Ensuring that LGBTI people – i.e. lesbians, gay men, bisexuals, transgender and intersex
individuals – can live as who they are without being discriminated against or attacked
is a concern worldwide. Discrimination against LGBTI people remains pervasive, while
its cost is massive. It lowers investment in human capital due to bullying at school.
It also reduces economic output by excluding LGBTI talents from the labour market
and impairing their mental health, hence their productivity. This report provides
a comprehensive overview of the extent to which laws in OECD countries ensure equal
treatment of LGBTI people, and of the complementary policies that could help foster
LGBTI inclusion. The report first identifies the legislative and regulatory frameworks
in the areas of civil rights, protection against discrimination and violence, as well
as health that are critical for the inclusion of sexual and gender minorities. The
report then explores whether these laws are in force in OECD countries and examines
the margin for further improvement. Finally, the report investigates the broader policy
measures that should accompany LGBTI-inclusive laws in order to strengthen the inclusion
of LGBTI people.
Published on June 24, 2020Also available in: French
See the latest LGBTI facts & figures, and what can be done to make societies even more inclusive of LGBTI people [@OECD_Social]
Good news! All countries are becoming more #LGBTI inclusive. Even some countries that used to perform poorly have become much more inclusive of LGBTI people. But more progress is essential [@stecarpetta]
OECD countries are only halfway to full legal inclusion of #LGBTI people, but significant improvements have been made over the last decades [@OECD]
Being LGBT+ at work: Discrimination continues despite progress towards equality [France24.com]
The below dashboard presents the level of legal LGBTI-inclusivity related to each of the 15 components that serve to compute the average level of legal LGBTI inclusivity, all provisions included, analysed in the report Over the Rainbow? The Road to LGBTI Inclusion. Legal LGBTI inclusivity is computed as of 30 June 2019, based on a unique analysis of national laws and their amendments that the 35 countries covered in the report had the opportunity to review in the framework of a pre-filled questionnaire on LGBTI-inclusive laws and policies, and of a pre-publication version of the report.
For each component, legal LGBTI inclusivity refers to the share of LGBTI-inclusive laws that have been passed nationwide among a basic set of laws critical to meet the component's objective − this basic set is defined based on international human rights standards. Therefore, legal LGBTI-inclusivity related to each component can vary between 0% and 100%. For instance, in Australia, six of the nine antidiscrimination provisions critical to protect LGBTI people against discrimination have been passed nationwide as of 2019. Consequently, the level of legal LGBTI inclusivity related to the component “Protection of LGBTI people against discrimination” is equal to 67% (two thirds).
In federal countries, when the component refers to a policy area that is only regulated at the subnational level, legal LGBTI inclusivity is computed for each of the four most populous states and an arithmetic average of these four levels of legal LGBTI inclusivity is then calculated to obtain legal LGBTI-inclusivity at the country level. For instance, in Australia, a non-binary gender option in the civil registry is available only in one of the four most populous states, i.e. New South Wales. Therefore, the level of legal LGBTI inclusivity related to the component “Allowing a non-binary gender option in the civil registry” is equal to 25%.