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Dutch ambassador to U.S. reaffirms country’s commitment to LGBTQ, intersex rights

Amsterdam Rainbow Dress displayed at Lincoln Memorial on Monday

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Dutch Ambassador to the U.S. André Haspels (Photo courtesy of the Dutch Embassy)

Dutch Ambassador to the U.S. André Haspels on Tuesday said the Netherlands remains committed to LGBTQ and intersex rights in his country and around the world.

Haspels spoke with the Washington Blade a day after the embassy, the Capital Pride Alliance and the Amsterdam Rainbow Dress Foundation showcased the Amsterdam Rainbow Dress at the Lincoln Memorial.

The dress, which has a 52′ circumference, contains the flags of the 68 countries in which consensual same-sex consensual relations remain criminalized. 

The Netherlands in 2001 became the first country in the world to extend marriage rights to same-sex couples. The dress’ bodice, which is made with Amsterdam’s city flag, commemorates this watershed moment in the global LGBTQ and intersex rights movement.

A press release from the Dutch Embassy notes the dress was made in 2016 and was first displayed at Rotterdam Pride. 

Models in the U.S., Spain, South Africa, Greece, Australia and other countries have worn it. Makia Green, an LGBTQ and intersex rights activist, and Vagenesis, a drag performer and advocate, wore the dress while it was in D.C.

“We invited the Rainbow Dress to come over to the United States, to Washington, to show our support for LGBTIQ+ rights worldwide,” said Haspels. “What better location is there in front of the Lincoln Memorial, because LGBTIQ+ rights are part of a broader aspect of human rights.”

“The main issue is to focus on the importance of LGBTQI rights, and also understanding and promoting the fact that it is important to ensure freedom for everyone to decide whom they want to love and to identify and whom they want to identify with as they wish,” he added. “That’s our goal for the Amsterdam Rainbow Dress.”

The Amsterdam Rainbow Dress in D.C. on May 15, 2023. (Photo by Stephen Voss)

Haspels spoke with the Blade a day before the International Day Against Homophobia, Transphobia and Biphobia, which commemorates the World Health Organization’s declassification of homosexuality as a mental disorder on May 17, 1990.

Kyiv Pride on Wednesday noted its staffers visited the Dutch Embassy in the Ukrainian capital, “where the flag of the LGBTIQ+ community was solemnly raised in honor of the Day Against Homophobia, Transphobia and Biphobia.”

“This was an extremely important event for our community,” tweeted Kyiv Pride.

Ukrainian President Volodymyr Zelenskyy on May 4 met with Dutch Prime Minister Mark Rutte and other members of his government while he was in the country. Zelenskyy also visited the International Criminal Court in The Hague.

The ICC in March issued arrest warrants for Russian President Vladimir Putin and Russian Children’s Rights Commissioner Maria Lvova-Belova. The Netherlands-based court accuses them of abducting children from Ukraine. 

“It is important to continue to support Ukraine in many different ways,” Haspels told the Blade. “We continue to support them with military aid, with rehabilitation aid. We also receive refugees from Ukraine.”

Haspels said his government continues to gather “information about war crimes to make sure those who are responsible for this terrible war will be held accountable.” He also said the Netherlands continues to “welcome all Ukrainians, irrespective of their backgrounds, and who they are.”

“They are most welcome,” said Haspels.

The Amsterdam Rainbow Dress in D.C. on May 15, 2023. (Photo by Stephen Voss)

Haspels noted WorldPride 2026 will take place in Amsterdam. (The biennial event will take place in D.C. in 2025.) 

The Netherlands is a member of the Global Equality Fund, a U.S. initiative that seeks to promote LGBTQ and intersex rights around the world. Haspels pointed out to the Blade that his country also works with the European Union on these issues, and has invited activists from Uganda and other countries to the Netherlands.

Ugandan lawmakers earlier this month once again approved their country’s Anti-Homosexuality Act, which contains a death penalty provision for anyone found guilty of “aggravated homosexuality.” The Netherlands is among the countries that have urged Ugandan President Yoweri Museveni to veto the bill.

“We have to be honest, it’s not always an easy environment,” Haspels told the Blade in response to a question about the Anti-Homosexuality Act and supporting LGBTQ and intersex activists and rights around the world. “Sometimes you have to be cautious also not to bring people, in this case, Ugandan people, into danger.”

