The Euro Gay Scoreboard (updated june 2004)

In order to have an objective comparison between the 25 member states  together, we have developed a scoreboard that includes 8 criteria that, may be fulfilled or not. The negative criteria include only factual demonstrable legal discriminations based on sexual orientation; the positive ones refer to legislation that intends to combat discrimination in society. We do not pretend that this scoreboard is the non plus ultra instrument for analysing discrimination and oppression of homosexuality. We do think it gives a good indication of the situation in both the member states and the applicant countries. And it also indicates that  some member states score worse than applicant countries.

  1. Penal Code: Depenalisation indicates whether same sex sexual contacts between consenting adults are depenalized. Except for Armenia all member states of the Council of Europe have done so.
  2. Age of Consent: This indicates whether a country has a different age of consent for heterosexual and homosexual contacts. The European Commission on Human Rights has ruled that upholding such differences are contrary to the ECHM (European Convention of Human Rights). Several member states still have this type of discrimination, as do applicant countries. As varying ages of consent do exist in the countries covered by the scoreboard we abstain from an assessment of the heights of the age of consent.
  3. Other discriminatory laws: refers to any other provisions on penal codes that treat same sex contacts in a different way than heterosexual contacts. E.g. public scandal. This refers also to the specific discriminations based on nationality in combination with e.g. same sex relationships. We did not take into consideration immigration laws.
  4. Anti Discrimination Laws: Indicates the existence in a country of special positive legislation that intend to combat discrimination based on sexual orientation in general or in specific areas as employment, labour market, housing etc. It also might refer to anti discrimination clauses in constitutions, anti hate clauses in penal codes. The implementation of the EU framework directive against discrimination is calculated here. Without prejudice to whether or not the implementation is up to standards. (see also
  5. Freedom of Association: Indicates whether gay men and lesbian women may set up organisations freely, in our survey we did not find any country that does not allow this anymore. It used to be a great discrimination in many countries.
  6. Registered Partnership/Marriage: Refers to systems for registration of lasting same sex relationships that allow for same treatment like married people in areas like taxes, housing, family allowances. Opening of civil marriage to same sex partners is also in this criterion.  
  7. Adoption by same sex couples: refers to possibilities for same sex couples to adopt children. Adoption laws that allow for adoption by individuals are not taken into account.
  8. Asylum Laws:  Refers to the recognition of persecution based on sexual orientation as a criterion in the framework of the Geneva convention for granting an asylum status. Recognition could be explicitly in regulations or de facto in cases.

As the mentioned negative criteria one may take nrs. 1, 2,3 and 5 the positive ones are  4, 6 7 and 8.

Other discriminatory practices:

This scoreboard does not include any validation of discriminatory practices that are often the daily experience of gay men and lesbian women, hate speech, bullying on schools, media witch hunts,  violence from citizens or state agents and so on.

In many of the European countries that are under consideration in this scoreboard one or more of this discriminatory phenomena. Those only will disappear after long term work on informing the public opinion, training politicians, teachers, social workers, medical staff and other agents  in society.

These other discriminatory practices however cannot be eradicated if legal barriers continue to exist.  In this respect the Action Programme to Combat Discrimination of the European Commission is a good start to tackle the other discriminatory practices.

  For download of Scoreboard in Powerpoint presentation: