European Parliament UK Office

European Parliament condemns homophobia

SUMMARY

MEPs voted overwhelmingly on Wednesday 18 January 2006 to condemn discrimination on the basis of sexual orientation. In a resolution supported by 468 MEPs (149 against, 41 abstentions), the European Commission was urged to start infringement proceedings against Member States that failed to implement the directive on equal treatment in employment and occupation.

The Commission was also asked to put forward proposals guaranteeing the freedom of movement of "EU citizens and their family members and registered partners of either gender": a recurring complaint from LGBT organizations concerns the absence of mutual recognition across the EU of officially registered same-sex marriages or partnerships.

MEPs called on EU governments to end discrimination faced by same-sex partners as regards inheritance rights, property arrangements, tenancy, pensions, tax, and social security.

Finally, Parliament urged Member States to step up the fight against homophobia through education and to fully recognise homosexuals as targets and victims of the Nazi regime.

Contact: Simon Duffin, Press Officer, European Parliament UK Office, sduffin@europarl.eu.int

EXCERPTS from the debate of 16 January 2006 in Strasbourg:

Alexander Stubb, on behalf of the PPE-DE Group . – (…) this resolution is not about homosexuality as such but about homophobia, and for us this is really an issue about human rights and whether you approve of beating other people because of their sexual orientation.

We all agree that there is a lot to do in all Member States and within the institutions. A lot of pressure needs to be applied. (…) That is really why we are having this debate: to get the Member States into line.

The second issue concerns the two problems we are facing in fighting homophobia. The first is the inequality in the legislation of the Member States. We have all heard of the problems linked to free movement: one couple being accepted, for instance, in the Netherlands but not being accepted and getting the same rights – social or otherwise – for instance, in Italy. The second problem is a worrying development in many Member States. We all see and face the problems of hate crimes and discrimination. We must also remember that this is not only about sexual orientation; it is also about gender identity and gender expression.

My final point is that we must remember that there are still 75 countries that consider homosexuality to be illegal and 9 countries which impose the death penalty for it. We must get rid of that.

Michael Cashman (Lab, West Midlands). – Mr President, I wish to express my disappointment at the statement made by Commissioner Frattini, which was more a repetition than a statement. Commissioner, we know you are concerned and we know the Commission is concerned, but the Commission should be judged on what it does. Infringement proceedings must be brought against any Member State that fails to transpose or implement the appropriate directives already in force in a number of Member States. I agree that we must campaign and educate, but that in itself is not enough. A proposal for a horizontal directive directly related to the race and ethnicity directive promised by President Barroso must be brought before this House.

I am saddened by some of the contributions this afternoon. This is about equality, not about promoting homosexuality. It is about giving homosexuals the equal rights and equality that others take so much for granted.

I am gay. I am a homosexual, born to an ordinary man and woman. Because of that some people will wish to take away my right to talk about my sexuality, to celebrate my 22-year relationship and to be part of a wider community. Some would vilify me, take away my democratic rights and use hate-speak against me. I could decide to go on a gay pride march, but that gay pride march could be banned. Why? Because society is preoccupied with what it perceives as my sex life. A judgement has been made on it. Where is the morality in that? Where is the morality in preaching and promoting discrimination and hatred, sometimes behind the shield and the excuse of religion or belief?

I say to Commissioner Frattini and the entire Commission, as well as to this House, that if we do nothing when we see people beaten to death, vilified and discriminated against then we are condoning and becoming complicit in those beatings, in the hate-speak, the defamation and the ill-treatment. Even in the United Kingdom, where enormous advances have been made, a young man was kicked to death just before Christmas for no other reason than he was homosexual. If this House does nothing then it is party to every single blow that was rained upon that individual and other men like him and on gay women across the European Union. That I should even have to make such a statement here in Parliament makes this a day of great sadness.

