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United Nations Human Rights Committee raised concerns over LGBTQ rights in US

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(Los Angeles Blade graphic)

United Nations

U.N. Human Rights Chief Volker TĆ¼rk (Photo courtesy of the U.N. press office)

In its review of the U.S.ā€™ record on civil and political rights released earlier this month, the United Nations Human Rights Committee condemned a flood of discriminatory state legislation restricting the human rights of LGBTQ

The committee’s summary was first reported on by Human Rights Watch.

“The United States ratified the International Covenant on Civil and Political Rights (ICCPR) in 1992. Every four years, the HRC reviews laws and policies in countries that have ratified the treaty to evaluate where they are in compliance with the treaty and where they fall short. The review of the US was postponed during the COVID-19 pandemic, making this theĀ first review of the US in nine years.

Among the worrying U.S. laws are those restricting access to gender-affirming care and prohibiting transgender children from participating in school sports or using bathrooms consistent with their gender identity. Also concerning are laws banning books as well as prohibiting classroom instruction on sexual orientation or gender identity, LGBT people and their families in schools.

In its concluding observations, the committee expressed concern about laws limiting transgender peopleā€™s access to healthcare, athletics and public accommodations, and restricting discussions of race, slavery, sexual orientation and gender identity in schools. It underscored the prevalence of discrimination against LGBT people in the U.S., including in housing, employment, correctional facilities and other domains.Ā 

The committee also condemned derogatory speech aimed at LGBT people, including from public officials, and violence against LGBT people and members of other minority groups.”

Russia

Screenshot of Seventeenā€™s hit song ā€œGod of Musicā€ showing a rainbow in original video, left, and after censorship by TNT Music, which runs a Russian music chart show dedicated to South Korean pop music. (Image courtesy of HYBE LABELS)

TNT Music, which is owned by parent company Fonbet, the largest sports betting company operating in Russia and Kazakhstan, altered a video of the South Korean K-Pop boy band Seventeenā€™s hit song ā€œGod of Musicā€ that showed a rainbow.

 TNT Music transformed the rainbow featured in the original video into a gray cloud. 

According to the English-languageĀ Russian news outlet the Moscow Times, TNT Music appears to have erred on the side of caution after a Moscow court finedĀ its owner Fonbet TV 1 million rubles ($10,800) in July for violating the countryā€™s draconian ā€œLGBT propaganda lawā€ when it aired Finnish singer Almaā€™s music video for the song ā€œSummer Really Hurt Us.ā€

In a March 2019 article in British publication Gay Times, Alma confirmed she is a lesbian and in a relationship with Finnish poet and human rights activist Natalia Kallio.

The channel faces another fineĀ of up to 16 million rubles ($174,000) on four administrative charges of spreading ā€œLGBT propagandaā€ among minors, according to Russian state media.Ā 

The Russian Federal Service for Supervision of Communications, Information Technology and Mass Media, abbreviated as Roskomnadzor, has been directed to ban any websites that contain information about LGBTQ identities or anything that could be construed as promoting LGBTQ related materials.

According to the Moscow Times, there was fear that the rainbow and an all-boy band would provoke Roskomnadzor into fining TNT again.

Latvia

Latvian Prime Minister Evika Siliņa (Photo courtesy of the European Council Press Office)

In a Nov. 9 vote, Parliament voted to allow same-sex couples to establish civil unions-partnerships, which gives same-sex couples in this Baltic state legal recognition, but fewer rights than married couples.

The countryā€™s Prime Minister, Evika Siliņa, issued a statement applauding the actions by lawmakers.

ā€œThis is a good day. Society has taken an important step in creating a modern and humane Latvia. With the Saeima supporting the introduction of registered partnerships, the state has fulfilled its legal obligations and given a clear signal that all families are important. Thanks for the intelligent vote!ā€ the prime minister said.

The action by Latviaā€™s Parliament comes five monthsĀ after lawmakers in Estonia approvedĀ a law that extended marriage rights to same-sex couples in that Baltic nation. However, while the new law allows hospital visiting rights, as well as some tax and social security benefits, the law falls short in other critical areas say LGBTQ rights activists.

Speaking with Reuters, Kaspars Zalitis, a gay rights activist, noted same-sex couples would still not be able to adopt children and would continue to face inheritance issues.

ā€œThis is a great beginning ā€¦ Latvia is not one of the six countries in the European Union that have no recognition for same-sex couples,ā€ he said.

European Union

European Union President von der Leyen addresses EU Parliament last month. (Screenshot courtesy of the European Council Press Office)

A new global call for civil society organizations projects with a projected total budget of 36 million euros ($38.47 million) under a expanded program on Human Rights and Democracy (part of NDICI/Neighborhood, Development and International Cooperation Instrument ā€“ Global Europe) was announced on Nov. 7.

The present Global Call for Proposals targets:

  • ā€œFair, Accountable and Inclusive Trade and Business ā€“ Flagship Action on Business and Human Rights, Forced and Child Labour and Indigenous Peoplesā€™ Rights;ā€
    • Global, regional or multi-country projects targeting high-risk sectors, value or supply chains that will contribute to the accompanying measures of the upcoming Corporate Sustainable Due Diligence Directive and Forced Labor Regulation.
    • CSOs will be better equipped to monitor, report, access remedies, partner with the private sector and/or social partners and advocate for the implementation of relevant EU and international human rights principles and legislations. Projects financed will contribute to the sustainable implementation of the Global Gateway Strategy by reinforcing relevant social and environmental standards.
  • ā€œGlobal actions on human dignity, non-discrimination and inclusion;ā€
    • Projects will promote equality, inclusion and respect for LGBTQ+ persons at global, regional or national level and more specifically in Sub-Saharan countries where consensual same-sex sexual acts between adults in private are criminalised. Priorities will include advocacy for anti-discrimination laws, support to social inclusion and empowerment of CSOs working on LGBTIQ rights.
    • Promote Freedom of Religion or Belief, and prevent and combat discrimination, intolerance and violence on grounds of religion or belief through regional projects. Under this lot, intersectionality between freedom of religion or belief and gender issues is encouraged. 

Projects will be global, multi-country or regional. The lead applicants should be international organizations given the size of the grants and geographic scope, with at least one local co-applicant and mandatory financial support to local organizations.

France

During the Sept. 24 soccer match between teams Paris Saint-Germain and Marseille, homophobic chants were audible. (Ligue 1 YouTube screenshot)

Attorneys representing Groupe des familles LGBT filed a criminal complaint against Seattle-based Amazon Prime for replay of the Sept. 24 soccer match between teams Paris Saint-Germain and Marseille, where homophobic chants were clearly audible.

According to the French English-language news outlet Le Monde, During the match between the bitter rivals, thousands of Paris Saint-Germain supporters chanted homophobic slogans referring to their opponents. An Agence France-Presse reporter covering the game said the chanting in PSGā€™s Parc des Princes stadium went on for around 10 minutes.

Four PSG players, including Randal Kolo Muani and Ousmane DembĆ©lĆ©, were given suspended one-match bans for also chanting insults directed at the Marseille players while celebrating their 4-0 thrashing of their opponents.

In the legal complaint filed, Groupe des familles LGBT noted that under the French criminal code, that while broadcasters are not responsible for offensive content that may occur during a live match they are liable for content offered on replay.

The complaint says that during the replay, ā€œyou can hear several chants from fans coming from the stands, some of which are distinctly homophobic in nature.ā€ Two other LGBT rights groups, Mousse and Stop Homophobie, have said they will also join the complaint against Amazon for public insults and incitement to hatred or violence against people based on their sexual orientation.

An Amazon spokesperson told AFP the match was no longer available on Prime Video at the time the complaint was announced and that, as a broadcaster, it did not condone the comments or behavior of certain fans. 

ā€œHomophobia has no place in sport or in society, and we condemn it, like all forms of discrimination, in the strongest possible terms,ā€ the spokesperson said.

