Brussels, 02/07/2008 (Agence Europe) - The EU Fundamental Rights Agency (Vienna) published a report on 30 June entitled “Homophobia and Discrimination on Ground of Sexual Orientation in the EU Member States - Part I- Legal Analysis”. The second report will be devoted to the social aspects and its publication is scheduled for autumn 2008.
The legal analysis covers the EU27. It identifies differences in treatment and legal protection and gaps in the full and equal enjoyment of rights in areas of EU competence, particularly with regard to same-sex partners, the agency says in a press release, stressing that “the equal right to equal treatment should underpin the legislative direction”. Unfortunately, the guarantee of equal protection under European anti-discrimination legislation remains an ideal rather than a reality for lesbians, gays, bisexuals and transsexuals (LGBT). Greater legislative protection within the EU is therefore necessary, the agency says, pointing out that the report is being released in a specific context: the launch on Wednesday 2 July by the Commission of its new communication on non-discrimination, which is part of the European social agenda (see other news item).
The report observes that: - in 18 of the 27 member states, any artificial “hierarchy” of those facing discrimination has been disregarded and members of the LGBT community enjoy legal protection and rights in the areas of employment, access to public goods and services, housing and social benefits; - the rights and advantages of married couples should be extended to same-sex partnerships. This also applies to the spouses' rights and benefits in terms of free movement and family reunification.
The agency also recalls in its press release that article 21 of the Charter of Fundamental Rights prohibits any discrimination on the basis of gender, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. The agency therefore believes that “the new measures discussed by the EU should, commensurate to the EU Fundamental Rights Charter, extend legal protection to all the areas covered by the EU's racial equality legislation and in all member states of the Union”.
The report (which is available at http: //fra.europa.eu) elicited questions from journalists at the Commission's briefing on Tuesday 1 July in Brussels. In response to a question about why unions between same-sex couples are recognised in some EU member states and not in others, and what the Commission thinks of this, the spokesperson for JHA, Michele Cercone, responded: “The Commission makes no link between these, welcomes the agency's report and will use the conclusions as in the past”. He also pointed out that “the Commission is committed to fighting all forms of discrimination”. One journalist persisted, asking what the Commission thinks of the existence of a disparity between recognition of same-sex unions which might contravene European legislation. The spokesperson said simply: “The work of this agency brings a great deal of added value to the Commission's day-to-day work”. Is it possible to discriminate in terms of access to education in European schools on the basis of racial issues? “I do not think that the European agency's report looks at that”, replied Michele Cercone. (G. B.)