2013/2183(INI) EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
LUNACEK Ulrike ( Verts/ALE)
|
METSOLA Roberta ( PPE),
CASHMAN Michael ( S&D),
IN 'T VELD Sophia ( ALDE)
|
| Committee Opinion | FEMM |
CLIVETI Minodora ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2014/02/04
EP - Results of vote in Parliament
Documents
2014/02/04
EP - Decision by Parliament
Details
The European Parliament adopted by 394 votes to 176 with 72 abstentions, a resolution on he EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity. The resolution adopted in plenary is one presented by the political groups EPP, S&D, ALDE, Greens/EFA, GUE/NGL replacing the draft resolution prepared by its Committee on Civil Liberties, Justice and Home Affairs.
Parliament noted that the 2013 EU LGBT survey conducted by the European Union Agency for Fundamental Rights (FRA) found that, across the EU in the year preceding the survey, one in two LGBT respondents felt discriminated against or harassed on grounds of sexual orientation and one in three was discriminated against when accessing goods or services and that one in four was physically attacked.
It also recalled that, in June 2013 the Council of the European Union adopted strong guidelines to promote and protect the enjoyment of all human rights by LGBTI (lesbian, gay, bisexual, transgender and intersex) (LGBTI) persons outside the European Union, and should ensure that they are protected effectively inside the EU.
Strongly condemning any discrimination on the basis of sexual orientation and gender identity, Parliament recalled that it had asked 10 times for a comprehensive European Union policy instrument for equality on grounds of sexual orientation and gender identity, promoting respect for LGBT persons and protection of their fundamental rights in the EU.
It called on the Commission to use its competences to the fullest extent, including facilitating the exchange of good practices among Member States and called on Member States to fulfil their obligations under EU law on measures to combat discrimination on grounds of sexual orientation or gender identity.
Horizontal actions to implement the Roadmap : the resolution detailed the content of the roadmap to combat discrimination on grounds of sexual orientation or gender identity. It stressed that this comprehensive policy should respect the Union’s competences as well as those of its Member States. It outlined the main actions that should be implemented in this context. These can be summarised as follows:
· the Commission is asked to work to secure existing rights throughout its work and across all domains in which it is competent by mainstreaming issues linked to the fundamental rights of LGBTI people in all relevant work;
· relevant European Union agencies should mainstream issues related to sexual orientation and gender identity in their work, and continue to provide the Commission and Member States with evidence-based advice;
· the Commission and Member States should be encouraged to regularly collect relevant and comparable data on the situation of LGBTI persons in the EU;
· together with relevant agencies, the Commission and Member States should seek to make citizens aware of the rights of LGBTI persons.
General provisions in the field of non-discrimination : in this field, Member States are encouraged to consolidate the existing EU legal framework by working to adopt the proposed directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, including by clarifying the scope and associated costs of its provisions.
Non-discrimination in employment : the Commission should include a specific focus on sexual orientation when monitoring the implementation of Directive 2000/78/EC , and on gender identity when monitoring the implementation of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. It should specify that transgender and intersex persons are covered under ‘sex’ in Directive 2006/54/EC.
Similar initiatives were envisaged to protect the rights of LGBTI people in fighting discrimination in the areas of:
· education: facilitating the sharing of good practices among Member States, including teaching materials, anti-bullying and anti-discrimination policies,
· health: access to health care, equality in health, and ensuring training curricula, health policies and health surveys take specific LGBTI health issues into account, within national health plans and policies, and reviewing legal gender recognition procedures;
· access to goods and services : a specific focus on access to goods and services by transgender persons when monitoring the implementation of Directive 2004/113/EC .
Parliament felt that the Commission should continue working within the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification.
Action specific to transgender and intersex persons : Members called for similar measures in the case of transgender and intersex persons. The Commission, Member States and relevant agencies should address the current lack of knowledge, research and relevant legislation on the human rights of intersex people. The Commission, Member States and relevant agencies should address the current lack of knowledge, research and relevant legislation on the human rights of intersex people. It should ensure gender identity is included among prohibited grounds of discrimination in any future equality legislation, including any recasts, and mainstream issues specific to transgender and intersex people throughout the relevant EU policies.
Citizenship, families and freedom of movement : Parliament asked that all the directives of relevance in the field should be respected for these persons including the right to family reunification and that the Commission make proposals for the mutual recognition of the effects of all civil status documents across the EU , in order to reduce discriminatory legal and administrative barriers for citizens and their families who exercise their right to free movement. Member States which have adopted legislation on cohabitation, registered partnerships or marriage for same-sex couples should recognise similar provisions adopted by other Member States.
Freedom of assembly and expression and rejection of hate speech : Parliament called on the Member States ensure that rights to freedom of expression and assembly are guaranteed, particularly with regard to pride marches and similar events , by ensuring these events take place lawfully and by guaranteeing the effective protection of participants. Member States should refrain from adopting laws and reconsider existing laws that restrict freedom of expression in relation to sexual orientation and gender identity.
The Commission was asked to provide assistance to Member States with regard to issues specific to sexual orientation, gender identity and gender expression when implementing Directive 2012/29/EU on the rights, support and protection of victims of crime, in particular hate crimes.
Member States should register and investigate hate crimes against LGBTI people, and adopt criminal legislation prohibiting incitement to hatred on grounds of sexual orientation and gender identity.
The Commission should propose a recast of the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law including other forms of bias crime and incitement to hatred, including on grounds of sexual orientation and gender identity.
On the issue of asylum, Parliament called on the Commission and Member States to ensure that asylum professionals, including interviewers and interpreters, receive adequate training - including existing training - to handle issues relating specifically to LGBTI persons. Member States should also ensure that the legal and social situation of LGBTI persons in countries of origin is documented systematically and that such information is made available to asylum decision-makers as part of Country of Origin Information (COI).
Lastly, as regards enlargement and external action , Parliament called on the Commission, the European External Action Service, the EU Special Representative for Human Rights and Member States to systematically use the Council Guidelines to promote and protect the enjoyment of all human rights by LGBTI persons.
In any event, this comprehensive policy must respect the competences of the European Union, of its agencies, and of Member States.
It should be noted that an alternative resolution presented by the EDD was rejected in plenary.
Documents
2014/02/04
EP - End of procedure in Parliament
2014/02/03
EP - Debate in Parliament
Documents
2014/01/08
EP - Committee report tabled for plenary
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the initiative report by Ulrike LUNACEK (Greens/EFA, AT) on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity.
Members noted that the 2013 EU LGBT survey conducted by the European Union Agency for Fundamental Rights (FRA) found that, across the EU in the year preceding the survey, one in two LGBT respondents felt discriminated against or harassed on grounds of sexual orientation and one in three was discriminated against when accessing goods or services. It also revealed that one in four was physically attacked .
They also recalled in this context that, in May 2013, 11 Equality Ministers called on the Commission to issue a comprehensive EU policy for LGBT equality, and that the European Parliament has asked 10 times for a comprehensive European Union policy instrument for equality on grounds of sexual orientation and gender identity.
Strongly condemning any discrimination on the basis of sexual orientation and gender identity, Members once again called for a comprehensive policy to protect the fundamental rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people and for a roadmap to be defined.
Horizontal actions to implement the Roadmap: Members detailed the actions to be set in place by the European institutions or agencies. They stressed that this comprehensive policy should respect the Union’s competences as well as those of its Member States. They outlined the main actions that should be implemented in this context. These can be summarised as follows:
the Commission is asked to work to secure existing rights throughout its work and across all domains in which it is competent by mainstreaming issues linked to the fundamental rights of LGBTI people in all relevant work; relevant European Union agencies should mainstream issues related to sexual orientation and gender identity in their work, and continue to provide the Commission and Member States with evidence-based advice; the Commission and Member States should be encouraged to regularly collect relevant and comparable data on the situation of LGBTI persons in the EU; together with relevant agencies, the Commission and Member States should seek to make citizens aware of the rights of LGBTI persons.
General provisions in the field of non-discrimination: in this field, Members encourage the Member States to consolidate the existing EU legal framework by working to adopt the proposed directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, including by clarifying the scope and associated costs of its provisions.
Non-discrimination in employment: Members called upon the Commission to include a specific focus on sexual orientation when monitoring the implementation of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and on gender identity when monitoring the implementation of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. It should also issue guidelines specifying that transgender and intersex persons are covered under 'sex' in Directive 2006/54/EC.
