According to a report recently published by the European Union Agency for Fundamental Rights (FRA) the protection of lesbian, gay, bisexual and transgender (LGBT) persons reveals importante differences between Member states. While in some of them legislation and practice is increasing the protection of LGBT persons, in others their rights are being restricted or neglected.

The report put forward by the European Union Agency for Fundamental Rights (FRA) highlights three underlying problems faced by lesbian, gay, bisexual and transgender (LGBT) persons in the European Union. They are sometimes forced to live in silence and invisibility, suffer violent attacks, and are not treated equally, for example at work, by landlords or when moving around the EU.

This report has been elaborated following European Parliament's request to examine the situation of  lesbian, gay, bisexual and transgender (LGBT) persons in depth, following restrictive legislation on their rights in certain EU Member States, which makes this social group one of the most targeted by  discrimination in the Union

The legal trends studied in the report cover some varied areas which include legal protection against discrimination, freedom of assembly and of expression, hate speech and hate crime, as well as the meaning of ‘family member’ for the purpose of free movement, asylum and protection of LGBT people, and the possibility and requirements for transgender people to access gender reassignment treatment, and to have their gender reassignment recognised in law.

Main conclusions of FRA report on Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity

• A few EU Member States have amended their legislation and practice concerning access to gender reassignment treatment, and alteration of the recorded name or sex on official documents.
• The update reveals progress in a number of Member States in relation to the scope of legal protection against sexual orientation discrimination.
• The update reveals progress in relation to the enjoyment of freedom of assembly, and expression for LGBT people as well as protection from violence motivated by prejudice, incitement to hatred and expressions of prejudice and discrimination against them. For instance, in Poland, Romania and Bulgaria pride marches were held successfully for the first time. In contrast, in Lithuania the 2010 Baltic pride was threatened with cancellation at short notice, and in Latvia the right to organise marches continues to be challenged by elected offi cials despite several court rulings annulling attempted bans.
• Several developments can be noted in relation to the opening up of marriage for same-sex couples. In addition to Belgium, the Netherlands, and Spain, marriage is now permitted in Portugal and Sweden, and similar legislation is in the process of being adopted in Luxembourg and in Slovenia.
• Concerning the grant of international protection to LGBT people who are victims of persecution in their countries of origin, the 2008 report found that the inclusion of sexual orientation as a ground of persecution had remained implicit in the legislation of eight Member States. This update shows that the total number of Member States which explicitly consider lesbian, gay and bisexual (LGB) people as a ‘particular social group' has now risen to 22, which signals a clear trend towards legislative inclusion of LGB people as potential victims of persecution.