Leiden University Scholarly Publications

This report is in part based on the author's comparative analysis of the LawsAndFamilies Database (www.LawsAndFamilies.eu) in his 2017 report More and more together: Legal family formats for same-sex and different-sex couples in European countries.The report notes clear and rapid trends, among a large majority of the 21 European countries surveyed, of offering same-sex couples the opportunity to formalise their relationship as marriage and/or as registered partnership, and of attaching more and more rights and responsibilities to the cohabitation, the registered partnership and/or the marriage of two people of the same sex. It concludes that the consensus among these countries is particularly strong as regards:

• legal protections for times of death (such as: tenancy continuation, wrongful death compensation, inheritance, inheritance tax exemption, survivor’s pension);
• legal protections for times of other great sadness (such as: next of kin provisions, protection against domestic violence, leave from work in case your partner or your partner’s parent is in need of care);
• the right to come and live in the same country as your partner;
• the possibility to take (at least some) responsibility for your partner’s children.

The high levels of consensus on these particular issues, may assist the European Court of Human Rights in narrowing the freedom that countries have had in deciding what rights and responsibilities to make available to same-sex couples.The report was written for the Council of Europe (at the initiative of its Sexual Orientation and Gender Identity Unit) for a conference (Copenhagen, 2 March 2018) on equal opportunities and rights in private and family life for lesbian, gay, bisexuals, transgender and intersex people. That conference was co-organised by the Danish Chairmanship of the Committee of Ministers of the Council of Europe, the Danish Parliament, and the Committee on Equality and Non-Discrimination of the Parliamentary Assembly of the Council of Europe. The latter Committee, in September 2018, referred to this report in its own report Private and family life: achieving equality regardless of sexual orientation, which on 10 October 2018 led to the adoption by the Parliamentary Assembly on of Resolution 2239(2018).

Greater inclusion of lesbian, gay, bisexual, and transgender (LGBT) people in emerging economies is positively associated with a country’s economic development, according to this study. The findings suggest that LGBT equality should be part of economic development programs and policies. The study analyzes the impact of the treatment of lesbian, gay, bisexual, and transgender people on economic development in 39 emerging economies and other selected countries, and presents findings that demonstrate a link between LGBT rights and economic output. The study uses, for the first time, the Global Index on Legal Recognition of Homosexual Orientation (GILRHO, created by Dutch law professor Kees Waaldijk) which establishes eight categories of legal recognition and protection for lesbians and gay men. The study also uses a provisional index on transgender rights.The study (online at www.usaid.gov and at williamsinstitute.law.ucla.edu) finds:

• A positive correlation between per capita GDP and legal rights for LGB and transgender people across countries. Using a regression model to account for other factors that influence development, the relationship remains strong. One additional right in the GILRHO is associated with approximately $320 in GDP per capita, or about 3 percent of the average GDP per capita in the sample countries. An increase in GILRHO is also associated with a higher human development index (HDI) value.
• A steady increase in the level of rights of lesbians and gay men in emerging economies. On average, the countries in the study recognized one right relating to sexual orientation in 1990. By 2011, that number increased to over three rights according to the GILRHO.

The researchers also found substantial evidence in many countries that discrimination and violence against LGBT people create economic harms for individuals that also affect a country’s economic performance.