Euroopa Nõukogu soovituse CM/Rec(2010)5 aruanne

Questionnaire on the implementation of
Committee of Ministers' Recommendation CM/Rec(2010)5

Background and instructions

1. Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity was adopted on 31 March 2010.1 Its explanatory memorandum, was prepared by the CDDH.
2. The Recommendation enhances the full enjoyment of all human rights by lesbian, gay, bisexual and transgender persons. The main message of the Recommendation is that discrimination and social exclusion on account of sexual orientation or gender identity may best be overcome by measures targeted both at those who experience such discrimination or exclusion, and the population at large. The text of the Recommendation is the first instrument drawn up by the Committee of Ministers dealing specifically with the question of discrimination based on sexual orientation and gender identity.
3. Three years after its adoption, the CDDH, at its 77th meeting (19-22March2013) adopted its report on the implementation of the Recommendation (CDDH(2013)R77AddVI) and transmitted it to the Committee of Ministers. At the 1189th Deputies' meeting (22 January 2014, item 4.1), it was agreed that the issue of the implementation of the provisions of the recommendation would be reconsidered in four years’ time. On that basis, the CDDH adopted the second report on the implementation of the Recommendation (CDDH(2019)R92Addendum4) and transmitted it to the Committee of Ministers.
4. In the terms of reference of the CDADI for the years 2022-2025 (CM(2021)131-addfinal), the Committee of Ministers tasked the CDADI to review each year thematic dimensions of Recommendation CM/Rec(2010)5 and to carry out a comprehensive review of the implementation of this recommendation based on a new review methodology by the end of 2025.
5. Accordingly, the CDADI working group on sexual orientation, gender identity, gender expression and sex characteristics (GT-ADI-SOGI) elaborated a new methodology for the present implementation review which was adopted by the CDADI at its 6th meeting (29 November-1 December 2022, CDADI(2022)22).
6. On the basis of the replies to the questionnaire, the ADI-SOGIESC and the Secretariat will prepare a report which will be submitted for adoption to the CDADI at its 11th meeting (first semester of 2025).
7. To facilitate member States’ replies, the new questionnaire has been drawn up on the basis of the 2018 and 2012 versions, following strictly the structure of the Recommendation itself and prefilled to ensure that baseline information is collated in respect of all member States. Member States are invited to validate, update, modify or complete the prefilled information. Information already communicated in reply to the 2012 and 2018 questionnaire may be found in the CDDH report CDDH(2019)R92Addendum4 adopted in November 2019, available here and in the CDDH report CDDH(2013)R77 adopted in March 2013, available here.
8. It is understood that the Recommendation CM/Rec(2010)5 covers discrimination on the grounds of sexual orientation or gender identity. In the previous review, several member States also reported on measures related to intersex individuals. The ADI-SOGIESC, as mandated by the Committee of Ministers, is currently working on a new draft Recommendation on the equality of rights for intersex persons. In light of these ongoing developments, this questionnaire extends an invitation to member States interested in doing so to share any additional measures or updates concerning this matter, where available. Such contributions can facilitate the drafting of the Recommendation on the equality of rights for intersex persons.
9. Answers to some of the questions on the measures taken by Member States are divided into categories: Yes/No/Partially (Y/N/P). Members states answering “Yes” or “Partially” are kindly invited to briefly describe the measures taken.

Section II – Implementation of the specific provisions in the Appendix
II. Freedom of association

9. “Member states should take appropriate measures to ensure, in accordance with Article 11 of the Convention, that the right to freedom of association can be effectively enjoyed without discrimination on grounds of sexual orientation or gender identity; in particular, discriminatory administrative procedures, including excessive formalities for the registration and practical functioning of associations, should be prevented and removed; measures should also be taken to prevent the abuse of legal and administrative provisions, such as those related to restrictions based on public health, public morality and public order.”

Question 15
Are LGBTI human rights organisations:
Y
N
P
- able to obtain official registration?
☒
☐
☐
- rightfully spared from undergoing additional administrative procedures and/or not subject to restrictions based on public health, morality and public order?
☒
☐
☐
If any, please provide examples of limitations or exceptions to the guarantees set out in Paragraphs 9 and 10 of the appendix to the Recommendation and indicate whether any measure (legislation, directives and/or guidance) exists and if it is planned to review or lift such limitations or exceptions:
Please indicate reference to applicable laws and policies.

10. “Access to public funding available for non-governmental organisations should be secured without discrimination on grounds of sexual orientation or gender identity.”

Question 16
Y
N
P
a) Is public funding available for non-governmental organisations the purpose of which is, or includes, the protection of the rights of LGBTI persons?
☒
☐
☐
b) Are these non-governmental organisations FREE to receive funding from foreign sources, without any legal or administrative restrictions?
☒
☐
☐
Please specify the nature of any restrictions and provide examples of good practices in this area:
The Estonian LGBT Association has previously been funded by the National Foundation of Civil Society, and the Council of Gambling Tax among others.

11. “Member states should take appropriate measures to effectively protect defenders of human rights of lesbian, gay, bisexual and transgender persons against hostility and aggression to which they may be exposed, including when allegedly committed by state agents, in order to enable them to freely carry out their activities in accordance with the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities.”

Question 17
Y
N
P
a) Are there specific provisions in laws or policies in place that recognise and protect LGBTI human rights defenders from hostility and aggression?




☐
☒
☐
b) If yes, do such provisions include acts allegedly committed by state agents?
☐
☒
☐
c) Are emergency helplines or other protection mechanisms made available to LGBTI human rights defenders facing immediate threats?
☐
☒
☐
d) Does a state-sponsored mechanism exist for regular consultations with LGBTI human rights defenders to evaluate their security needs?
☐
☒
☐
e) Are public awareness campaigns conducted to diminish hostility and aggression directed towards LGBTI human rights defenders?
☐
☒
☐
f) Are financial grants or other forms of support provided to LGBTI human rights defenders, aimed at security enhancements such as secure communication tools or improved office security measures?
☐
☒
☐
Please describe the measures and provide examples of good practices in this area:
No specific measures have been adopted to effectively protect defenders of human rights of lesbian, gay, bisexual and transgender persons against hostility and aggression. The usual means can be employed – complaints can be made to the Police if hostility or aggression potentially amount to a crime, complaints can also be made to the Chancellor of Justice or to a court.

Question 18
Are LGBTI human rights organisations able to:
Y
N
P
- work with public authorities?
☒
☐
☐
- work with national human rights institutions?
☒
☐
☐
- work with the media?
☒
☐
☐
- work with other human rights organisations?
☒
☐
☐
- undertake research and science communication?
☒
☐
☐
- take part in training sessions or conferences?
☒
☐
☐
- access LGBTI persons deprived of their liberty?
☒
☐
☐
Please describe the measures and provide examples of good practices in this area:


12. “Member states should ensure that non-governmental organisations defending the human rights of lesbian, gay, bisexual and transgender persons are appropriately consulted on the adoption and implementation of measures that may have an impact on the human rights of these persons.”

Question 19
Y
N
P
a) Have measures been taken to ensure that non-governmental organisations defending the human rights of LGBTI persons are appropriately consulted on the adoption and implementation of measures that may have an impact on the human rights of these persons?
☐
☒
☐
b) Are there formal mechanisms or platforms established through which NGOs defending LGBTI human rights are regularly consulted or participate in during policy drafting?
☐
☒
☐
c) Is there a requirement for impact assessments to be conducted with respect to the rights of LGBTI persons, which includes consultation with relevant NGOs?
☐
☒
☐
Please describe the measures and provide examples of good practices in this area:
There are no specific measures to protect, facilitate or encourage LGBT organisations. In case of violations in regard to such organisations, they can turn to respective institutions, such as courts or the Chancellor of justice.
It would be interesting to have examples, if any, of how ‘The Rules for Good Legislative Practice and Legislative Drafting’ were relied upon for consultation with LGBTI persons or groups.

III. Freedom of expression and peaceful assembly

13. “Member states should take appropriate measures to ensure, in accordance with Article 10 of the Convention, that the right to freedom of expression can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, including with respect to the freedom to receive and impart information on subjects dealing with sexual orientation or gender identity.”

