Poland last in the EU. Rainbow Europe Map and Index 2023

In this year's Rainbow Europe Map and Index, an international ranking of LGBTQI+ equality level in European countries, Poland was ranked the last in the European Union and 42nd out of 49 all European countries. Poland's result was 15% against 100% possible. Only seven countries ranked lower: San Marino, Belarus, Monaco, Russia, Armenia, Turkey, and Azerbaijan.

Rainbow Europe – ILGA-Europe’s annual benchmarking tool – comprises the Rainbow Map and Index and national recommendations. ILGA-Europe has been producing the Rainbow Map and Index since 2009, using it to illustrate the legal and policy situation of LGBTI people in Europe.

The Rainbow Map and Index ranks 49 European countries on their legal and policy practices for LGBTI people, from 0-100%.

In order to create our country ranking, ILGA-Europe examine the laws and policies in 49 countries using 74 criteria, divided between seven thematic categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition; intersex bodily integrity; civil society space; and asylum.

This year's ranking compiled by ILGA-Europe shows progress in many countries when it comes to equality for LGBTQI+ people. The top rainbow countries are: Malta (at the top spot for eight years in a row now), Belgium and Denmark (both countries with the score at 76%). The countries that made a longest leap forward in terms of providing legal protection for LGBTQI+ people include Spain, Iceland, Finland, Moldova, Switzerland, and Croatia.

"Despite intense anti-LGBTI attacks in several countries, equality is still advancing across Europe. While the public discourse is becoming more polarised and violent, particularly against trans people, political determination to advance LGBTI rights is paying off. The largest gains on the map are for countries that introduced legal gender recognition using a self-determination model. Over the past 12 months bans on intersex genital mutilation (IGM) are also bringing countries up in the ranking," we read at ilga-europe.com.

"Spain jumped six places to number four with its introduction of LGR with self determination, alongside a ban on IGM, while Finland entered the top ten, again up six places, again with LGR based on self-determination. Greece has also moved up four places with its ban on IGM."

The report authors also said "gender identity and sex characteristics are included in anti-discrimination and/or hate crime legislation, moving Belgium, Iceland and Moldova up the chart alongside Spain". "Moldova has jumped 14 places because sexual orientation and gender identity have been positively included in legislation covering employment, education, provision of goods and services, health, hate crime and hate speech."

"Slovenia and Switzerland switched positions. Both countries introduced same-sex marriage and joint adoption. Switzerland also allows medically assisted insemination for couples. Croatia too moved up one spot with its introduction of adoption for same-sex couples," we read.

Despite the ongoing war, Ukraine has displayed a positive trend (20% score in the ranking). Between June and August last year, nearly 30,000 people signed a petition regarding legalization of same sex marriages, thus exceeding the minimum threshold of 25,000.

In terms of protection of LGBT+ people's rights, Poland is way behind many other countries of Europe. The country scored only 15% in this year's ranking, receiving zero points in three out of seven categories. Poland lacks legislation addressing rainbow families, hate crimes, hate speech, as well as laws protecting rights of intersexual people. Although, the situation looks a bit better when it comes to transgender people, Poland's gender transition process serves as a global negative phenomenon: transgender people need to first sue their parents.

According to Campaign Against Homophobia, the National Action Programme for Equal Treatment for the years 2022-2030 adopted in the last 12 months could have improved the situation, but it failed to meet the ranking, European standards in terms of concrete action for the benefit of the LGBT+ people. The "nearly complete lack of it in the program" was striking, and that is why Poland did not receive a single point for it.

One thing deserves praise, however, as Poland's Office of the Ombudsman has been consistent in supporting nonheteronormative, transgender and intersexual people, and received the maximum of three points this year.

"Sadly, the ranking is not a surprise. In the last 12 months, Polish parliament and government did not introduce any legal changes for the benefit of the LGBT+ people. Polish lawmaking still discriminates against the LGBT+ people: according to the law, people living in same sex relationships are considered strangers to one another, Poland does not provide basic security to children from rainbow families," said Annamaria Linczowska of Campaign Against Homophobia. "Poland is a member of the Council of Europe and the EU, which entails duty to uphold the EU law, or at least the European Convention on Human Rights, as well as implementation of the CJEU and ECHR rulings, for which we are still waiting," Linczowska added.

"Polish people want to be part of the European Union: not only the economic community, but also the community of values. We no longer want to be at the homophobic bottom of Europe. Polish men and women want a democratic Poland, with equality and safety for everyone. It would be good if politicians running in elections kept that in mind," said Justyna Nakielska of Campaign Against Homophobia.

Rainbow Europe brings together both the legal index of LGBTI equality based on our Rainbow Europe Map and an overview of the social climate for LGBTI people in each country based on our Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People.

Rainbow Europe ranks all 49 European countries on a scale between 0% (gross violations of human rights, discrimination) and 100% (respect of human rights, full equality). It ranks the countries based on laws and policies that directly impact the LGBTI people’s human rights under 7 categories: equality and non-discrimination; family; hate crime and hate speech; legal gender recognition; intersex bodily integrity; civil society space; and asylum.

Rainbow Europe provides insights into the political and social developments in each European country, along with a feeling of what everyday life for LGBTI people is like beyond the laws and policies. Rainbow Europe makes it easier to keep up to date with the latest developments in European LGBTI rights.