Poland

Radosław BrzĆ³zka, once a local Świdnik regional elected official and now chief of staff for Polish Education Minister Przemysław Czarnek. (Photo courtesy of the Polish government)

In March 2019, local elected officials of the Polish conservative Law and Justice (PiS) party passed a regional government resolution backed by Radosław BrzĆ³zka, who led a vocal and vitriolic anti-LGBTQ campaign. BrzĆ³zka, is now chief of staff to Education Minister Przemysław Czarnek, who labeled LGBTQ people, ā€œdeviants who do not have the same rights as normal people.ā€

Earlier this month after the threat of pulling 3.6 million Polish zloty ($867,955) in funding by the European Union the local council rescinded the 2019 resolution.

According to the Polish investigative journalism media outlet OKO.press, in Świdnik, Jakub Osina, a local elected official announced that the resolution has now been repealed and replaced with one that makes no mention of LGBTQ issues but pledges to protect ā€œthe moral development of the young generation and the institution of the family based on Christian values.ā€

In September 2021, the executive branch of the EU, the European Commission, sent letters out to the governors of five of Polandā€™s provinces warning that pandemic relief funds totaling over 126 million euros ($150 million) will be withheld over anti-LGBTQ measures passed in their jurisdictions.

Poland has seen a resurgence in the past three years of rightwing religious ultra-conservative groups backed by nationalistic extremists in this heavily Catholic country of 38 million, which have led to passage of measures to restrict pride parades and other LGBTQ-friendly events from taking place.

Proponents of these measures claim the necessity of the provinces to be ā€œfree of LGBTQ ideologyā€ saying this is mandated by average Poles as well as by the anti-LGBTQ views of the Catholic Church.

ILGA-Europe, a Brussels based advocacy group promoting the interests of LGBTQ and intersex people, at the European level, in a statement it sent to the Washington Blade in June 2021 after the EU letter was issued, noted that both Hungary and Poland, another EU country in which lawmakers have sought to restrict LGBTQ rights in recent years are at odds with the EU position on LGBTQ people.

ā€œFor quite some time now, weā€™ve been informing EU ministers about systematic breaches of EU law committed by Hungary and Poland, which impact on LGBTI rights and the lives of LGBTI people,ā€ says ILGA-Europe.

The threat of losing funds led many Polish local authorities to begin repealing the resolutions local non-profit Polish news outlet Notes from Poland reported.

Indonesia

Coldplay, Music of The Spheres World Tour at the Tokyo Dome in Tokyo on Nov. 7, 2023. (YouTube screenshot)

Roughly a hundred conservative Muslims took to the streets of the Indonesian capital city protesting the upcoming concert by British rock band Coldplay on Tuesday at Jakartaā€™s Gelora Bung Karno stadium.

The protestors are angered by the groupā€™s support of the LGBTQ community. Coldplayā€™s lead singer Chris Martin has been known to wear rainbow colors and wave gay Pride flags during performances.

The Asian leg of Coldplayā€™s ā€œMusic Of The Spheres World Tourā€ has been a sell out in every major city on the tour. The AP reported that more than 70,000 tickets were scooped up in less than two hours when sales opened in May as Jakarta is one of the bandā€™s top streaming hubs with 1.6 million fans in the city.

The Associated Press reportedĀ that demonstration was organized by Islamist group the 212 Brotherhood Alumni, whose name refers to the Dec. 2, 2016, mass protests against the polarizing Christian politician Basuki Tjahaja Purnama. The crowd chanted ā€œGod is Greatā€ and ā€œWe reject Coldplayā€ as they marched to the heavily guarded British Embassy in Jakarta.

ā€œWe are here for the sake of guarding our young generation in this country from efforts that could corrupt youth,ā€ Hery Susanto, a protester from West Javaā€™s city of Bandung told Associated Press journalist Fadlan Syam. ā€œAs Indonesian Muslims, we have to reject the Coldplay concert.ā€

Novel Bamukmin, a protest coordinator, gave a speech criticizing the government for allowing the band to hold a concert in Indonesia, the worldā€™s most populous Muslim-majority country. He said if the concert was not canceled, thousands of protesters would confront the band on its way from the airport.

ā€œColdplay has long been a strong supporter of LGBT and its lead singer is an atheist,ā€ Bamukmin said, standing on the top of a truck, ā€œWe must reject their campaign, their concert here.ā€

Security concerns in this deeply conservative nation have previously caused other Western musical artists who support the LGBTQ community to cancel their scheduled shows.