Sarah Ludford (LibDem, London). – Mr President, I have to acknowledge that, as Mr Cashman has said, even in my own constituency of London we continue to see prejudice and homophobic crime. Just recently a gay man was killed purely out of murderous prejudice. A few years ago we had a hate-crazed bomber who specifically intended to kill gay customers of a bar. Of course he killed others too. But we are largely looking at private hate and prejudice. What is so shocking about developments in some Member States is the crude official intolerance: the banning of Pride demonstrations, inflammatory language even by Prime Ministers, police failure to protect marches, and so on.

We need European legislation to outlaw hate crime on grounds not only of race – which we have still not achieved – but also of sexual orientation. And we need to equalise the treatment of race, gender and sexual orientation in generalising the ban on discrimination not only in the workplace, but also in the receipt of services and in the supply of goods. The patchwork that we have at the moment is not good enough. I look also to Commissioner Frattini to lead the effort to greatly improve the generalised protection of both women and minorities.

TEXT ADOPTED on Wednesday 18 January 2006 (excerpt):

European Parliament resolution on homophobia in Europe

The European Parliament ,
(…)

1. Strongly condemns any discrimination on the basis of sexual orientation;

2. Calls on Member States to ensure that LGBT people are protected from homophobic hate speech and violence and ensure that same-sex partners enjoy the same respect, dignity and protection as the rest of society;

3. Urges Member States and the Commission firmly to condemn homophobic hate speech or incitement to hatred and violence, and to ensure that freedom of demonstration – guaranteed by all human rights treaties - is respected in practice;

4. Calls on the Commission to ensure that discrimination on the basis of sexual orientation in all sectors is prohibited by completing the anti-discrimination package based on Article 13 of the Treaty either by proposing new directives or by proposing a general framework covering all grounds of discrimination and all sectors;

5. Urges Member States and the Commission to step up the fight against homophobia through education, such as campaigns against homophobia in schools, in universities and in the media, as well as through administrative, judicial and legislative means;

6. Reiterates its position in relation to the proposal for a decision on the European Year of Equal Opportunities for All that the Commission must ensure that all forms of discrimination referred to in Article 13 of the Treaty and in Article 2 of the proposal are addressed and dealt with equally, as stated in the Parliament's position on the proposal, and reminds the Commission of its promise to monitor closely this matter and to report to Parliament;

7. Urges the Commission to ensure that all Member States have transposed and are correctly implementing Directive 2000/78/EC and to start infringement proceedings against those Member States that fail to do so; in addition, calls on the Commission to ensure that the annual report on the protection of fundamental rights in the EU includes full and comprehensive information on the incidence of homophobic hate crimes and violence in Member States;

8. Urges the Commission to come up with a proposal for a directive on protection against discrimination on the basis of all the grounds mentioned in Article 13 of the Treaty, having the same scope as Directive 2000/43/EC;

9. Urges the Commission to consider the use of criminal penalties in cases of violation of directives based on Article 13 of the Treaty;

10. Calls on all Member States to take any other action they deem appropriate in the fight against homophobia and discrimination on grounds of sexual orientation and to promote and implement the principle of equality in their societies and legal systems;

11. Urges Member States to enact legislation to end discrimination faced by same-sex partners in the areas of inheritance, property arrangements, tenancies, pensions, tax, social security etc.;

12. Welcomes recent steps taken in several Member States to improve the position of LGBT people and resolves to organise a seminar for the exchange of good practice on 17 May 2006 (International Day against Homophobia);

13. Reiterates its request that the Commission put forward proposals guaranteeing freedom of movement for Union citizens and their family members and registered partners of either gender, as referred to in Parliament's recommendation of 14 October 2004 on the future of the area of freedom, security and justice;

14. Calls on the Member States concerned finally to accord full recognition to homosexuals as targets and victims of the Nazi regime;

15. Instructs its President to forward this resolution to the Commission, to the governments of the Member States and to the accession and candidate countries.

European Parliament condemns homophobia

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