The European Commission against Racism and Intolerance (ECRI) has published its conclusions on whether and how Bulgaria, France and Greece are implementing its recommendations provided in 2022. The recommendations concerned rights of LGBTI persons, including intersex children, situation of Roma and Travellers, as well as recording identity checks by law enforcement officers and strengthening equality institutions.
Bulgaria
One of ECRI's priority recommendations to the Bulgarian authorities was to set up an LGBTI working group to research discrimination against LGBTI persons in order to develop a national strategy to combat intolerance against them. While praising the amendments of 28 July 2023 to the country's Penal Code, in which sexual orientation was added as a ground for aggravating circumstances in violent crimes, ECRI says that it received no indication from the authorities or the civil society that a dedicated working group has been set up and concludes that this recommendation was not implemented. ECRI also notes with concern that the August 2024 amendment of the Education Act bans any pre-school and school activities related to "any propaganda, promotion, <…> of non-traditional sexual orientation and/or designating a gender identity other than the biological one." This development indicates that the 2022 priority recommendation is even more relevant, ECRI concludes.
France
In 2022, ECRI recommended that the French authorities recognise caravans as a type of housing and reconsider the exemptions that prohibit their parking outside designated areas and limit the duration of parking. In this context, ECRI considered that a survey of actual parking needs in collaboration with Traveller associations should be conducted. While the French authorities have explored the option of recognising caravans as a housing type, they indicated that this would require significant legislative and regulatory changes. ECRI emphasised that work on these changes should begin promptly, alongside any short-term adjustments. Furthermore, as ECRI has received no updates regarding the review of parking exemptions for Travellers or any survey on parking needs, it concludes that its recommendation has not been implemented.
Greece
ECRI welcomes the adoption of a law that prohibits non-therapeutic surgery on intersex children under the age of 15. According to the new legislation, such surgery should only be allowed for children aged 15 or above and only with the free and informed consent of the child in question, and with permission from a local Magistrate's Court, following an opinion from an interdisciplinary committee foreseen by the law. However, such an interdisciplinary committee is yet to be established, ECRI notes in its conclusions, and according to civil society, such surgery still occurs. In 2023, the Ministry of Health started preparing guidelines on the implementation of the law that were meant to be disseminated to public hospitals. However, that work seems to have come to a halt as well. ECRI concludes that its recommendation concerning intersex children has been partially implemented and it recognises the significant efforts made and the positive steps taken.
The conclusions are based on government responses and information gathered from other sources. They only concern ECRI's priority recommendations and do not aim to provide a comprehensive analysis of all developments in the fight against racism and intolerance in the countries concerned.
Council of Europe's anti-racism commission assessed the implementation of its priority recommendations by Bulgaria, France and Greece
