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Broad coalition neededCouncil of Europe has recently adopted the basic policy on the rights of lesbians, gays, bisexuals and the transsexual, i.e. LGBT-people (Lesbian, Gay, Bisexual, Transgender). The Council emphasizes the connection between basic human rights and discrimination against people because of their sexual orientation, gender expression and gender identity.
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Access to regular health care is also important, since the transsexual frequently experience prejudice in the face of healthcare professionals.
Difficult to change the gender on paperFRA reports that Latvia lacks good laws on legal change of sex. This leads to an unsafe situation for the transsexual.
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This year’s largest gay political event in the Baltics, the festival “Baltic Pride” parade took place near the Neris river in Vilnius on 8 May.
Yuliia Kishenko is a Ukrainian human rights defender and volunteer. She became part of the human rights movement over 10 years ago through her activism, when she joined “East SOS” – a volunteer movement that grew into a charitable fund supporting victims of war. In recent years Kishenko has focused on human rights in education, national advocacy and supporting civil society in war.
The European Union Agency for Fundamental Rights (FRA) says it is uncertain whether Lithuania and Estonia have a real protection against discrimination of the transsexual. According to FRA, negative attitudes towards the transsexual are far more common in these countries than against lesbians, gays and bisexuals.
At the 57th UN Human Rights Council, Human Rights House Foundation (HRHF) worked alongside civil society partners to highlight the situation for human rights in Eastern Europe, the Caucasus and the Balkans.
Then one can obtain new birth certificates and new passports. In Lithuania the proposed law on sex (2003) has not yet been adopted. In this void people can not legally change sex, since it is impossible to change the gender-specific personal code. A transgender person brought his case to European Court of Human Rights in Strasbourg against Lithuania. In 2007 the country was convicted of violations of the right to privacy.
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Gay parade in Vilnius went eventually as planned. That does not mean that life as a transgender in the Baltic States is a colorful celebration of the love and identity. There are still legal difficulties for the transsexual in the Baltic States to get new gender identities or to change their names.
In Estonia, there are laws that regulate the trans-gender theme, but certain medical requirements must be met before one can get a new name and new official gender status.
The main problem is lack of legislation regulating the change of gender identity and right to treatment. A woman-to-male transgender person brought his case before the court after being refused a new legal gender identity as a man.
“Change of a name is done administratively. Often transsexual gets only the changed gender-specific extension of the old first name. This leads in some cases to rare and stigmatizing name. After another bureaucratic procedure transsexual can get a first name he or she really wants but must additionally pay to get the permission,” said Evita Gosa.
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Lithuania is the worst“The situation for the transsexual is difficult. The organizations lack visible and active people,” says Evita Gosa from the Latvian organization Mozaika.
In a number of countries, including Europe, the right to organize gay parades is not matter-of-course. Neither the right to get a new legal gender identity.
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Valentyna Potapova is a human rights defender from Ukraine. She is the head of national advocacy direction at Centre of Civil Education “Almenda”, a member organisation of Human Rights House Crimea, which had to relocate from Crimea to Kyiv following Russia’s annexation of the Crimean peninsula in 2014. Since then, Potapova’s work is focused on protecting the right to education of children remaining under occupation.
“It is important that the broad alliance of human rights organizations engage in defending rights of gays and the transsexuals,” he said.
She believes that lesbians, gays, bisexuals and the transsexual generally have best conditions in Estonia and the worst in Lithuania.
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Transsexual also risk being subjected to discrimination and harassment, both because of ignorance and norms related to traditional gender role patterns.