Lady Gaga canceled her sold-out show in Indonesia in 2012 over security concerns after Muslim hard-liners threatened violence if the pop star went ahead with her ā€œBorn This Way Ballā€ concert.

Additional reporting by Human Rights Watch, the Moscow Times, Agence France-Presse, Le Monde, Reuters, OKO.press, the Associated Press, and the BBC.

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Africa

Protesters vandalize Zimbabwean LGBTQ rights group’s offices

GALZ has reported the incident to the police

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Protesters vandalized GALZ's offices in Harare, Zimbabwe, with homophobic graffiti. (Photos courtesy of GALZ)

A handful of protesters over this past weekend vandalized the offices of Zimbabwe’s largest LGBTQ rights organization.

Although they did not enter GALZ (an Association of LGBTI People in Zimbabwe)’s building in Harare, the country’s capital, they did gather at the gate and sang homophobic songs. The protesters also left anti-gay graffiti on the gate and walls.

Several people after the incident started to question the authenticity of the protesters, arguing GALZ itself organized the protest in order to get funding. They said some of the protesters “looked gay” and even argued the organization had yet to approach the police.

GALZ has sought to discredit some of the reports, while calling the protest disrespectful and uncalled for.

“We categorically condemn the acts of vandalism and intimidation that occurred on Sunday afternoon,” said GALZ in a statement. “A group of individuals claiming to represent various Christian churches descended at our offices. They proceeded to vandalize the property, painting hateful graffiti on the walls. While we respect differences in values, it is utterly unacceptable to deploy acts of vandalism and intimidation against communities who hold different values.”

GALZ said it has filed an official police report, and is “cooperating fully with the ongoing investigations.” 

“We call on the authorities to hold the perpetrators accountable for these criminal actions,” said the organization. 

GALZ also said it remains steadfast in its commitment to LGBTQ rights, and urged religious and political leaders to be at the forefront of fostering unity in Zimbabwe.

“This act of violence has not been committed in isolation, it is a stark reminder of the ongoing discrimination and hostility that our community faces,” said GALZ.

“We urge religious and political leaders to condemn such acts of hate and to uphold the  constitutional rights and freedoms for all citizens to be protected by law regardless of their diverse backgrounds including sexual orientation, gender identity and expression. We encourage Zimbabweans to resort to open and respectful dialogue to address indifferences,” added the organization.

Several United Methodist Church parishioners last month held a protest in Harare during which they protested the church’s recent decision to allow LGBTQ clergy and same-sex marriages. James Kawadza, one of the protest organizers, said it was un-African to engage in same-sex relations.

“Homosexuality is unlawful in Zimbabwe and marriage is between a man and a woman,” he said. “The church has aligned with the rainbow movement, and this is also a threat to our African traditions and human existence at large. Homosexuality is not contextual, it is an abomination where Sodom and Gomorrah were destroyed by fire.”

Section 73 of Zimbabwe’s Criminal Law (Codification and Reform) Act on sexual crimes and crimes against morality says any “male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to” a fine, up to a year in prison or both.

Cases of people being arrested under this provision are rare.

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Africa

What’s next for LGBTQ rights in South Africa after the country’s elections?

African National Congress lost parliamentary majority on May 29

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Pretoria and Cape Town are the first cities in Africa to install Pride crosswalks. Activists are wondering what the outcome of South Africa's May 29 elections will mean for LGBTQ rights. (Photo courtesy of Bruce Walker/Pretoria Pride)

More than 50 independent candidates and political parties participated in South Africa’s national and provincial elections that took place on May 29. The Electoral Commission of South Africa declared the results on June 2.

No independent candidate or political party managed to secure the outright parliamentary majority of more than 50 percent of the votes, which prompts the creation of a coalition government. None of the 18 political parties that managed to win at least one seat in the National Assembly wholly represented the LGBTQ community.

Although South Africa is the only African country that constitutionally recognizes the rights of the LGBTQ community, some of the political parties that managed to secure seats in the National Assembly had signaled they would reserve these gains.

Former President Jacob Zuma, who leads the uMkhonto weSizwe (MK) party, during a January debate said the thought of dating within the same gender was unpalatable and un-African. The MK is now the country’s third largest political party after it won 14.58 percent of the vote, making it a pivotal player in the formation of a coalition government.

