He released this comment on trans rights on his website yesterday.

During missions to member states of the Council of Europe, I have been reminded of the on-going discrimination many face on account of their gender identity.

Transgender persons encounter severe problems in their daily lives as their identity is met with insensitivity, prejudice or outright rejection.

There have been some extremely brutal hate crimes against transgender persons.

One case, which received media attention, was the murder in Portugal of a homeless, HIV-positive, Brazilian transgender woman, called Gisberta (Luna) Salce Junior.

She was tortured and raped by a group of young men, thrown into a well and left to die.

My discussions with non-governmental organisations defending the rights of transgender persons indicate that a number of such hate crimes go unreported – even in serious cases.

One of the reasons appears to be a lack of trust in the police.

Some people seem to have a problem with the mere existence of human beings whose outer expression of their inner gender identity is not the same as their gender determined at birth.

Aggression against transgender persons cannot however be excused as resulting from ignorance or lack of education.

These attitudes cause serious harm to innocent and vulnerable people and must therefore be countered.

I have been struck by the lack of knowledge about the human rights issues at stake for transgender persons, even among political decision-makers.

This is probably the reason why more has not been done to address transphobia and discrimination based on gender identity.

The result is that individuals are discriminated against all over Europe, in areas such as as employment, health care and housing.

In a number of countries, the problem starts at the level of official recognition.

Transgender persons who no longer identify with their birth gender, seek changes to their birth certificates, passports and other documents, but often encounter difficulties.

This in turn leads to a number of very concrete problems in daily life when showing one’s ID papers – in the bank or the post office, when using a credit card, or crossing borders.

One well-publicised case related to Dr. Lydia Foy in Ireland who sought to have her legal gender changed from male to female on her birth certificate.

After ten years of struggle, in 2007 the Irish High Court finally ruled that the State was in breach of Article 8 of the European Convention on Human Rights.

The European Court of Human Rights has ruled that States are required to recognise legally the gender change of post-operative transsexuals.

In one case, Christine Goodwin, a post-operative male to female transgender person, complained about sexual harassment in the workplace, discrimination in relation to contributions to the National Insurance system, and the fact that she was prevented from marrying a man (because she was still legally male).

The Court stated that “the very essence of the Convention was respect for human dignity and human freedom. Under Article 8 of the Convention in particular…protection was given to the personal sphere of each individual, including the right to establish details of their identity as human beings.”

In some European countries, it has now become possible to correct official records and obtain a new first name.

However, in other countries a change of birth certificate is simply not allowed.

In a large number of Council of Europe Member States, such changes are permitted only upon proof that the transgender person has been sterilised or declared infertile, or has undergone other medical procedures, such as gender reassignment surgery or hormone treatment.

The individual’s sincere affirmation of their gender identity is not seen as sufficient, and the suitability of the medical procedures for the person in question is not considered.

Additionally, many countries require that a married person divorces before his or her new gender can be recognised, even though the couple itself does not want to divorce.

This in turn may have an impact on children of the marriage.

In fact, in several countries the parent who has undergone the gender change will lose custody rights. Legislation requiring divorce needs to be reformed in the spirit of the best interests of the child.

To require surgery as a prerequisite to enjoy legal recognition of one’s gender identity ignores the fact that such operations are not always desired, medically possible, available, and affordable (without public or other funding).

It is estimated that only 10% of transgender persons in Europe actually undergo gender reassignment surgery.

Even access to ordinary health care is a problem for transgender people.

The lack of trained staff familiar with the specific health care needs of transgender persons – or simply prejudice towards transgender people – render them vulnerable to unpredictable and sometimes hostile reactions.

In the United Kingdom, male to female transgender persons have been struggling to get their gender status accepted for the purpose of pension benefits.

In spite of overwhelming legal arguments they have so far been denied the pension rights that other women in the country (who were born female) enjoy without question.

There are other obstacles encountered in day-to-day life. A major problem for transgender persons is harassment and discrimination at work.

Some leave their jobs to avoid it, while others avoid gender reassignment surgery for fear of stigmatisation.

Data presented by EU’s Fundamental Rights Agency shows that in some countries the unemployment rate of transgender persons can reach up to 50%.

Some jobless transgender persons are unable to find employment, and see no other option but to work in the sex industry.

A report from Human Rights Watch on Turkey called attention to the situation of transgender sex workers in that country – victimised by violence, drug addiction, sexual abuse, lack of health insurance, homelessness, police attacks, and a high risk of HIV/AIDS.

To date, very little factual information is available on the situation of transgender people in Council of Europe Member States.

This information is needed urgently to determine the extent of the problems faced.

There is no excuse for not immediately granting this community their full and unconditional human rights.

Council of Europe Member States should take all necessary concrete action to ensure that transphobia is stopped and that transgender persons are no longer discriminated against in any field.

In some cases these individuals are still being denied their right to education, health care, housing and work.

