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LGBTQ rights in the European Union

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LGBTQ rights in European Union
European Union
StatusNever criminalised in EU law.
Last state criminalisation repealed in 1994.
MilitaryAllowed to serve openly in every state except Cyprus.
Discrimination protectionsOutlawed in employment with further protections in member states' law
Family rights
Recognition of relationshipsAvailable in 16/27 states.
AdoptionAvailable in 9/27 states.

LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Homosexuality is legal in all EU states and discrimination in employment has been banned since 2000. However EU states have different laws when it comes to any greater protection, same-sex marriage and LGBT adoption.

Treaty protections

The Treaty on the Functioning of the European Union makes in Articles 10 and 19 provisions for combating discrimination on the grounds of sexual orientation. These provisions were enacted by the Treaty of Amsterdam in 1999.[1][2]

Furthermore, Article 21 of the Charter of Fundamental Rights asserts that "any discrimination based on any ground such as ... sexual orientation shall be prohibited." The Charter was agreed in 2000 and became legally binding in 2009.[3][1][2]

Legislative protection

Following the Treaty of Amsterdam's inclusion the treaty provisions described above, The directive establishing a general framework for equal treatment in employment and occupation was enacted in 2000. This framework directive compelled all EU states to adopt, within three years, anti-discrimination legislation in employment. That legislation had to included provisions to protect people from discrimination on the basis of sexual orientation.[2]

In practice, this protects EU citizens from being refused a job, or from being fired, because of their sexual orientation. It also protects them from being harassed by a work colleague due to their sexual orientation. It does not cover being refused medical services or treatment, refusal of being given a double room in a hotel, protection from bullying in a school and refusal of social security schemes (e.g. survivors’ pensions and financial assistance to carers). Protection under EU law in these circumstances is however granted on the grounds of race or gender.[4]

Despite this, ILGA-Europe considers the directive, given the number of countries involved, to be "arguably the most important single legislative initiative in the history of lesbian, gay and bisexual rights".[5]

Proposed directive

A proposed European anti-discrimination law would outlaw discrimination in the areas of social protection, social advantages, education and access to supply of goods. This would be on the grounds of religion or belief, disability, age, and sexual orientation.[6] However the directive has been stalled in the Council, despite strong support from the European Parliament.[7]

Transgender rights

Transgender protection is not covered in the same way in EU law. Despite the European Parliament adopting a resolution on transsexuals’ rights as early as 1989, Transgender identity is not incorporated into any EU funding and was not mentioned in the law establishing the European Institute for Gender Equality (EIGE) as sexual orientation was. However, the case law of the European Court of Justice provides some protection by interpreting discrimination on the basis of ‘sex’ to also refer to people who have had ‘gender reassignment’. Thus all EU sex discrimination law applies to transgender people.[2] In 2002, the 1976 equal treatment directive was revised to include discrimination based on gender identity.[5]

Other actions

Between 2001 and 2006, a Community Action Programme to Combat Discrimination involved the expenditure of €100 million to fight discrimination in a number of areas, including sexual orientation.[5]

In 2009 the European Commission has acted to tone down a law in Lithuania that included homophobic language and also aimed to support the gay pride parade in the country and others under threat of banning.[2]

Same-sex unions

Further information: Recognition of same-sex unions in Europe

Same-sex marriage has been legalised in five EU states: Belgium, the Netherlands, Portugal, Spain and Sweden. Civil unions have been legalised in a further eleven states: Austria, the Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Luxembourg, Slovenia and the United Kingdom. While other EU states are considering legalisation of some form of partnership, many states (particularly in Central and Southern Europe) have constitutionally defined marriage as being between a man and a woman.

While the EU legislates to improve the free movement of persons, there is no provision for mutual recognition of same-sex partnerships. The European Parliament has however approved a report calling for mutual recognition[8][9] and the Green Party of England and Wales is campaigning for EU-wide same-sex marriage.[10]

