“Rainbow Justice: Supporting the enforcement of CJEU jurisprudence for LGBTI equality” is a 2-year project designed to strengthen LGBTQIA+ legal programs and strategic litigation efforts in alignment with the Charter of Fundamental Rights of the European Union. The project aims to monitor and promote the enforcement of LGBTQIA+ rights and protections for their families under the Charter, establish a network of stakeholders to identify and support key strategic cases, and enhance awareness among LGBTQIA+ individuals regarding their rights and relevant judgements of the Court of Justice of the European Union. The project is implemented by a consortium of 2 non-governmental organizations defending and promoting the rights of LGBTQIA+ people - LGBTI Deystvie based in Bulgaria and ACCEPT Association, in Romania.
This toolkit was developed by Anca Baltac and Daria Anoaica under the coordination of Iustina-Raluca Ionescu, Human Rights Lawyer and it encapsulates the outcomes of ACCEPT Association’s dedicated efforts within its legal program. They are dedicated legal counselors specializing in supporting individuals who have experienced human rights violations, including hate crimes and discrimination. Over the years, they have collectively assisted hundreds of individuals, guiding them through legal processes and helping them seek justice. Their work involves engaging in strategic litigation, contributing to cases that address systemic human rights violations, and actively monitoring compliance with judgments from the European Court of Human Rights and the Court of Justice of the European Union. ACCEPT is a non-governmental organization in Romania promoting human rights for LGBTQIA+ persons. Our organization has a longstanding experience of working with families from the LGBTQIA+ community, providing legal assistance, psychological and social support. Among the cases we represented in courts in this field, there is the Coman case in front of the Court of Justice of the European Union (C-673/16, Coman and Others) and the Constitutional Court of Romania (Decision no.534/2018). ACCEPT has represented the 42 applicants in the case of Buhuceanu and Others v. Romania (Applications nos. 20081/19 and 20 others) in front of the European Court of Human Rights. We also coordinated the amicus curiae effort by a group of NGOs 4 promoting LGBTQIA+ rights in countries of Central and Eastern Europe in the case of Fedotova and Others v. Russia (17.01.2023), in front of the Grand Chamber of the European Court of Human Rights. During the legal aid sessions provided to the LGBTQIA+ community, several cases have emerged where the absence of marriage equality, recognition of parental ties within rainbow families or other such equality policies have resulted in violations of fundamental rights, such as the right to private and family life or the right to free movement. All these specific needs that we identified sparked the inspiration for this resource, which is intended for legal professionals, practitioners, experts, researchers on LGBTQIA+ fundamental rights, and, importantly, activists in this field.
This toolkit was made possible through the contributions of the following individuals and organizations:
● Iustina-Raluca Ionescu, Human Rights Lawyer;
● Teodora Roseti-Ion-Rotaru, Co-President, ACCEPT Association;
● Denitsa Lyubenova, Human rights lawyer, Youth LGBT
Organisation Deystvie;
● Alina Tryfondou, Assistant Professor of EU Law and Family Law,
University of Cyprus;
● Arpi Avetisyan, International Human Rights Lawyer;
● Marie-Helene Ludwig, Senior Strategic Litigation Officer, ILGA-
Europe.