Over the Rainbow? The Road to LGBTI Inclusion
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Ensuring that LGBTI people – i.e. lesbians, gay men, bisexuals, transgender and intersex individuals – can live as who they are without being discriminated against or attacked is a concern worldwide. Discrimination against LGBTI people remains pervasive, while its cost is massive. It lowers investment in human capital due to bullying at school. It also reduces economic output by excluding LGBTI talents from the labour market and impairing their mental health, hence their productivity. This report provides a comprehensive overview of the extent to which laws in OECD countries ensure equal treatment of LGBTI people, and of the complementary policies that could help foster LGBTI inclusion. The report first identifies the legislative and regulatory frameworks in the areas of civil rights, protection against discrimination and violence, as well as health that are critical for the inclusion of sexual and gender minorities. The report then explores whether these laws are in force in OECD countries and examines the margin for further improvement. Finally, the report investigates the broader policy measures that should accompany LGBTI-inclusive laws in order to strengthen the inclusion of LGBTI people.
Which laws are LGBTI-inclusive?
OECD Member countries have signed and ratified many treaties, conventions and charters which embody international human rights standards relevant for LGBTI people. They are also influenced by the many non-binding recommendations and reports on LGBTI equality published by key human rights stakeholders. This chapter first presents these stakeholders, i.e. the European Union, the United Nations, the Council of Europe and the Organisation of American States. The chapter then focuses on the LGBTI-inclusive laws that result from applying international human rights standards to LGBTI issues. It deals with general provisions that are relevant for the inclusion of lesbian, gay, bisexual, transgender and intersex people altogether, before turning to group-specific provisions that aim to address the unique challenges faced by subgroups of the LGBTI population.
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