State laws

For detail, see: LGBT rights in Europe#Legislation by country or territory
LGBT rights in: Recognition of same-sex relationships Same-sex marriage Same-sex adoption Openly serving in military Anti-discrimination laws
Austria Austria Yes Yes No No No Yes Yes Some
Belgium Belgium Yes Yes Yes Yes Yes, 2006 Yes Yes All[11]
Cyprus Cyprus No No No No No No No Some
Czech Republic Czech Republic Yes Yes No No Single gay persons may adopt Yes Yes Some
Denmark Denmark Yes Yes No No Only in registered partnerships since 2010 Yes Yes All[12][11]
Estonia Estonia No No No No Only married couples can adopt Yes Yes Some[11]
Finland Finland Yes Yes No No Step-child adoption only (full joint adoption under consideration) Yes Yes Some[11]
France France Yes Yes No No Single gay persons may adopt Yes Yes All[12][11]
Germany Germany Yes Yes No No Step-child adoption only (full joint adoption proposed) Yes Yes Some
Greece Greece No No No No No, (proposed)[13] Yes Yes,[14] Some
Hungary Hungary Yes Yes No No, constitutional ban No Yes Yes Some
Italy Italy No No No No Only married couples can adopt Yes Yes Some
Republic of Ireland Ireland Yes Yes No No Single gay persons may adopt. Step Child adoption under consideration. Yes Yes All[11]
Latvia Latvia No No No No, constitutional ban Only married couples can adopt Yes Yes Some
Lithuania Lithuania No No No No, constitutional ban Only married couples can adopt Yes Yes All[11]
Luxembourg Luxembourg Yes Yes No No Single gay persons may adopt (step-child only proposed) Yes Yes Some
Malta Malta No No No No No Yes Yes Some
Netherlands Netherlands Yes Yes Yes Yes Yes Yes Yes All[11]
Poland Poland No No No No, constitutional ban Single gay persons may adopt Yes Yes Some
Portugal Portugal Yes Yes Yes Yes Single gay persons may adopt Yes Yes All, according to Constitution[11]
Slovakia Slovakia No No No No No Yes Yes Some
Slovenia Slovenia Yes Yes No No No, (proposed) Yes Yes Yes All
Spain Spain Yes Yes Yes Yes Yes Yes Yes All[11]
Sweden Sweden Yes Yes Yes Yes Yes, 2003 Yes Yes All[12]
Romania Romania No No No No No Yes Yes All[11]
United Kingdom United Kingdom Yes Yes No No 2002 in England and Wales, 2009 in Scotland and unclear in Northern Ireland Yes Yes All[15][12]

Northern Cyprus

Further information: LGBT rights in Northern Cyprus

The Turkish Republic of Northern Cyprus (TRNC), is not recognised by the European Union and is considered by it and all UN members except Turkey to be part of the Republic of Cyprus (and hence, the EU). However, due to the Cyprus dispute placing the territory outside the Republic of Cyprus' control, EU law is suspended in the area governed by the TRNC until the situation is resolved. The law of the TRNC on LGBT rights is contrary to EU law; homosexual acts between men are criminalised and there are no anti-discirmination provisions. The European Parliament has condemned the TRNC's law, leading the TRNC to move towards legalisation.

See also

References

  1. ^ a b Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, European Union 2009
  2. ^ a b c d e Perspective: what has the EU done for LGBT rights?, Café Babel 17/05/10
  3. ^ CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION, European Union 2000
  4. ^ What is the current legal situation in the EU?, ILGA Europe
  5. ^ a b c European Union and LGBT rights, ILGA Europe
  6. ^ {http://www.ilga-europe.org/home/how_we_work/european_institutions/anti_discrimination_law/why_ilga_europe_support Why ILGA-Europe supports the proposed Anti-Discrimination Directive], ILGA Europe
  7. ^ European Parliament renews call for anti-discrimination laws for LGBT people, LGBTQ Nation
  8. ^ Report on civil law, commercial law, family law and private international law aspects of the Action Plan Implementing the Stockholm Programme, European Parliament
  9. ^ EU-Wide Recognition of Member States’ Gay Marriage, Civil Partnership a Step Closer, WGLB
  10. ^ Green Party calls for EU-wide gay marriage, Pink News
  11. ^ a b c d e f g h i j k Rainbow Europe Country Index
  12. ^ a b c d Ottosson, Daniel. "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). The International Lesbian, Gay, Bisexual, Trans and Intersex Association. Retrieved 30 September 2010.
  13. ^ http://www.tovima.gr/society/article/?aid=400009
  14. ^ http://en.wikipedia.org/wiki/Sexual_orientation_and_military_service#Greece
  15. ^ Criminal Justice and Immigration Act 2008 (c. 4)
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