“It’s not easy, but we have no alternative than to continue focusing on these rights and strive for improvement,” he added.

‘We also can improve’

The Netherlands received a 56 percent score in the annual ILGA-Europe Rainbow Map and Index report that the European LGBTQ and intersex rights group last week. ILGA-Europe made three specific recommendations to the Dutch government.

         • Prohibiting medical interventions on intersex minors when the intervention has no medical necessity and can be avoided or postponed until the person can provide informed consent. 

         • Reforming the legal framework for legal gender recognition to be fair, transparent, based on a process of self-determination and free from abusive requirements (such as GID/medical diagnosis or age restriction.) 

         • Banning so-called “conversion practices” on the grounds of sexual orientation and gender identity.

Haspels acknowledged his government can do more to extend rights to LGBTQ and intersex people.

“There’s the law, and there’s the rules and regulations, which are very important,” he said. “We also can improve.”

Haspels noted there is “still a lot of legislation in preparation in order to improve the situation.” Haspels also specifically pointed to violence against LGBTQ and intersex rights activists where the “police did not act responsibly.”

“We’re struggling with that,” he said.

“There’s scope for improvement for my country as well, but again, I think the most important thing is to bring it out in the open, to start a discussion,” added Haspels. “That’s also the idea of the Rainbow Dress, and we’re also working together with United States. Also there in the United States, things can still be improved … We follow closely what’s going on in other countries, but the most important thing is to have a dialogue.”

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European Union

European Parliament backs EU-wide conversion therapy ban

More than 1.2 million people backed campaign

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(Photo by axelbueckert/Bigstock)

The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.

ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.

The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

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European Union

Top EU court strikes down Hungary’s anti-LGBTQ propaganda law

Ruling issued days after voters outed Prime Minister Viktor Orbán

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An anti-transgender book for sale in a bookstore in Budapest, Hungary, on April 4, 2024. The European Union Court of Justice has struck down Hungary's anti-LGBTQ propaganda law. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday struck down Hungary’s anti-LGBTQ propaganda law.

Hungarian MPs in 2021 approved Act LXXIX of 2021.

“It shall be forbidden to make accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality,” it reads.

The European Commission in 2022 challenged the law. Sixteen EU countries — Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden — joined the lawsuit. The European Parliament also supported it. Outgoing Hungarian Prime Minister Viktor Orbán, for his part, said his government would defend the law.

The EU Court of Justice heard the case in 2024.

A press release that announced the ruling on Tuesday said Hungary “acted in breach of EU law.”

“The court finds, for the first time, a separate infringement of Article 2 TEU (Treaty on European Union), which lists the values on which the (European) Union is founded and which are common to all the Member States,” it reads. “The aspects of the amending law targeting content which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality constitute a coordinated series of discriminatory measures which are in breach, in a way that is both manifest and particularly serious, of the rights of non-cisgender persons — including transgender persons — or non-heterosexual persons, as well as the values of respect for human dignity, equality and respect for human rights, including the rights of persons belonging to minorities.”

“Consequently, that law is contrary to the very identity of the (European) Union as a common legal order in a society in which pluralism prevails,” notes the press release.  “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”

The Háttér Society, a Hungarian LGBTQ rights group, said the ruling “is a milestone for the protection of human rights in the European Union, and it is also a historic victory for LGBTQI people in Hungary.”

The court issued its ruling nine days after Péter Magyar ousted Orbán in Hungary’s elections.

Orbán took office in 2010.

He and his government faced widespread criticism over its anti-LGBTQ crackdown that included laws that banned Pride events and other public LGBTQ events. (Upwards of 100,000 people last June denied the prohibition and marched in Budapest’s annual Pride parade.)

“Those amendments constitute a particularly serious interference with several fundamental rights protected by the (EU) Charter (of Fundamental Rights), namely the prohibition on discrimination based on sex,” notes the court’s press release.

The EU since Orbán took office has withheld upwards of €35 billion ($41.2 billion) in funds to Hungary in response to concerns over corruption, rule of law, and other issues. Magyar has said he will work with Brussels to unfreeze the money.

ILGA-Europe Deputy Director Katrin Hugendubel urged Maygar’s government to repeal the law.

“With this ruling, the CJEU (The EU Court of Justice) is confirming what we have been saying for six years,” said Hugendubel. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law. Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban.”

“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” added Hugendubel.

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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