Dawie Nel, the executive director of OUT LGBT Well-being, said undermining the constitution is “a dangerous, misguided, and populist strategy to avoid acknowledging the failures of governance and the lack of implementation of constitutional values that are meant to improve the lives of South Africans.”

ā€œSouth Africa’s constitution is celebrated as one of the most significant achievements of our transition to democracy, ensuring that all citizens are treated with dignity and respect, and that their rights are protected in all aspects of life,” said Nell. 

There now seems to be an impasse on who becomes the government’s next leader because of some of the demands that political parties made before they entered into any negotiations.

Bruce Walker of Pretoria Pride said the best possible outcome for the preservation of LGBTQ rights in South Africa would be if the former governing political party, the African National Congress (ANC), which garnered the most support with 40.18 percent of the vote, partners with the Democratic Alliance (DA), which finished second with 21.81 percent of the votes, to form a coalition government.

“I think it will be a good outcome for the community if the DA has some power in a coalition government,” said Walker.

Rise Mzansi, which managed to secure 0.42 percent of the votes with two seats in the National Assembly, said it will continue protecting the rights of the LGBTQ community.

“Rise Mzansi reaffirms its commitment in protecting LGBTQ+ rights in South Africa, as outlined in Section 9 of our constitution,” said the party.

Zubenathi Daca, program coordinator for student employability and entrepreneurship development in Nelson Mandela University’s Department of Student Governance and Development said the fight for LGBTQ rights in South Africa will continue.

“The battle has not yet been won,” said Daca. “Queer people are still being killed and homophobic remarks are still being made towards us daily, and we need people who have found the confidence to voice out their dissatisfactions against how they are treated and also speak out for the voiceless.” 

“This society is ours just as it is everyone elseā€™s,” added Daca. “We are in corporate spaces, leadership positions, and political spaces to show that we belong here, and that we are here to stay.” 

The constitution says National Assembly members should be sworn in within two weeks of the elections. They will then meet for the first time and elect a new speaker, deputy speaker and president.

Chief Justice Raymond Zondo who will preside over the entire process, on Monday said the National Assembly will meet for the first time since the elections on Friday.

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European Union

The 2024 European elections: A turning point for LGBTQ rights in the EU?

Right-wing parties made electoral gains

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European Union President von der Leyen addresses the European Parliament in October 2023. (Screenshot courtesy of the European Council Press Office)

As the dust settles after the 2024 European Parliament elections, right-wing parties are gaining substantial ground and concerns about the potential impact on LGBTQ rights are growing. The projected surge in support for far-right parties, however, was not as pronounced as some had expected.

Monday morning’s estimates indicate the far-right’s presence has, however, undeniably increased.Ā 

The European Conservatives and Reformists (ECR) gained four seats, bringing their total to 73. The Identity and Democracy group saw a significant rise, gaining nine seats to reach 58. Together, these nationalist, anti-immigrant parties now hold around 130 seats, reflecting their growing influence. Marine Le Pen’s National Rally in France, which clinched over 32 percent of the vote, and the Alternative for Germany securing approximately 16 percent of the vote and becoming the country’s second-largest party, ahead of Chancellor Olaf Scholzā€™s Social Democrats, in particular could affect the broader political dynamics in Europe.

Despite the gains for the far-right, the mainstream conservative European Peopleā€™s Party (EPP) emerged as the largest group, securing 189 seats, an increase of 13 seats. The two other centrist parties, the Progressive Alliance of Socialists and Democrats and Renew Europe, however, experienced losses that eroded the political center. S&D finished with 135 seats, losing four, while Renew Europe saw a significant reduction, finishing with 83 seats.

European Commission President Ursula von der Leyen celebrated her partyā€™s victory and called for cooperation among centrists to ensure a “strong and effective Europe.” She emphasized the responsibility that comes with the election results, noting the need for stability amid growing support for extremist parties.

The election’s biggest losers were the Greens, who saw their support decrease by 25 percent, ending with 53 seats. The Greens, despite this setback, could still play a crucial role in supporting centrist majorities as an alternative to further-right parties.

