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1. License to Be Yourself: Responding to National Security and Identity Fraud Arguments

Publication Date:
04-2017
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
In much of the world, trans and intersex people struggle to obtain official identity documents that acknowledge their appropriate names and sex or gender markers. When people are forced to rely on documents that do not match their gender identity, they risk being subjected to harassment and discrimination. In addition, they may be suspected of identity fraud and trigger security alerts because of the discrepancy between their documents and their gender identity or appearance. The lack of appropriate documentation is particularly dangerous in situations where a trans or intersex person is crossing a border and being unable to prove their identity can result in being detained or deported. This brief counters concerns that progressive gender recognition laws and policies will undermine national security and increase the risk of identity fraud. It is the fourth of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Gender Issues, Law, Discrimination, LGBT+, Sexuality, Identity, and Transgender
Political Geography:
Global Focus

2. License to Be Yourself: Marriage and Forced Divorce

Publication Date:
04-2015
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The vast majority of trans people around the world cannot obtain legal recognition of—or official documents that match—their gender identity. Where laws do recognize trans people, they often exclude those who are married. This forces trans people to choose between legal recognition of their gender identity or their marriage. Forced divoce violates trans people’s right to privacy, marriage, and recognition under the law. This brief explains legal restrictions that affect the recognition of married trans and intersex people. It examines case law and addresses key arguments made by those who oppose such recognition. It is the first of four resources for activists that accompany Open Society’s 2014 report on legal gender recognition across the world, License to Be Yourself.
Topic:
Law, Discrimination, LGBT+, Family, Sexuality, Marriage, and Transgender
Political Geography:
Global Focus

3. 2014 and Beyond: Priorities for the European Union

Publication Date:
09-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The new leaders of the EU’s institutions face immediate and major challenges—from conflict in the EU’s surrounding region to rising xenophobia within its own borders—that have major implications for the future of Europe’s open societies. The European Parliament elections in May 2014 led to a turnover of half of the body’s members and the intake of many more xenophobic populist parties. The European Commission—the EU’s executive body—has a new president and College of Commissioners who will need to find new approaches to employment, inclusion, and development. The new European Council president will also have a tough job finding consensus among EU heads of state and government on issues ranging from relations with Russia to economic governance.
Topic:
Civil Society, Race, Minorities, Discrimination, Xenophobia, and Economic Cooperation
Political Geography:
Europe

4. Ethnic Origin and Disability Data Collection in Europe: Measuring Inequality—Combating Discrimination

Publication Date:
11-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The report Ethnic Origin and Disability Data Collection in Europe: Measuring Inequality—Combating Discrimination is published within the framework of the Equality Data Initiative, a project launched by the Open Society Foundations in collaboration with the Migration Policy Group and the European Network Against Racism to increase awareness within the European Union for the need to collect reliable data for groups at risk of discrimination. The report challenges the commonly held view in Europe that the collection of disability and ethnic data is categorically prohibited. It voices the necessity to involve the affected communities in the process of defining best practices and to respect binding core principles of data collection such as self-identification of the data subject and consent-based, voluntary, and anonymized data collection. The focus of the research is on Bulgaria, Germany, Hungary, Ireland, Romania, and Sweden in the field of public education and on France in the field of public employment. Most of these EU member states collect data about their citizens in one or other way. However—as the report suggests—their methods lead to results that are either inaccurate or unreliable. The report makes recommendations for action at both the national and EU levels in order to achieve effective change in the field of equality data and to use data to promote equal treatment. Advocacy and strategic litigation are needed to steer national debates away from taboos, and question unlawful, harmful, or simply unsuitable data collection practices, and to call for the inclusion of disability and ethnic minority communities in the process. The European Commission and other EU institutions can provide guidance in this process by issuing recommendations and guidelines on equality data collection.
Topic:
Migration, Science and Technology, European Union, Citizenship, Discrimination, Disability, Data, Digital Policy, and Migrant Workers
Political Geography:
Europe

