Box 14.7
The Swedish Project Norm-Giving Diversity: ‘Ignorance, Diversity and Love’304
• The project focuses on the armed forces as one of the institutions that clearly sets standards in society;
• Its main idea is to provide a forum for employers, trade unions, and ideological organizations to work
together in the battle against discrimination based on sexual orientation;
• The basic concept is that an open and generous working environment benefits everyone;
• It aims to create a climate in which no one has to hide their sexual orientation from their colleagues against
their will;
• It aims to change the prevailing masculine culture through education;
• It provides information on homosexuality;
• It offers awareness-raising for employees, employers, interest groups, and unions;
• It underlines the importance of networks for homosexuals in order for their voices to be heard.
304
Partners of gays and lesbians
While some states do not provide any benefits to the partners of gays and lesbians, others
provide housing and other benefits. In the United Kingdom, for example, the partners of
gays and lesbians have equal pension rights to heterosexual couples. Since 2005, the British armed forces have entitled the partners of gays and lesbians to stay in family quarters,
provided their relationship is registered under the Civil Partnership Act of 2004.305 In Denmark, the partners of gays and lesbians receive the same social benefits in case of death
or disability as the partners of heterosexual service members. Canada provides gay and
lesbian service members with medical and other benefits for their partners.306 In Spain,
according to Law 29/1999 on Measures for the Geographic Mobility of Soldiers, housing is
granted for stable partnerships, even if the soldier’s partner is of the same sex (Art. 6).307
Complaints procedures and counselling
In most countries, there are no special complaints procedures in cases of harassment based
on sexual orientation. Complaints mechanisms for gays and lesbians are often incorporated into general complaints mechanisms so as to avoid identification where an individual
wishes to remain anonymous. Therefore, gay and lesbian military personnel who are victims of discriminatory practices may initiate regular informal procedures by reporting the
case to their superior, who may investigate the complaint or refer it to the commanding
officer. If this inquiry is unsatisfactory for the victims, they may ask for review of the claim
by a civil court (e.g., France, Sweden) or by the military prosecutor’s office (e.g., Ukraine).
Complaints mechanisms should include effective witness protection, confidentiality provisions, and the possibility of a temporary transfer to another unit while an investigation is
ongoing.
304 See the website of the publicly funded Swedish programme Norm-giving Diversity, 16
October 2002, available at <http://www.normgivande.nu/ArticlePages/200210/16/20021016204747_
Normgivande351/20021016204747_Normgivande351.dbp.asp>.
305 Simon Evans, “Armed forces allow gay couples family quarters”, The Scotsman, 21 February 2005, available
at <http://news.scotsman.com/uk.cfm?id=194672005>.
306 Wechsler Segal, op. cit., note 276, p. 218.
307 Nolte, op. cit., note 6. The armed forces were the first public institution in Spain to confer legal rights to
stable partnerships of the same sex.
140
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents