreign Affairs Undersecretary Carolina Valdivia; German MP Michael Roth; Irish State for Overseas Development Aid and Diaspora Minister Colm Brophy and Danish Development and Nordic Cooperation Minister Flemming Møller Mortensen participated in the event that Reuters U.N. Bureau Chief Michelle Nichols emceed.

Acting OutRight Action International Executive Director Maria Sjödin and activists from Bhutan, Botswana, Guyana, Mozambique, Angola, Panamá and India took part. Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ issues, and Nikkie de Jager, a Dutch U.N. goodwill ambassador known as NikkieTutorials who is trans, also participated.

“Decriminalization is a very basic demand,” said Sjödin. “Given how many countries have these laws on the books, it is still a priority.”

Herbert, who is British Prime Minister Boris Johnson’s LGBTQ envoy, noted consensual same-sex sexual relations remain criminalized in 35 of the Commonwealth’s 54 countries. Herbert also announced the U.K. will give an additional $2.75 million to “support LGBT+ individuals in Commonwealth countries, including to those seeking to address outdated legislation that discriminates against women, girls and LGBT+ individuals.”

“We are clear that tackling discrimination is only one part of the issue,” said Herbert. “We must encourage countries as well to put in place laws that protect their LGBTI citizens going forward.”

President Biden in February signed a memorandum that committed the U.S. to promote LGBTQ rights abroad. The decriminalization of consensual same-sex sexual relation is one of the White House’s five global LGBTQ rights priorities.

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Immigration Equality condemns deportation of Haitian migrants, asylum seekers

Prominent activist found dead in Port-au-Prince home in 2019

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Hurricane Matthew, gay news, Washington Blade
Hurricane Matthew damage near Jérémie, Haiti in 2016. Immigration Equality has condemned the deportation of Haitian migrants and asylum seekers from the U.S. (Photo courtesy of Reginald Dupont/Fondation SEROvie)

Immigration Equality on Wednesday sharply criticized the Biden administration over the deportation of Haitian migrants and asylum seekers from the U.S.

“Over 10,000 Haitian migrants and asylum seekers are waiting at America’s doorstep, but the Biden administration won’t uphold their basic right to ask for protection,” said Immigration Equality Legal Director Bridget Crawford in a press release. “This is blatantly illegal and morally reprehensible. Many of these people are asylum seekers who face grave danger if returned to Haiti. They have traveled thousands of miles to escape a country torn apart by devastating earthquakes and political turmoil.”

The White House in recent days has been struggling to respond to the influx of Haitian migrants and asylum seekers in Del Rio, Texas, which is across the Rio Grande from Ciudad Acuña, Mexico. Pictures of U.S. Border Patrol agents on horseback chasing and whipping Haitians have sparked widespread outrage.

Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most migrants and asylum seekers because of the pandemic, remains in place. The U.S. Department of Homeland Security has begun to deport Haitian migrants and asylum seekers from Texas.

Immigration Equality in its press release notes Charlot Jeudy, a member of Kouraj, a Haitian LGBTQ rights group, was found dead inside his home in Port-au-Prince, the country’s capital, in 2019.

Violence and discrimination based on sexual orientation and gender identity remain commonplace in Haiti.

President Jovenel Moïse’s assassination on July 7 and an 7.2 magnitude earthquake on Aug. 14 that left scores of people dead and displaced hundreds of thousands of others have caused additional turmoil in Haiti, which is the Western Hemisphere’ poorest country.

A 7.0 magnitude earthquake that devastated Port-au-Prince and surrounding areas in 2010 killed an estimated 200,000 people.

Fondation SEROvie, a Haitian HIV/AIDS service organization, contributed to relief efforts after Hurricane Matthew caused widespread damage on the country’s Tiburon Peninsula in 2016. Last month’s earthquake struck in the same area.

“For LGBTQ people in particular, expulsion means returning to a society that rejects them. They are frequent targets of violence and sexual assault, including by the police,” said Crawford. “The country is fundamentally unsafe for the queer and transgender community.”

“Instead of welcoming Haitian asylum seekers as the U.S. should, the Biden administration is sending them back to life-threatening conditions,” added Crawford. “We call on the administration to halt the deportation flights immediately and end Title 42 in its entirety. The disturbing images of border agents on horseback chasing down terrified Haitian migrants go against the administration’s professed ideals. Shame on the Biden administration for embracing this xenophobic and illegal Trump-era policy and mistreating vulnerable migrants.”

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