All eyes are now on the election winners, the EPP. 

Von der Leyen has indicated her readiness to work with certain parties sitting with the hard-right ECR. Initial signals from the EPP camp, however, suggest it will stay true to its traditional allies at the center. Von der Leyen has offered to work with socialists and liberals to build a “majority in the center for a strong Europe,” underscoring the importance of maintaining a united front against extremism.

The narrow margins in the new parliament could lead to issue-by-issue coalitions, especially for sensitive issues such as those related to the European Green Deal. This limited room for maneuver could see the EPP relying on partners to its right on an ad hoc basis, including for critical decisions that include ushering in a new commission president. Von der Leyenā€™s future hangs in the balance as she seeks re-election. National delegations within her EPP grouping and support from lawmakers of Giorgia Meloni’s Brothers of Italy party, which clinched 24 seats, will play a crucial role in her bid to secure an absolute majority of 361 MEPs.

The implications for LGBTQ rights in Europe are significant. 

Far-right parties, known for their conservative social values, might push for policies that restrict LGBTQ rights, opposing marriage and adoption by same-sex couples, and challenging the legal recognition of gender identity and access to healthcare for transgender people. Such potential policy reversals represent a significant setback for the LGBTQ community.

The rising popularity of far-right ideologies also poses a risk of heightened discrimination and hate speech against LGBTQ people. 

Hate-motivated violence and exclusion are likely to become more prevalent, along with more frequent and aggressive hate speech targeting the LGBTQ community. Additionally, far-right parties often promote traditional gender roles and family structures, potentially undermining the visibility and acceptance of LGBTQ identities. Nonbinary, transgender, and intersex people could face increased stigmatization.

The 16th annual Rainbow Map that ILGA-Europe publishes underscores the importance of legal protections for LGBTQ people. 

Authoritarian leaders across Europe continue to use the scapegoating of LGBTQ people to divide and mobilize their electorates. Several countries, however, have demonstrated robust political will to advance and protect LGBTQ rights. Some countries ā€” Germany, Iceland, Estonia, and Greece ā€” have made significant strides in protecting LGBTQ rights through improvements in legislation and anti-discrimination measures. Belgium, Cyprus, Norway, and Portugal have introduced bans on conversion therapy practices.

Countries such as Italy, on the other hand, show the consequences of stalling legislative protection for LGBTQ people. Moreover, EU accession countries, including Turkey and Georgia, are actively eroding human rights and fundamental freedoms.

The Rainbow Map illustrates the stark differences in how European countries handle LGBTQ rights. 

While some nations are making significant progress, others are regressing, influenced by the far-right’s growing power. Germany, Iceland, Estonia, and Greece, for example, have made noteworthy improvements in their legal frameworks to protect LGBTQ people. Germany prohibited hate crimes based on sexual orientation, gender identity, and sex characteristics, while Estonia and Greece amended their laws to allow same-sex couples to marry and adopt children.

In contrast, Italy, which has dropped in the rankings due to stalling legislative protections, exemplifies the risk of complacency that many activists in Europe fear. The far-right’s influence can quickly lead to the erosion of rights if proactive measures are not taken. The situation is even more dire in EU accession countries such as Turkey and Georgia, where LGBTQ rights are actively being rolled back.

The stakes are high as Europe moves forward from these elections. 

The EU must address the rise in political hate speech and new tools of oppression that include Russia’s criminalization of the LGBTQ movement. Without strong laws and policies to protect LGBTQ people, the foundation of safety, rule of law, and democracy in Europe is at risk.

The balance of power remains delicate as the European Parliament prepares for its new term.

The first major test will be the approval of the new European Commission president, which is set for July. Von der Leyen, who narrowly won her position five years ago, will need to secure broad support among centrists while navigating the complex dynamics of the new parliament. The secret ballot process adds an additional layer of uncertainty, making her re-election far from guaranteed.

The 2024 European elections have set the stage for potentially significant changes in the legislative and social landscape of the EU. As right-wing parties gain power, the fight for LGBTQ rights becomes more crucial than ever. The next few years will be pivotal in determining whether Europe can uphold its commitment to human rights and equality or if it will see a regression influenced by nationalist, conservative ideologies.

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