LGBT rights in the European Union
Encyclopedia
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.
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.
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.
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.
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".
, despite strong support from the European Parliament
.
(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. In 2002, the 1976 equal treatment directive was revised to include discrimination based on gender identity.
100 million to fight discrimination in a number of areas, including sexual orientation.
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.
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 and the Green Party of England and Wales
is campaigning for EU-wide same-sex marriage.
(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.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
's (EU) treaties
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
and law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
. Homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
is legal in all EU states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
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
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
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.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.
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 occupationDirective establishing a general framework for equal treatment in employment and occupation
Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination.The Council Directive 2000/78/EC implements the principle of equal treatment in the area of employment, covering disability, religion or belief,...
was enacted in 2000. This framework directive
Framework Directive
A Framework Directive establishes a framework or template for subsequent legislation in an area. "The" Framework Directive may refer to a number of European Union directives that put in place legislative frameworks, including -...
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.
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.
Despite this, ILGA-Europe
ILGA-Europe
ILGA-Europe is the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association.ILGA-Europe is a non-governmental umbrella organisation which represents its members, principally organisations of lesbian, gay, bisexual and transgender persons, at the European level.Its...
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".
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. However the directive has been stalled in the CouncilCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
, despite strong support from the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
.
Transgendered 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 EqualityEuropean Institute for Gender Equality
The European Institute for Gender Equality is a Vilnius-based agency of the European Union inaugurated on 2007. It was established by Council Regulation No 1922/2006 of 20 December 2006...
(EIGE) as sexual orientation was. However, the case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
of the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
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. In 2002, the 1976 equal treatment directive was revised to include discrimination based on gender identity.
Other actions
Between 2001 and 2006, a Community Action Programme to Combat Discrimination involved the expenditure of €Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
100 million to fight discrimination in a number of areas, including sexual orientation.
In 2009 the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
has acted to tone down a law in Lithuania that included homophobic language and also aimed to support the gay pride parade
Gay pride parade
Pride parades for the LGBT community are events celebrating lesbian, gay, bisexual and transgender culture. The events also at times serve as demonstrations for legal rights such as same-sex marriage...
in the country and others under threat of banning.
Same-sex unions
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 Eastern 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 and the Green Party of England and Wales
Green Party of England and Wales
The Green Party of England and Wales is a political party in England and Wales which follows the traditions of Green politics and maintains a strong commitment to social progressivism. It is the largest Green party in the United Kingdom, containing within it various regional divisions including...
is campaigning for EU-wide same-sex marriage.
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 
AustriaYes
No
No YesSome 
BelgiumYesYesYes, 2006 YesAll 
CyprusNoNoNo NoSome 
Czech Republic]YesNoSingle gay persons may adopt YesSome 
DenmarkYesNoOnly in registered partnerships since 2010 YesAll 
EstoniaNoNoOnly married couples can adopt YesSome 
FinlandYesNoStep-child adoption only (full joint adoption under consideration) YesSome 
FranceYesNoSingle gay persons may adopt YesAll 
GermanyYesNoStep-child adoption only (full joint adoption proposed) YesSome 
GreeceNoNoNo, (proposed) Yes,Some 
HungaryYesNo, constitutional banNo YesSome 
ItalyNoNoOnly married couples can adopt YesSome 
IrelandYesNoSingle gay persons may adopt. Step Child adoption under consideration. YesAll 
LatviaNoNo, constitutional banOnly married couples can adopt YesSome 
LithuaniaNoNo, constitutional banOnly married couples can adopt YesAll 
LuxembourgYesNoSingle gay persons may adopt (step-child only proposed) YesSome 
MaltaNoNoNo YesSome 
NetherlandsYesYesYes YesAll 
PolandNoNo, constitutional banSingle gay persons may adopt YesSome 
PortugalYesYesSingle gay persons may adopt YesAll, according to Constitution 
SlovakiaNoNoNo YesSome 
SloveniaYesNoNo, (proposed) YesAll
SpainYesYesYes YesAll 
SwedenYesYesYes, 2003 YesAll 
RomaniaNoNoNo YesAll 
United KingdomYesNo2002 in England and Wales, 2009 in Scotland LGBT rights in ScotlandLGBT rights in Scotland have advanced in the late 20th and in the early years of the 21st century, though less quickly than in England and Wales....
and unclear in Northern IrelandYesAll
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 CyprusCyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
(and hence, the EU). However, due to the Cyprus dispute
Cyprus dispute
The Cyprus dispute is the result of the ongoing conflict between the Republic of Cyprus and Turkey, over the Turkish occupied northern part of Cyprus....
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
- LGBT rights in EuropeLGBT rights in EuropeLesbian, gay, bisexual, transgender rights are widely diverse in Europe per country. Seven out of the ten countries that have legalised same-sex marriage are situated in Europe; a further fourteen European countries have legalised civil unions or other forms of recognition for same-sex couples...
- Recognition of same-sex unions in Europe
- Article 8 of the European Convention on Human Rights