Abstract:
The purpose of this research is to, through examining historical occurrences and contemporary politicization of LGBT issue, identify good practices in combating the cultural and institutional violence against sexual minorities Considering its of paramount importance for discussing contemporary LGBT issues, the first chapter discusses the Stonewell movements in the 1970s, as well as prior organizations called the homophiles, which paved the way in combating issues regarding hate crime laws and sodomy laws that present a concerning elements from legislative part of many LGBT movements in the 21st century Subsequently, the second chapter continues the research on the state of sexual minorities in regards to the evolution of Europe legislature in treating instruments to tackle sexual orientation as a discriminatory offence. Furthermore, I will try to explain the complexities and the advancement of the court cases promulgated by the ECJ and ECtHR as a benchmark jurisprudence in combating discrimination based on gender or sex. My research will expose the European broad legal anti-discrimination strategy, its vagueness in relation to active and passive discrimination along with the hierarchical position of gender or sex compared to other grounds for discrimination. In the last chapter, my paper tries to make an assessment with other countries ideological struggle against LGBT rights in Russia, Poland and the Balkans when it comes these countries tendencies in particular when it comes to breaking norms in front of supranational institutions such as the Council of Europe and the ECtHR.In conclusion I will try to expose in the dichotomy of implementing European norms and legislature to aspiring countries that try to integrate into EU, but taking into account their differential cultural and social context. in the larger context of the lgbt struggle against politicization of LGBT issues Finally, I will try to answer the research question: what is the role of the LGBT activist groups and supranational organizations such as the ECJ or the ECtHR in creating precedence when in comes to combating the cultural and institutional violence over sexual minorities in regards to grounds of discrimination such as sex or gender in the EU.