5. The Race Equality Directive: A Shadow Report

Author:
Eefje de Kroon
Publication Date:
07-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Race Equality Directive: A Shadow Report collects lessons learned from the implementation of the Race Equality Directive in nine European Union member states. The Race Equality Directive is a piece of legislation adopted in 2000 by the Council of Ministers of the European Union implementing the principle of equality for all irrespective of racial or ethnic origin. The directive comes under review at the end of 2013, 10 years after its entry into force. The report includes data on Bulgaria, the Czech Republic, France, Germany, Greece, Hungary, Italy, the Netherlands, and Spain. Annex I contains summaries of developments in each of these member states. The report identifies trends in the challenges facing the countries examined, examples of successful or problematic implementation, and includes recommendations for improving effective implementation. Challenges to the implementation of the Race Equality Directive include: lack of disaggregated data needed to implement parts of this legislation and evaluate its effectiveness; unclear identification of proxy categories that can be used to detect discrimination on the ground of racial and ethnic origin; problems that impede effective access to and use of judicial (individual or collective) redress against discrimination; hindrances to alternative forms of individual (or collective) redress, through the equality bodies. Analysis is based on two sources of data: country reports by specialized international monitoring bodies (excerpts of these are contained in Annex II) and data generated through a short questionnaire (in Annex III) completed by independent experts and subject matter experts within the Open Society Foundations.
Topic:
Race, Law, Ethnicity, Discrimination, and Equality
Political Geography:
Greece, France, Germany, Bulgaria, Hungary, Spain, Italy, Netherlands, and Czech Republic

6. Transforming Health: International Rights-Based Advocacy for Trans Health

Publication Date:
02-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Trans people across the world face substantial barriers to adequate health and health care. They are targets of discrimination and violence, are at greater risk of contracting HIV, and experience a higher incidence of mental health problems like depression. They face discrimination from health care providers, a lack of doctors trained to address their needs, and the refusal of many national health systems and insurance providers to cover their care. Yet trans communities are building alliances to promote trans health and to fight for policies that respect gender diversity and human rights. This report profiles projects from 16 organizations in twelve countries that address these barriers. These projects offered general health services as well as those related to gender transition, trained health care providers to respond to the needs and concerns of trans patients, conducted public education campaigns about discrimination against trans people, advocated for legal and medical policy changes, and organized trans communities to empower themselves. Collecting insights from these projects, Transforming Health makes recommendations to governments, rights advocates, health professionals and public health organizations, and health and rights donors.
Topic:
HIV/AIDS, Gender Issues, Health, Discrimination, LGBT+, Public Health, Sexual Health, and Transgender
Political Geography:
Global Focus

7. The European Union and the Right to Community Living

Author:
Luke Clements
Publication Date:
05-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The European Union and its Member States have an obligation to ensure that European taxpayer money in the form of Structural Funds is invested in a manner that respects human rights and fundamental freedoms. These are among the basic values upon which the EU was founded. However, some Member States are acting contrary to EU law by using European money to invest in institutions for people with disabilities rather than developing alternative community-based services that promote community living. Such actions contravene the Convention on the Rights of Persons with Disabilities and violates the fundamental human rights of people with disabilities. This report by the Open Society Foundations features legal analysis from Queen’s Counsel Richard Gordon and examines how the use of Structural Funds to renovate or build institutions is contrary to EU law. The European Commission and its Member States should take actions to ensure that Structural Funds are not used to perpetuate the social exclusion of any European citizen. Topics discussed in the report include: The role of Structural Funds in moving from institutionalization to community living; Key principles of the right to community living and the Convention on the Rights of Persons with Disabilities; The legal framework for Structural Funds investments; EU obligations to combat discrimination and social exclusion; Conclusions and recommendations.
Topic:
Discrimination, Social Cohesion, and Community
Political Geography:
Europe

8. HIV/AIDS, Human Rights, and Legal Services in Uganda

Publication Date:
05-2008
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Widespread human rights abuses and lack of legal services is fueling Uganda's HIV epidemic, according to a report from the Open Society Initiative for East Africa (OSIEA) and OSI's Law and Health Initiative (LAHI). HIV/AIDS, Human Rights, and Legal Services in Uganda documents common abuses faced by people living with AIDS or at high risk of HIV, including: barriers to employment or education; discrimination in gaining access to medical care; violations of the right to medical privacy; forced HIV testing; and eviction from housing. According to the report, while the government of Uganda has addressed the medical effects of the HIV epidemic, it has paid little attention to the epidemic’s legal and human rights implications. This is especially true for marginalized populations who are most vulnerable to HIV-related human rights abuses: women (especially young women, widows, and women living in fishing communities); sex workers; orphans and vulnerable children; lesbian, gay, bisexual, and transgender (LGBT) individuals; and internally displaced persons. The report recommends stronger enforcement of policies and legislation that offer clear protection against HIV-related stigma and discrimination. It calls for greater support to community-based groups that have sought to integrate legal support into HIV prevention and care programs. It also recommends strengthening legal mechanisms to help people living with HIV access justice. Local Council Courts appear to be the most utilized dispute resolution mechanism by communities, but these courts are not being used to address HIV-related infringement of rights.
Topic:
HIV/AIDS, Health, Human Rights, Health Care Policy, Discrimination, Legal Sector, and Epidemic
Political Geography:
Uganda and East Africa