Question 20
Are there measures being taken to ensure the freedom to receive and impart information on subjects dealing with sexual orientation or gender identity, without any legal or policy restrictions in place, including:
Y
N
P
- organising activities that support the human rights of LGBTI persons?
☐
☒
☐
- publishing, distributing, or selling materials that advocate for or raise awareness about the human rights of LGBTI persons?
☐
☒
☐
- gaining visibility via media outlets and online resources covering LGBTI rights, events, or news?
☐
☒
☐
- disseminating or accessing information on safer sexual practices?
☐
☒
☐
- raising awareness through educational institutions on LGBTI rights and issues?
☒
☐
☐
Please describe the measures and provide examples of good practices in this area:
Freedom of Speech is expressed in the Constitution § 45, which states that everyone has the right to freely disseminate ideas, opinions, beliefs and other information by word, print, picture or other means.
In its 2022 report, ECRI noted the high rate of students experience harassment due to their sexual orientation or gender identity. It also flagged the lack of response by educational institutions and the relative absence of LGBT topics in the educational system.

14. “Member states should take appropriate measures at national, regional and local levels to ensure that the right to freedom of peaceful assembly, as enshrined in Article 11 of the Convention, can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity.”

Question 21
Are there measures in place (specific guidelines, legal provisions or other) to ensure that freedom of peaceful assembly can be enjoyed without discrimination on grounds of sexual orientation or gender identity:
Y
N
P
- at national level?
☒
☐
☐
- at regional level?
☒
☐
☐
- at local level?
☒
☐
☐
If specific limitations or exceptions regarding such freedoms are in place, please provide examples and indicate whether any measure to review or lift such measures is in preparation:
Pursuant to the Constitution of the Republic of Estonia § 47 everyone has the right to assemble peacefully and to conduct meetings without prior permission. This right may be circumscribed in the cases and pursuant to a procedure provided by law to safeguard national security, maintain public order, uphold public morality, ensure the safety of traffic and the safety of participants of the meeting, or to prevent the spread of an infectious disease.

15. “Member states should ensure that law enforcement authorities take appropriate measures to protect participants in peaceful demonstrations in favour of the human rights of lesbian, gay, bisexual and transgender persons from any attempts to unlawfully disrupt or inhibit the effective enjoyment of their right to freedom of expression and peaceful assembly.”

Question 22
Y
N
P
a) Do law enforcement authorities take appropriate measures to protect participants in peaceful demonstrations in favour of the human rights of LGBTI persons?
☒
☐
☐
b) Are training modules available and rolled out to sensitise and educate law enforcement to protect specific groups, including LGBTI persons, during public demonstrations and events?
☐
☒
☐
c) Are there specific protocols to protect LGBTI peaceful demonstrators from counter-protesters or any forms of hostility?
☐
☒
☐
Please describe the measures and provide examples of good practices in this area:
See the 2018 reply of the authorities below: any updated examples would be welcome.
Police assesses every public meeting and the potential threats to the order (including safety of the attendants and organizers) of that meeting.
The right to freedom of peaceful assembly in Estonia is in general regulated by the Constitution of Estonia. Section 47 of the Constitution states: „Everyone has the right, without prior permission, to assemble peacefully and to conduct meetings. This right may be restricted in the cases and pursuant to procedure provided by law to ensure national security, public order, morals, traffic safety, and the safety of participants in a meeting, or to prevent the spread of an infectious disease.”
According to the Law Enforcement Act § 62, it is prohibited to organise or hold a meeting which:
1) is directed against the independence and sovereignty of the Republic of Estonia or at changing the constitutional order of the Republic of Estonia by force;
2) incites a breach of the territorial integrity of the Republic of Estonia by force;
3) incites hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political views, or property or social status; or
4) aims to commit criminal offences or to incite them.
Right to freely gather for peaceful meetings is assured in Estonia. With the right to organize meetings, obligation to plan the meeting in a way it does not jeopardise law and order, traffic safety and safety of the attending people, accompanies. Law enforcement authorities have never refused to provide consultations to any management how to fulfil those obligations.
As an example of peaceful demonstration in favour of the LGBT human rights, in 2017 the Baltic Pride parade was organised in Tallinn.

16. “Member states should take appropriate measures to prevent restrictions on the effective enjoyment of the rights to freedom of expression and peaceful assembly resulting from the abuse of legal or administrative provisions, for example on grounds of public health, public morality and public order.”

Question 23
Y
N
P

a) Are there any review mechanisms or other measures taken to ensure that legal or administrative provisions are not misused to infringe upon the rights of LGBTI persons or their supporting organisations?
☐
☒
☐

b) Please confirm, that in the past 5 years, there have been NO instances where provisions related to public health, public morality or public order have been invoked against events related to LGBTI persons?
☒
☐
☐

c) Please confirm, that in the past 5 years, there have been NO cases where LGBTI event organisers have been asked to move their event indoors, relocate to a more remote location, or cancel the event altogether due to alleged security risks and the purported inability to guarantee safety?
☒
☐
☐

Please describe briefly and provide examples of good practices in this area:
The Law Enforcement Act guarantees free peaceful assembly.

17. “Public authorities at all levels should be encouraged to publicly condemn, notably in the media, any unlawful interferences with the right of individuals and groups of individuals to exercise their freedom of expression and peaceful assembly, notably when related to the human rights of lesbian, gay, bisexual and transgender persons.”

Question 24
Y
N
P
Have public authorities publicly condemned any unlawful interferences with the exercise of freedom of expression and peaceful assembly by LGBTI persons or human rights organisations supporting the rights of LGBTI persons?
☐
☒
☐
If yes, please provide examples:
In its 2022 report, ECRI commended Estonia for a number of relevant positive initiatives. It noted the nationwide campaign, ‘Everyone is different but equally human’ in 2020.

IV. Right to respect for private and family life
Question 27
Y
N
P
a) Are legal gender recognition procedures available that are quick, transparent, accessible and based on self-determination?
☐
☒
☐
If yes or partially, please provide information on:
- average legal gender recognition (LGR) procedure duration
- measures taken for transparency and accessibility, including fees and possibility to appeal
- how self-determination is guaranteed
LGR procedures in Estonia are not based on self-determination. They are conditional on diagnosis and treatment, without which gender markers can’t be changed (see below). In its Report on Estonia in the Framework of the 6th monitoring round, ECRI noted that the medical procedure for reassignment and the legal procedure for the change of legal markers should be made separate and clarified in line with relevant CoE standards.

b) Is LGR of transgender persons:
Y
N
P
- NON-conditional on undergoing an operation or treatment entailing irreversible sterilisation against their wishes?
☒
☐
☐
- NON-conditional on undergoing hormonal treatment or any other form of medical treatment or surgical procedure?
☐
☐
☒
- NON-conditional on a psychological diagnosis or expert statement?
☐
☒
☐
- NON-conditional on the capacity to demonstrate a period of “life experience” in the self-determined gender?
☐
☒
☐
- accessible irrespective of:
- medical status?
☐
☒
☐
- disability status?
☐
☐
☐
- financial situation?
☐
☐
☒
- police record?
☒
☐
☐
- citizenship status?
☒
☐
☐
- residency status?
☐
☒
☐
- refugee or other protected status?
☐
☐
☐
- marital status?
☒
☐
☐
• detention status?
☐
☐
☐
- physical appearance?
☐
☐
☐

Y
N
P
c) Are there procedures in place to ensure the access to LGR to non-nationals who cannot obtain it from their country of origin?
☐
☐
☒
Please describe the measures and specify what are the legal conditions imposed to LGR access by minors. Provide examples of good practices in this area:
The system in place for LGR is contained in the 07/05/1999 General Requirements on Medical Procedures for the Change of Gender: this regulation sets out both the healthcare procedure regarding access to treatment and the conditions under which the gender marker can legally be changed.
The procedure is as follows: once an application is sent to the Ministry of Social Affairs (it can be sent by a child’s parents or legal guardians on their behalf), a medical assessment committee discusses the possibilities, taking into account “occurrence of transsexual identity in the anamnesis at least two years before making of the decision”, a psychiatrist’s expert statement that the request is not caused by a mental disorder and a genetic study regarding the concurrency of chromosomal and gonadal sex. On this basis, the medical committee renders an opinion which forms the basis for a directive by the Minister of Social Affairs “diagnosing transsexuality” and allowing for the medical procedures to take place. Although sterilisation or surgical intervention cannot be mandated and do not count regarding the eventual recognition, hormonal treatment is. At least two years after treatment has started, the medical assessment committee gives its decision whether the person’s gender can be legally changed, which entails an automatic modification of the social security number. On this basis, the applicant can ask for new documents to be issued. NGOs have raised concerns over the members of the Medical Committee (chaired by the same person since its creation),its procedures, and the lack of agency given on medical treatments (as presented by an in-depth article on the Feministeerium website in July 2021).
This process is accessible to minors and follows the same procedure, except that consent needs to be given by the parent(s) or legal guardian(s)
Since the decision relies on a diagnosis that relies on physiological and genetic data and mental health considerations, there are requirements regarding medical status. It is uncertain to what extent persons with certain disabilities have an effective access to the procedure, or if the differential diagnosis request (stating that the request for gender recognition is not based on a mental health issue) can be used as a barrier. The two-year waiting period creates a de facto life experience requirement. The Estonian Health insurance Board does not reimburse the costs of treatment, which can be a barrier for persons with limited income, although there are no legal preconditions regarding financial situation.
No divorce is required or automatically enforced. However, the marriage can be annulled on the request of one of the partners or of the Minister for social Affairs (para. 12.1 of the Family Act). This has been enacted in 2014.
As the changes are made on the Estonian Population register; anyone who is on the Estonian Population register can therefore access LGR under those conditions. This includes nationals, EU citizens and third-country nationals with a legal residence in Estonia, as well as any child born in Estonia for at least a year and until possible requests for naturalisation have been extinguished, and stateless persons. Non-nationals therefore have access to LGR, provided they are documented; the changes can in some cases not be valid in their origin country. This grants them some recognition in Estonia at least.

