The European Commissioner for Equality, Helena Dalli, and the Vice-President of the Commission responsible for Values and Transparency, Vera Jourova, unveiled on Thursday 12 November the first European strategy to tackle the discrimination that LGBTIQ persons still face in the EU today. Discrimination is increasing (see EUROPE 12488/18).
As part of this strategy, two legislative initiatives will see the light of day. The first should make up for the lack of specific European sanctions against hate speech and hate crimes, particularly anti-LGBTIQ. The Commission will present in 2021 an initiative to extend the European list of crimes (Article 83 of the TFEU).
There will be an upstream consultation with Member States. However, it has not started yet, Vera Jourova told the press.
Recognising parenthood
The second initiative, announced for 2022, will aim to “support the mutual recognition of parenthood between Member States”. In other words, to harmonise the definition of “parent” among the EU27.
Indeed, the differences that currently exist in national legislation regarding the recognition of same-sex couples and the relationship between LGBTIQ parents and their children hamper the freedom of movement of these families within the EU (see EUROPE 12599/22).
The Vice-President indicated that the envisioned legislative act “will fall under private international law and family law and will therefore require unanimity in the Council”. This mission is almost impossible in view of the repeated refusal of several States – Poland and Hungary foremost among them – to approve any text mentioning the term “LGBTQI”.
Swedish MEP Malin Björk (GUE/NGL), Vice-Chairperson of Parliament’s LGBTI intergroup, said that work should already be launched in the Council of the EU to secure the support of Member States.
“The German Presidency [of the EU Council] should propose that conclusions be adopted in the Council so that the States approve this strategy”, suggested the elected representative to EUROPE; she herself is currently unable to return to her country with her partner and their children. The latter, born in Belgium, are not legally recognised as their children in Sweden.
Without unanimity in the EU Council, Ms Jourova, recalls that States could agree to use enhanced cooperation. However, the Vice-Chairperson indicated that she “does not wish to go there” in view of the “importance” of this issue.
“At present, 21 Member States recognise a form of union between persons of the same sex. Only some of them allow same-sex couples the possibility of adopting children. In the context of enhanced cooperation, it is a safe bet that the States that would commit themselves are those in which there are already no problems. That would be a ridiculous result”, she asserted, guaranteeing that the Commission would therefore propose “something negotiable and acceptable to all States”.
Good practice
The institution also undertakes to review the 2009 guidelines on free movement in 2022 so that they “reflect the diversity of families”.
In areas where it is not in a position to legislate, the Commission undertakes to promote “exchanges of good practice” between Member States.
These exchanges should address, inter alia, the specific needs of LGBTIQ asylum seekers or the legal requirements for persons wishing to change their gender – which vary considerably from State to State. The Commission advocates here “procedures based on the principle of self-determination and without age restrictions”.
The institution assures that it will also engage in exchanges aimed at putting an end to practices deemed “harmful”, such as: – the forced medicalisation of trans people; – conversion therapies targeting LGBTIQ people (see EUROPE 12579/32); – medical interventions aimed at altering the sexual characteristics of intersex infants and adolescents, in most cases without their consent.
Strategy commended
On behalf of the European branch of theInternational Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA – EUROPE), Katrin Hugendubel, welcomed that “for the first time”, the Commission has a “a clear work programme for a wide range of services” within the institution, in relation to LGBTIQ rights.
In particular, she welcomed the Commission’s willingness to “[take] a leadership role in working with Member States”, especially in areas such as those listed above.
With regard to these areas, Malin Björk also notes a “fairly progressive” commitment and a “fairly huge step for the EU”. However, she deplores “weak commitments” regarding the measures taken to protect LGBTIQ refugees or to support civil society organisations which, in some countries, are subject to attacks, particularly in court, it recalls.
She also believes that the Commission has “completely failed” to make the awarding of European grants conditional on respect for LGBTIQ rights.
In general, however, the strategy has been very positively received by the associations and the European Parliament, which is particularly concerned about the recent fate of the community in some States (see EUROPE 12505/22).
Again this week in Hungary, a constitutional amendment was introduced by the government and provides, in the words of Zoltán Kovács, the Hungarian Prime Minister’s spokesman on Twitter, that children should be raised “according to the scientific definition of gender for the undisturbed development of the child according to his or her gender at birth”. This amendment could, among other things, eventually prevent adoption by homosexual couples.
Reacting to the publication of the strategy on Thursday, Mr Kovács also said it was “a pity” that the Commission “remains preoccupied with criticizing Member States” instead of helping them to combat Covid-19.
See the strategy: https://bit.ly/2IoeVV8 (Original version in French by Agathe Cherki)