European Parliament, The rights of LGBTI people in the European Union
SUMMARY
The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence.
Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, healthcare, education or access to goods and services, leaving LGBTI people particularly vulnerable in these areas.
Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship, or for same-sex couples and their families wishing to move to another Member State.
Combating discrimination has become part of EU internal and external policies, and is the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally the preserve of Member States, such as marital status and family law.
In full: www.europarl.europa.eu/RegData/etudes/BRIE/2020/651911/EPRS_BRI(2020)651911_EN.pdf
ILGA, Europe, European Union and LGBTI Rights
A significant manifestation of this commitment was the inclusion in the 1997 Treaty of Amsterdam of Article 19 (former Article 13) which empowered the European Union to "take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation." This led to:
- In 2000, the European Union also adopted the European Charter of Fundamental Rights. This includes sexual orientation discrimination as a prohibited ground of discrimination in its non-discrimination article 21, being the first international human rights charter to do so. The Charter became binding after the entry into force of the Lisbon Treaty on the 1 December 2009.
- In 2000, the adoption of the Employment Directive, which obliges all Member States to introduce legislation banning discrimination in employment on a number of grounds, including sexual orientation by December 2003. Countries wishing to join the Union will also be obliged to introduce legislation. Given the number of countries affected, the Employment Directive is arguably the most important single legislative initiative in the history of lesbian, gay and bisexual rights.
- A Community Action Programme to Combat Discrimination, involving the expenditure of EUR100 million over the period 2001 to 2006, to fight discrimination in a number of areas, including sexual orientation.
- In 2002, the revision of the 1976 equal treatment directive in. Discrimination based on gender identity - that is, discrimination linked to a transgender person's identity or the process of gender reassignment - will be in breach of the Directive.
- In 2006, the Gender Recast Directive - aimed at consolidating the existing provisions on the implementation of the principle of equal treatment between men and women and providing a simplified legal framework on the area of sex discrimination.
- In 2011 and 2013, the European Union improved asylum directives which recognise persecutions on the grounds of sexual orientation and gender identity as legitimate grounds for claiming asylum in the EU. They require Member States to adequately train their asylum authorities' personnel.
- In 2012 the European Union adopted a directive (Victims of crimes protection directive) setting minimal standards on the rights, support and protection of victims of crime. It acknowledges that victims of crimes motivated by bias or discriminatory motives related to their personal characteristics, including sexual orientation, gender and gender identity or expression, may require specific protections during investigations and court proceedings. This Directive is the first international piece of legislation referring to gender expression.
- In 2013, the Foreign Affairs Council of the European Union adopted Guidelines To Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons.
These developments, together with a series of resolutions of the European Parliament [link], are increasingly establishing a rule that discrimination on the grounds of sexual orientation and gender identity is - so far as the European Union is concerned - unacceptable.
In full: https://ilga-europe.org/resources/guide-european-institutions/EU/lgbti-rights
European Parliament, List of actions - 2015-2019
Discrimination on the grounds of sexual orientation and gender identity has no place in our society, but for many people in Europe, it is a daily reality. The European Commission is standing against discrimination, prejudice and hate, and for diversity.
The 2015 Eurobarometer on discrimination shows that almost 60% of EU citizens see discrimination based on sexual orientation and gender identity as widespread.
Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) people continue to suffer from widespread discrimination, hate speech and hate crimes in the European Union. Although 71% of EU citizens agree that LGBTI people should have the same rights as heterosexual people, according to a study by the European Fundamental Rights Agency (2013), 47% of LGBTI people report to be discriminated or harassed in the year preceding the survey.
The European Commission published in December 2015 the List of Actions to Advance LGBTI Equality to move LGBTI equality forward. The Council adopted the first ever conclusions on LGBTI equality in June 2016 requiring the Commission to annually report on the implementation of the list of actions.
The first annual report, covering 2016, was presented during the High Level Ministerial Conference on LGBTIQ Mainstreaming organised by the Maltese Presidency in February 2017.
The second annual report, covering 2017, was presented at the occasion of the High Level Group on Non-Discrimination, Equality and Diversity on the 1st of March 2018, which is also the yearly "Zero Discrimination Day".(...)
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