Sexual Diversity Action Plan: More protection for queer people

The traffic light government wants to strengthen the rights of LGBTIQ+ with an action plan. It also provides for an adjustment to the Basic Law.

Sven Lehmann holds the brochure

“This day is historic”: Sven Lehmann, the federal government’s queer commissioner on Friday Photo: Bernd von Jutrczenka/dpa

taz | BERLIN On Friday afternoon, the “Queer Living” action plan for the acceptance and protection of sexual and gender diversity was approved in the cabinet. The nationwide first action plan of this kind is intended to counteract queer hostility and strengthen the rights of LGBTIQ+.

“This day is historic,” said Sven Lehmann, the queer commissioner of the federal government, who coordinated the action plan with the individual departments. Democracy is measured by how society deals with minorities: “Active politics is necessary so that this also applies to queer people in society.” The federal government is thus sending “a strong, international signal”.

The measures of the action plan are divided into six sub-areas, including legal recognition, security, health and the strengthening of community structures.

Specifically, for example, the equal treatment article of the Basic Law (Article 3 Paragraph 3) is to be expanded to include an “explicit ban on discrimination on the basis of sexual identity”. However, this would require a two-thirds majority in the Bundesrat and Bundestag. “There is already a broad majority in the Bundestag,” said queer commissioner Lehmann at a press conference on Friday afternoon. “Whether it’s enough for a two-thirds majority is another question. Discussions are still ongoing.”

The action plan also envisages a reform of descent and family law – so that a child born to the marriage of two women automatically has two legal mothers and not how so far had to be adopted.

That partly unconstitutional transsexual law (TSG) is to be replaced by the Self-Determination Act, which is intended to make it possible to change the gender entry in civil status by self-disclosure. A compensation fund will be set up for trans and inter people who in the past have suffered bodily harm as a result of legislation and had to undergo forced divorce.

To the situation of queer persecutees to improve, asylum procedures should be reassessed to determine whether there is a risk of persecution in the event of a possible return. Legal advice for queer refugees is also to be introduced.

Little data

In general, the incomplete data situation on LGBTIQ+ is criticized in the action plan. The proposed measures therefore include seven research projects aimed at improving data collection on the living conditions and health care of LGBTIQ+. The culture of remembrance should also be strengthened, such as the persecution of homosexual and bisexual men and women, especially during the Nazi era. One measure for this is to secure the Federal Foundation Magnus Hirschfeld (BMH) through the budget.

Various measures also aim to prevent anti-queer violence: For example, better recording of anti-queer attacks, the examination of a law against digital violence or training for those involved in an asylum procedure. Article 16 of the United Nations Convention on the Rights of Persons with Disabilities should also be implemented in order to prevent violence against LGBTIQ+.

In the area of ​​health, the action plan provides for, among other things, the “promotion of reproductive medicine in same-sex couples” or the Allowing queer men and trans people to donate blood“if necessary also by law”.

According to the cabinet decision, the “Queer Living” action plan is to be prioritized and redesigned – Queer Commissioner Sven Lehmann is coordinating this in coordination with queer associations, departments and the federal states. This process is scheduled to start early next year. “We want to implement as much as possible within a time window of three years,” says Lehmann. “What is very, very important to me is that the whole process is binding,” says Lehmann. “As a queer officer, I will ensure that results are achieved.”

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