3.4 CONCLUSIONS AND RECOMMENDATIONS
110. The Commissioner welcomes the improved policies to protect the freedom of assembly and
expression of LGBTI persons, notably in the context of organisation of gay pride events. He urges the
Latvian authorities to build on this progress and ensure the protection of LGBTI persons in all areas of
life. At the same time, he observes that currently there is an absence of specific polices to address the
human rights of LGBTI persons in a comprehensive and systematic manner, and there remain certain
gaps in the legal and institutional framework. He encourages the authorities to develop an action plan
to comprehensively address the protection needs of LGBTI persons, and invites the authorities to seek
relevant expertise through the available cooperation mechanisms with the Council of Europe.
111. Evidence-based research and data collection are important prerequisites for putting in place effective
public policies. Therefore, the Commissioner encourages systematic research and disaggregated data
collection concerning discrimination on grounds of sexual orientation and gender identity in all areas
of life. In the collection of any sensitive data, the authorities should apply safeguards protecting the
right to respect for private life. There is a particular need to raise awareness about the human rights of
LGBTI persons in order to increase support for diversity and equal treatment. In that respect, the
Commissioner wishes to emphasise the important role that political parties and public figures can play
to promote social acceptance of the human rights of LGBTI persons and condemn any practice of
stereotyping or denigrating on the basis of sexual orientation and gender identity.
112. The Commissioner recommends that the legal framework on hate speech and hate crime be revised to
explicitly include sexual orientation and gender identity among the protected grounds in the relevant
sections of Criminal Law in order to ensure effective investigation and accurate qualification of
offences targeting LGBTI persons. Transphobic and homophobic bias should be included among the
aggravated circumstances under Section 48 of the Criminal Law. The Commissioner would also like to
highlight ECRI General Policy Recommendation 15, in particular clause 10, whereby member states are
invited to take appropriate and effective action against the use, in a public context, of hate speech
which is “intended or can reasonably be expected to incite acts of violence, intimidation, hostility or
discrimination against those targeted by it” through the use of the criminal law provided that no other,
less restrictive, measure would be effective. He further urges the authorities to build adequate
capacity among police, prosecutors and judges to effectively investigate, prosecute and punish all
instances of bias-motivated crimes. Moreover, it would be desirable to pursue further efforts to
increase the trust of potential complainants in the commitment of law-enforcement bodies to combat
such crimes.
113. The Commissioner welcomes the fact that there have been several initiatives to introduce legislation
for equal recognition of same-sex couples under domestic law. In light of the case-law of the
Strasbourg Court upholding the right of same-sex couples to enjoy equal recognition of their
relationship under Article 8 of the European Convention on Human Rights, as well as the growing
trend in Europe towards recognition of same-sex partnerships, the Commissioner invites the
authorities to introduce legislation on registered partnerships.
114. The Commissioner takes note of the amendments to the Education Law regarding “morality in
education” and the widespread concerns by civil society organisations that the amendments were
triggered by homophobic bias. The Commissioner recalls his opinion expressed in other contexts that
children have the right to receive factual information about sexuality and gender diversity. He also
recalls the Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe
on measures to combat discrimination on grounds of sexual orientation or gender identity and about
the need for objective information with respect to sexual orientation and gender identity in school
curricula and educational materials. He calls on the authorities to apply the policy guidelines
concerning the above-mentioned amendments in line with the foregoing precepts. Finally, he
encourages the Latvian authorities to enhance their cooperation with civil society in the area of human
rights of LGBTI persons.
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