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2026 | ILGA-Europe warns of growing rollback of LGBTI rights in European Union candidate countries

by Timothy••0

A new enlargement review published by the LGBTQIA+ advocacy organisation ILGA-Europe and regional network ERA – LGBTI Equal Rights Association for Western Balkans and Turkey warns that several countries seeking membership of the European Union are experiencing a significant deterioration in the protection of LGBTI rights. 

The organisations argue that the EU should make fuller use of the enlargement process to defend fundamental rights and challenge governments that introduce legislation incompatible with European values of democracy, equality and the rule of law.

The LGBTI Enlargement Review 2026 assesses developments in ten enlargement countries: Albania, Bosnia and Herzegovina, Georgia, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Turkey (Türkiye), and Ukraine. 

According to the report, legislative rollbacks have become one of the defining trends of the past year, replacing concerns about funding shortages as the most pressing challenge facing LGBTI organisations in the region.

Concerns over anti-LGBTI legislation

The review highlights what it describes as a growing wave of laws that criminalise, restrict or erase the visibility of LGBTI people. Special sections on legislative regression were included for Albania, Georgia, Moldova, North Macedonia and Turkey, reflecting what the authors consider a particularly serious deterioration in those countries. 

According to the report, these measures affect a wide range of rights, including freedom of assembly, education, healthcare, freedom of expression, family life and personal dignity. Five of the ten countries covered required specific analysis of anti-LGBTI legislative developments.

Georgia receives some of the strongest criticism. The review calls for the repeal of the country’s Law on the ‘Protection of Family Values and Minors’, adopted in September 2024. The law introduced restrictions on legal gender recognition, trans healthcare, same-sex family recognition, adoption by LGBTI people and the discussion of LGBTI topics in schools and public spaces. The report argues that the legislation has already created a chilling effect, encouraging self-censorship among professionals and contributing to a rise in discrimination and hate crimes.

The report also criticises additional Georgian legislation, including the Foreign Agents Registration Act and amendments affecting grant funding and gender equality laws. It argues that these measures have weakened civil society organisations and removed legal protections related to gender identity.

Enlargement process should be used more forcefully

ILGA-Europe and ERA argue that the EU’s enlargement framework remains one of the strongest tools available for advancing human rights reforms. They call on the European Commission to be more explicit in future enlargement reports, not only identifying legislative gaps but also drawing attention to failures to implement existing laws and court judgments.

The organisations also urge the EU to reference an expanding body of case law from both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights when assessing candidate countries. According to the report, recent court rulings have strengthened European standards regarding legal recognition of same-sex couples and legal gender recognition for transgender people.

Particular attention is given to an April 2026 CJEU judgment concerning Hungary’s so-called anti-LGBT propaganda law. The court found that the legislation violated multiple provisions of EU law as well as Article 2 of the Treaty on European Union, which enshrines the Union’s core values. 

The review describes the judgment as a landmark decision that confirms anti-LGBTI legislation is incompatible with the EU’s foundational principles.

Same-sex recognition and gender recognition remain key priorities

Across all ten enlargement countries, the review identifies legal recognition of same-sex couples and accessible legal gender recognition procedures as the most consistent priorities. The authors argue that candidate countries need to either introduce or improve legislation allowing same-sex couples to obtain legal recognition and enabling transgender people to update official identity documents through clear and accessible procedures.

The report notes that legal recognition of same-sex relationships is already available in most EU member states and argues that the absence of such recognition creates practical difficulties involving inheritance, healthcare decision-making, pensions, taxation and family reunification. 

Meanwhile, legal gender recognition remains unavailable or difficult to access in several candidate countries.

Trans-specific healthcare also remains a recurring issue. Four country chapters identify the need for improved healthcare access and clearer medical protocols for transgender people, particularly in conjunction with legal gender recognition reforms.

Concerns over Ukraine and Serbia

While the report focuses heavily on countries that have introduced new restrictions, it also raises concerns about broader political developments elsewhere.

In Serbia, the authors describe a wider deterioration of democracy and human rights that they say affects LGBTI people, activists and civil society organisations. Although no major anti-LGBTI laws have yet been adopted, the report argues that the broader political climate is becoming increasingly hostile.

Ukraine is highlighted for a different reason. According to the review, a proposed new Civil Code could create what the authors describe as the clearest legal discrimination against same-sex couples anywhere in the EU enlargement region, apart from Georgia. 

The report warns that adopting the legislation in its current form would represent a significant setback in Ukraine’s alignment with EU standards on equality and fundamental rights.

Hate crime protections and education

Despite relatively comprehensive anti-discrimination frameworks in many enlargement countries, the report finds that implementation remains weak. Seven of the ten country chapters identify shortcomings in hate crime and hate speech legislation, particularly regarding online abuse and enforcement. Organisations contributing to the review report continuing difficulties in securing investigations, prosecutions and reliable data collection.

Education is another growing concern. The review argues that rising online hostility is increasingly affecting schools and young people. It calls on governments to ensure protection from bullying and discrimination, provide staff training on LGBTI issues and support vulnerable students. Particular concern is expressed about developments in North Macedonia, where protections are reported to be weakening.

Call for stronger EU engagement

The report concludes that the European Union should place greater emphasis on equality and fundamental rights throughout the enlargement process. It calls for stronger political engagement, clearer benchmarks and continued support for civil society organisations working to advance LGBTI rights across the region. 

According to ILGA-Europe and ERA, enlargement policy should not only encourage new reforms but also challenge governments when existing protections are weakened or removed.

The organisations argue that recent European court rulings have clarified that discrimination against LGBTI people is incompatible with the values underpinning the European project. As accession negotiations continue with countries across the Western Balkans, Eastern Europe and Turkey, they contend that these standards should play a more prominent role in determining progress towards EU membership.

LGBTQIA+ and travel

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