21. “Member states should take appropriate measures to guarantee the full legal recognition of a person’s gender reassignment in all areas of life, in particular by making possible the change of name and gender in official documents in a quick, transparent and accessible way; member states should also ensure, where appropriate, the corresponding recognition and changes by non-state actors with respect to key documents, such as educational or work certificates.”

Question 28
Y
N
P
a) Have appropriate measures been adopted and/or implemented to guarantee full legal gender recognition of a person in all areas of life, including adapting official documents?
☒
☐
☐
b) Do these measures also apply to the issuance of documents such as educational or work certificates issued by non-state actors?
☒
☐
☐
c) Is a non-binary gender option available on birth certificates, identity documents and other official documents?
☐
☒
☐
d) Are there measures in place for public institutions to allow the use of the preferred pronoun, form of address and/or name of persons who have not yet obtained full LGR (in particular minors)?
☐
☒
☐
Please describe the measures taken, challenges encountered and provide examples of good practices in this area:
Once the two-year period is over and the requisite document from the Medical Committee has been obtained, the data in the Population Register needs to be changed by applying with the document from the committee to the county town local government. The new gender and Personal identification number are entered in the Population Register, and a new name needs to be chosen in accordance with the 15/12/2004 Names Act. A certificate of gender is issued upon completion. This certificate, issued free of charge, allows the applicant to start the process to issue a new ID-card or passport or foreigner’s passport.
Since 2015, the law makes it an obligation to recognize the gender and name change for the re-issuance of diplomas.

22. “Member states should take all necessary measures to ensure that, once gender reassignment has been completed and legally recognised in accordance with paragraphs 20 and 21 above, the right of transgender persons to marry a person of the sex opposite to their reassigned sex is effectively guaranteed.”

Question 29
Y
N
P



a) Are there legal and other measures in place to protect the right of transgender persons to marry?
☒
☐
☐



b) Are transgender persons allowed to marry a person of the sex opposite to their reassigned sex?
☒
☐
☐



c) Where married trans persons are required to divorce prior to obtaining the legal recognition of their self-determined gender, are measures in place compensating for any loss of rights and obligations resulting from their marriage?
Y
N
P
N/A


d)
☐
☐
☐
☒


Please describe the measures and provide examples of good practices in this area:
Although there is no precondition to divorce to obtain LGR, the law does provide for a possible annulment of marriage by request of the Ministry (even if none of the spouses ask for it). This should no longer be an issue as of 01/01/2024, as the marriage equality voted in June 2023 comes into force and removes the legal obstacle.
Once LGR is achieved, persons are treated according to their legal gender for marriage purposes.

X. Right to seek asylum

42. “In cases where member states have international obligations in this respect, they should recognise that a well-founded fear of persecution based on sexual orientation or gender identity may be a valid ground for the granting of refugee status and asylum under national law.”
Question 47
a) May a well-founded fear of persecution be recognised as a valid ground for the granting of refugee status and asylum under your national law, when based on:
Y
N
P
- sexual orientation?
☒
☐
☐
- gender identity?
☒
☐
☐
- gender expression?
☐
☐
☐
- sex characteristics? (optional)
☐
☐
☐




b) Are there measures in place to ensure that applicants will not be subjected to psychological tests to determine their:
- sexual orientation?
☒
☐
☐
- gender identity?
☒
☐
☐
- sex characteristics? (optional)
☐
☐
☐
c) Are there measures in place to ensure that applicants will not be asked to provide detailed account of their sexual practices or to produce “evidence” such as images or films of intimate acts to prove their sexual orientation or gender identity in asylum claims?
☒
☐
☐
d) Are measures in place to ensure that asylum requests may not be turned down on the ground that the claimant can escape persecution in the country of origin by keeping their sexual orientation or gender identity secret?
☒
☐
☐
e) Does national legislation permit late disclosure of LGBTI identity in asylum applications once other asylum grounds have been denied?
☒
☐
☐
f) Are there measures in place to ensure that officers in charge of assessing the claims are trained to approach LGBTI matters in a respectful way?
☐
☒
☐
Please describe the measures and provide examples of good practices in this area:
The law provides for the definition of the refugee and beneficiary of subsidiary protection, which are in accordance with 1951 Geneva Convention and with respective EU acquis. All asylum cases are processed and decisions are taken individually based on law and taking account of international humanitarian law principles, respective UNHCR guidelines and decisions of ECtHR. In the framework of assessing the need for international protection, all grounds are being assessed. All applicants are guaranteed the right to appeal to the court and to receive free legal help and representation in the court proceedings. Psychological tests have never been used in practice. Credibility assessment is the part of an individualized holistic determination of eligibility for refugee status or subsidiary protection status. Dialogical Communication Method of investigative interviewing is being used. All case officers have been trained using EASO modules and materials.
Please provide updates in relation to participation in EUAA trainings on SOGIESC issues .

43. “Member states should ensure particularly that asylum seekers are not sent to a country where their life or freedom would be threatened or they face the risk of torture, inhuman or degrading treatment or punishment, on grounds of sexual orientation or gender identity.”

Question 48
a) Does your country ensure that asylum seekers are not sent to a country where their life or freedom would be threatened because of their:
Y
N
P
- sexual orientation?
☒
☐
☐
- gender identity?
☒
☐
☐
- gender expression?
☒
☐
☐
- sex characteristics? (optional)
☐
☐
☐
b) In particular,
Y
N
P
- does your country remove from the lists of safe countries of origin any state that criminalises or persecutes same-sex relations or transgender identities?
☒
☐
☐
- does your country remove from the lists of safe countries of origin any state where there is a proven and unsanctioned persecution of LGBTI persons, even in the absence of legislation explicitly banning same-sex relationships or transgender identities?
☐
☐
☒
Please describe the measures and provide examples of good practices in this area:
In 2019, the UN Human Rights Committee expressed concern at allegations of denial of access to asylum procedures at specific border-crossing points.
Please provide a list of safe countries of origin.

44. “Asylum seekers should be protected from any discriminatory policies or practices on grounds of sexual orientation or gender identity; in particular, appropriate measures should be taken to prevent risks of physical violence, including sexual abuse, verbal aggression or other forms of harassment against asylum seekers deprived of their liberty, and to ensure their access to information relevant to their particular situation.”

Question 49
Y
N
P
a) Are specific measures in place to prevent violence against LGBTI asylum seekers deprived of their liberty?
☐
☒
☐
And in particular,
b) Do LGBTI NGOs and other support services have access to such detention places and are able to co-operate with them to support LGBTI asylum seekers and refugees?
☒
☐
☐
a) Are alternatives to detention offered to LGBT asylum seekers whose protection cannot be guaranteed?
☐
☒
☐
b) Are measures in place to ensure the provision of information that includes LGBTI-specific elements?
☐
☒
☐
c) Are confidential complaints mechanisms in place in detention?
☐
☐
☒
Please describe the measures and provide examples of good practices in this area:
In 2022, the Chancellor of Justice expressed concern at the legal regime and arrangements relating to the detention of persons denied entry at the border.

Question 50
Y
N
P
a) Is the self-determined name and gender identity of a transgender asylum seeker respected throughout, including especially in regard to placement, use of gendered facilities, form of address, and official documents?
☐
☐
☒
b) Are transgender asylum seekers able to access legal gender recognition procedures and continue or start trans-specific healthcare?
☐
☒
☐
Please describe the measures and provide examples of good practices in this area:
The below reply was provided in 2018 by authorities. Please update accordingly:
There are no clear regulations in this matter. It is a general rule though, that special needs of an applicant should be met. In Estonia, there has been one such occasion and the person was housed and addressed according to her wishes. However, all the documentation was registered and issued after the person’s original documentation.