Some of them are harassed by the police, get no protection when attacked by extremists or are deported to countries where they risk torture or execution.

Also, some of their organisations are denied registration or are refused a permit to organise peaceful meetings and demonstrations.

Too few leading politicians stand up against these or even worse homophobic and transphobic expressions.

It is sometimes said that the protection of the human rights of lesbians, gays, bisexuals and transgender people (LGBT) amounts to introducing new rights.

That is a misunderstanding. The Universal Declaration of Human Rights and the agreed treaties establish that human rights apply to everyone and that no one should be excluded.

What is new is that there is now a stronger quest for this universal principle to be applied consistently.

When grounds for not-allowed discrimination are listed in human rights treaties or such previous lists are interpreted, there are now clear references to sexual orientation.

This also goes for the interpretation of the 1966 UN International Covenant on Civil and Political Rights.

Also, the European Court of Human Rights has clarified in several judgments that discrimination on grounds of sexual orientation is not allowed. The EU’s Fundamental Rights Charter explicitly includes discrimination based on sexual orientation.

The idea is to make clear the obvious – that lesbians, gays, bisexuals and transgender people have the same rights as others.

The international standards do apply to them as well. In other words, discrimination against anyone on the grounds of sexual orientation or gender identity is a human rights violation.

This is the main message of the Yogyakarta Principles on the Application of Human Rights Law in Relation to Sexual Orientation and Gender Identity.

These principles, which were adopted after an expert meeting in Yogyakarta in Indonesia in 2006, identify the obligations of States to respect, protect and fulfil the human rights of all persons, regardless of their sexual orientation or gender identity.

The Principles are the unanimous result of discussions between 29 independent international human rights experts from different parts of the world, of whom almost half have served in United Nations treaty committees or as special rapporteurs. One of the experts was the former UN High Commissioner for Human Rights Mary Robinson .

In the introduction to the Principles the experts make clear that they do not ask for new norms, only that those existing should be respected.

They state that it is critical to clarify State obligations under agreed international human rights law in order to promote and protect all human rights for all persons on the basis of equality and without discrimination.

Therefore, the Yogyakarta document goes further than just defining the principles, it also spells out the State’s obligations.

It asks for legislative and other measures to prohibit and eliminate discrimination against individuals because of their sexual orientation or gender identity. Legislation and action plans against discrimination should include this type of discrimination as well.

Laws should be repealed which criminalise consensual sexual acts between people of the same sex.

The document also requests governments to take concrete action to counter prejudices through education and training.

Steps should be taken to dispel discriminatory attitudes or behaviours which are built on the idea that any sexual orientation or gender identity is superior or inferior.

One particularly important chapter in the document relates to the implementation of the principle of the right to security of persons. In this chapter it is recommended that governments do the following:

- Take all necessary policing, or other, measures to prevent and provide protection from all forms of violence and harassment related to sexual orientation and gender identity;

- Take all necessary legislative measures to impose appropriate criminal penalties for violence, threats of violence, incitement to violence and related harassment, based on the sexual orientation and gender identity of any person or group of persons, in all spheres of life, including the family;

- Take all necessary legislative, administrative or other necessary measures to ensure that the sexual orientation and gender identity of the victim may not be advanced to justify, excuse or mitigate such violence;

- Ensure that preparation of such violence is vigorously investigated, and that, where appropriate evidence is found, those responsible are prosecuted, tried and duly punished, and that victims are provided with appropriate remedies and redress, including compensation;

- Undertake campaigns of awareness-raising, directed at the general public as well as actual and potential perpetrators of violence, in order to combat the prejudices that underlie violence related to sexual orientation and gender identity.

Such steps are necessary. During my mission travels I have been confronted with some of the realities behind the aggressive intolerance of those who are perceived as different.

I have met individuals who live in fear of being exposed and others who have ‘come out’ but suffer serious consequences.

Transgender persons are humiliated. Some of them have been denied necessary healthcare and have been confronted with medical practitioners who refuse to provide gender reassignment therapy.

Others have been prevented from having a change of name in passport or identification documents or only managed such a change after having gone through de-humanising procedures that are currently in place in many States.

The prejudices in this area are indeed very deep, not least in countries with a recent past of dictatorship and absence of free discussion.

Unfortunately, some religious preaching has also been influenced by similar tendencies and generally not been helpful in the defence of human rights of LGBTs.

Advocacy against homophobia is clearly not opportune in a number of countries.

This underlines the importance of broader and more systematic education and awareness efforts and more principled positions by leading politicians. I believe that the Yogyakarta Principles are important in this endeavour.

I recommend all governments of the Council of Europe member states to study the document and build on its principles through concrete action.

In fact, some of the member states have already made them an integral part of their human rights policies. For my part, I fully endorse the Principles.

Thomas Hammarberg is the Council of Europe’s Commissioner for Human Rights.

This Viewpoint is also available at the Commissioner’s website.