TGEU The ProTrans project Details of the monitoring procedures, such as the length of monitoring cycles and possibilities for NGO input, are in the process of being set up at the time of this publication’s writing. 16 detention, and in particular to “adequately protect and Council of Europe’s human-rights watchdogs: tims should be treated without discrimination, including respect the gender identity of transgender persons”; The Commissioner for Human Rights and the based on gender identity and gender expression. The European Commission against Racism and Intolerance directive foresees training practitioners and any official and hate-motivated incidents related to sexual The CoE’s Commissioner for Human Rights has re- likely to come into contact with the victim. An individual orientation or gender identity”. peatedly spoken out against transphobic violence. 19 In assessment should take place for every victim to pre- • Collect data “in particular on ‘hate crimes’ Council of Europe’s Committee of Ministers reports, country visits, speeches and in direct conver- vent repeat victimisation and retaliation. The assess- LGBT Recommendations The Rec CM (2010)5 is the first intergovernmental sations with state authorities, the Commissioner has ment should take into account the gender identity and The Council of Europe’s (CoE) Committee of Ministers’ agreement of its kind. While it is “soft law” and thus not highlighted the increased risk of violence faced by trans gender expression of the victim; whether it was a hate Recommendation on measures to combat discrimina- directly enforceable, all CoE member states have ap- people. NGOs are invited to submit information on hu- or bias crime and whether it was gender-based violence. tion on grounds of sexual orientation and gender iden- proved it. Activists can thus hold governments account- man-rights violations regularly, and in particular as prepa- Gender-based violence is understood as “violence that tity (CM/Rec(2010)5) 17 contains detailed provisions able over their compliance. ration for regular country visits and reports. 20 While no is directed against a person because of that person’s gen- regarding how CoE member states should protect the interference in individual cases is possible, the Commis- der, gender identity or gender expression or that affects right to life, security and protection from violence for PACE Resolution regarding discrimination sioner can react in emergency situations by reaching out persons of a particular gender disproportionately”. If a LGBT people. To this end, member states shall: against trans people in Europe to authorities or by making a public statement. trans person falls victim to gender-based violence, bias or hate crime, the individual assessment should qualify In April 2015, the Parliamentary Assembly of the Council • Bring those responsible to justice and avoid impunity; of Europe (PACE) expressed its grave concerns regard- ECRI is the only continuous watchdog in the Council of them for specialist protection and support services, • Ensure effective, prompt and impartial investigations ing the discrimination and hate crimes faced by trans peo- Europe. It is a forum of independent human-rights ex- including free and confidential victim-support services in (potential) homo- or transphobic crimes and other ple in a dedicated resolution. PACE calls upon member perts who monitor racism, xenophobia and intolerance (independent of whether the crime is reported or not); incidents; states to collect data on “transphobic intolerance and in all member states. Recently, ECRI has been including shelters, trauma support and counselling; and legal aid and reimbursement of expenses. 18 hate crimes”, design and implement anti-discrimination homo- and transphobic violence in its country reports, officials or other officially acting persons are legislation and policies and monitor their impact. Specif- documenting cases, and its recommendations call upon alleged perpetrators; ic protection should be afforded to trans people in hate- state authorities to introduce specific legislation and During criminal investigations and proceedings, “meas- crime legislation, and law-enforcement bodies and the take pronounced measures against this violence. ures to avoid unnecessary questioning concerning the • Pay particular attention when law-enforcement • Take a bias motive into account as an aggravating circumstance when determining sanctions; judiciary should receive specific sensitivity training. • Encourage victims and witnesses to report homo- victim’s private life not related to the criminal offence” NGOs are invited to keep the ECRI secretariat in- must be in place. Also, “medical examinations are kept or transphobic crimes or incidents and “provide The Resolution, including its recommendations, has formed, particularly in preparation for ECRI country vis- to a minimum and are carried out only where strictly adequate assistance and support” to them; quickly been accepted as standard-setting. Activists its. 21 ECRI can also react to emergency situations, but it necessary for the purposes of the criminal proceed- • Take all necessary steps to ensure that “law and policymakers across the continent have since used cannot provide support in individual cases. ings”. The victim has the right to a hearing without the enforcement structures, including the judiciary, the Resolution to assess the situation in their own coun- have the necessary knowledge and skills”; tries and demand improvements. presence of the public; to have their privacy protected, EU Victim’s Rights Directive including the personal characteristics that were taken • Take protective measures against “physical assault, Under the EU Victims’ Rights Directive, 22 all victims of into account in the individual risk assessment (e.g. gen- rape and other forms of sexual abuse, whether com- crime have the right to receive a wide variety of sup- der identity); and to be protected from and avoid con- mitted by other inmates or staff” of LGBT people in port and information (Ch. 2), to participate in criminal tact with the offender. proceedings (Ch. 3) and to be protected (Ch. 4). All vic- + 28 + + 29 +