Equivalent initiatives were envisaged to protect the rights of LGBTI people in fighting discrimination in the areas of:
education: facilitating the sharing of good practices among Member States; health: access to health care, equality in health, and ensuring training curricula, health policies and health surveys take specific LGBTI health issues into account; access to goods and services: a specific focus on access to goods and services by transgender persons when monitoring the implementation of Directive 2004/113/EC .
Action specific to transgender and intersex persons : Members called for similar measures in the case of transgender and intersex persons. The Commission, Member States and relevant agencies should address the current lack of knowledge, research and relevant legislation on the human rights of intersex people
Citizenship, families and freedom of movement: Members asked that all the directives of relevance in the field should be respected for these persons and that the Commission should make proposals for the mutual recognition of the effects of all civil status documents across the EU , including registered partnerships, marriages and legal gender recognition, in order to reduce discriminatory legal and administrative barriers for citizens and their families who exercise their right to free movement. Member States which have adopted legislation on cohabitation, registered partnerships or marriage for same-sex couples should recognise similar provisions adopted by other Member States.
Freedom of assembly and expression : Members called on the Member States ensure that rights to freedom of expression and assembly are guaranteed, particularly with regard to pride marches and similar events , by ensuring these events take place lawfully and by guaranteeing the effective protection of participants.
The Commission should monitor and provide assistance to the Member States with regard to issues specific to sexual orientation, gender identity and gender expression when implementing Directive 2012/29/EU on the rights, support and protection of victims of crime, in particular when crimes are committed with a bias or discriminatory motive which could be related to the personal characteristics of the victims.
Member States should register and investigate hate crimes against LGBTI people, and a dopt criminal legislation prohibiting incitement to hatred on grounds of sexual orientation and gender identity.
Asylum: Members called on the Commission and Member States to ensure that asylum professionals, including interviewers and interpreters, receive adequate training - including existing training - to handle issues relating specifically to LGBTI persons. Member States should also ensure that the legal and social situation of LGBTI persons in countries of origin is documented systematically and that such information is made available to asylum decision-makers as part of Country of Origin Information (COI) .
Lastly, as regards enlargement and external action , Members called on the Commission, the European External Action Service, the EU Special Representative for Human Rights and Member States to systematically use the Council Guidelines to promote and protect the enjoyment of all human rights by LGBTI persons.
Documents
2013/12/17
EP - Vote in committee
2013/12/06
EP - Committee opinion
Documents
2013/11/19
EP - Amendments tabled in committee
Documents
2013/10/14
EP - Committee draft report
Documents
2013/09/12
EP - Committee referral announced in Parliament
2013/09/11
EP - CLIVETI Minodora (S&D) appointed as rapporteur in FEMM
2013/07/08
EP - LUNACEK Ulrike (Verts/ALE) appointed as rapporteur in LIBE
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T7-0062/2014
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A7-0009/2014
- Committee opinion: PE519.816
- Amendments tabled in committee: PE524.494
- Committee draft report: PE521.599
- Committee draft report: PE521.599
- Amendments tabled in committee: PE524.494
- Committee opinion: PE519.816
Activities
- Anni PODIMATA
Plenary Speeches (3)
- 2016/11/22 Homophobia and discrimination on grounds of sexual orientation and gender identity (short presentation)
- 2016/11/22 Homophobia and discrimination on grounds of sexual orientation and gender identity (short presentation)
- 2016/11/22 Homophobia and discrimination on grounds of sexual orientation and gender identity (short presentation)
- Michael CASHMAN
- Krisztina MORVAI
- Jean-Pierre AUDY
Plenary Speeches (1)
- Nessa CHILDERS
Plenary Speeches (1)
- Iñaki IRAZABALBEITIA FERNÁNDEZ
Plenary Speeches (1)
- Ulrike LUNACEK
Plenary Speeches (1)
- Claudio MORGANTI
Plenary Speeches (1)
- Paul MURPHY
Plenary Speeches (1)
- Jaroslav PAŠKA
Plenary Speeches (1)
- Hubert PIRKER
Plenary Speeches (1)
- Nikolaos SALAVRAKOS
Plenary Speeches (1)
- Algirdas SAUDARGAS
Plenary Speeches (1)
- Davor Ivo STIER
Plenary Speeches (1)
- Britta THOMSEN
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Plenary Speeches (1)
Votes
A7-0009/2014 - Ulrike Lunacek - Am 1 #
2014/02/04 Outcome: -: 430, +: 149, 0: 52
EFD
ECR
NI
GUE/NGLA7-0009/2014 - Ulrike Lunacek - Am 2 #
2014/02/04 Outcome: +: 394, -: 176, 0: 72
| Amendments | Dossier |
| 76 |
2013/2183(INI)
2013/10/28
FEMM
31 amendments...
Amendment 1 #
Draft opinion Recital A (new) A. whereas, following case law, discrimination against transgender persons is defined under gender equality legislation but as regards social movement and civil society organisations they fall within the scope of the LGBTI movement instead of the gender equality movement;
Amendment 10 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that lesbians often suffer discrimination on a multiple basis (for being women and for being lesbians) and that actions in support of equality for LGBT persons must go hand in hand with actions for equality for women and girls in order to achieve equality, non- discrimination and a life free from violence for lesbians;
Amendment 11 #
Draft opinion Paragraph 3 3. Highlights the need to promote policies and practices aimed at combating discrimination based on sexual orientation or gender identity, and to promote policies to foster diversity in the workplace,
Amendment 12 #
Draft opinion Paragraph 3 3. Highlights the need to promote policies and practices aimed at combating discrimination based on sexual orientation or gender identity, and to promote policies to foster diversity in the workplace, together with initiatives which encourage the full inclusion and respect of LGBTI staff in the work environment;
Amendment 13 #
Draft opinion Paragraph 3 a (new) 3a. Underlines that reproductive choices and fertility services should be provided to LGBT persons in a non-discriminatory framework;
Amendment 14 #
Draft opinion Paragraph 3 b (new) 3b. Underlines that sexual education must include non-discriminatory information and convey a positive view of LGBTI persons, in order to underpin and protect in an effective manner the rights of young LGBTI people;
Amendment 15 #
Draft opinion Paragraph 4 4. Underlines the need to emphasise in the education and training of social and health care professionals the importance of respecting the dignity of LGBTI people, as well as their specific health care needs and choices;
Amendment 16 #
Draft opinion Paragraph 4 4. Underlines the need to emphasise in the education and training of social and health care professionals the importance of respecting the dignity of LGBTI people, as
Amendment 17 #
Draft opinion Paragraph 4 4. Underlines the need to emphasise in the education and training of social and health care professionals by developing specific programmes as part of their curricula on the importance of respecting the dignity of LGBT people, as well as their specific health care needs and choices;
Amendment 18 #
Draft opinion Paragraph 4 a (new) 4a. Calls on EU Member States to take appropriate measures to ensure that transgender persons in particular have effective access to appropriate gender reassignment services, including psychological, endocrinological and surgical expertise in the field of transgender healthcare, without being subject to unreasonable requirements;
Amendment 19 #
Draft opinion Paragraph 4 a (new) 4a. Condemns the forced sterilisation of transgender persons, which still occurs in some Member States, and calls for an immediate end to this breach of human rights principles;
Amendment 2 #
Draft opinion Recital B (new) B. whereas transgender persons face severe discrimination based on gender in and outside the labour market, while in many Member States organisations involved in gender equality or dedicated to combating gender discrimination or handling individual complaints of gender discrimination are not accessible or do not possess adequate information and skills to further their interests or handle their complaints and those involved in the judicial chain are not properly equipped and informed to handle cases of gender discrimination against transgender persons;
Amendment 20 #
Draft opinion Paragraph 5 5. Calls on the Member States to take action to promote respect for and inclusion of LGBT people at school, prevent homophobic bullying and to foster objective knowledge on issues concerning sexual orientation and gender identity in schools and other educational settings;
Amendment 21 #
Draft opinion Paragraph 5 5. Calls on the Member States to take action to promote respect for and inclusion
Amendment 22 #
Draft opinion Paragraph 5 5. Calls on the Member States to take action to promote respect for and inclusion of LGBTI people at school and to foster objective knowledge on issues concerning sexual orientation and gender identity in schools and other educational settings; expresses concern that the young LGBTI people and those perceived as LGBTI are at an increased risk of being bullied; stresses the need to build a safe environment for all young people, irrespective of their gender, race or sexual orientation;
Amendment 23 #
Draft opinion Paragraph 5 5. Calls on the Member States to take action to promote respect for and inclusion of LGBT people at school and to foster objective knowledge on issues concerning sexual orientation
Amendment 24 #
Draft opinion Paragraph 6 6.
Amendment 25 #
Draft opinion Paragraph 6 6. Emphasises the need to recognise the parental rights of same-sex parents, individually or jointly, including their rights of guardianship and custody without discrimination on grounds of their sexual orientation or gender identity; urges the Member States, in accordance with EU rules, to recognise all forms of marriage, partnership and parenthood contracted elsewhere by those resident or working within their borders and calls on the Commission to take action against Member States that fail to comply; stresses that the parental rights of transgender persons should continue to be respected after legal recognition of their preferred gender;
Amendment 26 #
Draft opinion Paragraph 6 6. Emphasises the need to recognise same - sex marriages and the parental rights of same-sex parents, individually or jointly, including their rights of guardianship and custody without discrimination on grounds of their sexual orientation or gender identity; stresses that the parental rights of transgender persons should continue to be respected after legal recognition of their preferred gender;
Amendment 27 #
Draft opinion Paragraph 6 a (new) 6a. Invites Member States to reflect on ways to adapt their family law to today's changing family patterns and forms, and include the possibility for children to have more than two parents (legal guardians), as this would open up for increased recognition of rainbow families and LGBT families, as well as for recomposed families;
Amendment 28 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Member States to ensure access for single and lesbian women to fertility treatment and assisted reproduction;
Amendment 29 #
Draft opinion Paragraph 7 7. Underlines the need to respect the right of freedom of expression in practice by safeguarding the possibility of receiving and imparting information on issues related to sexual orientation and gender identity in any form of expression such as the press, publications, oral and written statements, the arts and the media
Amendment 3 #
Draft opinion Paragraph -1 (new) -1. Is concerned that the rights and interests of transgender persons are not properly addressed by civil society organisations nor equality bodies addressing gender equality; calls on Member States to specifically dedicate tasks regarding combating discrimination against transgender persons to publically funded civil society organisations and equality bodies and to ensure that those involved in the judicial chain are adequately equipped and informed to handle complaints of gender discrimination against transgender persons;
Amendment 30 #
Draft opinion Paragraph 7 a (new) 7a. Highlights the significant lack of data and research on the problems facing LGBTI people, the scale of problems and the way in which those problems are being addressed; points out that such information is crucial to develop appropriate policy and prioritising action, calls on the EU and the Member States to address this problems and to act accordingly;
Amendment 31 #
Draft opinion Paragraph 7 a (new) 7a. Encourages Member States to ensure that relevant quantitative data in the form of regular surveys on prevalence of abuse and victimisation of LGBTI people are gathered and analysed;
Amendment 4 #
Draft opinion Paragraph -1 (new) -1. Calls on the Commission and the committees in the European Parliament to mainstream issues concerning transgender persons in their work, such as in the fields of civil rights, health care, education and employment;
Amendment 5 #
Draft opinion Paragraph 1 1. Emphasises the need to comply with and secure the principle of equality among people, irrespective of their gender, gender identity and gender expression, race or sexual orientation;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Highlights the invisibility of intersex people in European and national legislation and the lack of knowledge and research in this area; calls, in this context and in particular with respect to gender identity, for efforts in making equality legislation work to be stepped up;
Amendment 7 #
Draft opinion Paragraph 2 2. Calls on the Member States to ensure that lesbian, gay, bisexual and transgender
Amendment 8 #
Draft opinion Paragraph 2 2. Calls on the Member States to ensure that lesbian, gay, bisexual and transgender (LGBTI) people are protected from homophobic hate speech and violence, and that same-sex partners enjoy the same respect, dignity and protection as the rest of society; stresses the need to organise awareness-raising campaigns at national and European level regarding the rights of LGBTI people;
Amendment 9 #
Draft opinion Paragraph 2 2. Calls on the Member States to ensure that lesbian, gay, bisexual
source: PE-522.836
2013/11/19
LIBE
45 amendments...
Amendment 1 #
Motion for a resolution Citation 9 – having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013,
Amendment 10 #
Motion for a resolution Paragraph 4 – point B – point i (new) (i) Member States should consolidate the existing EU legal framework by working to adopt the proposed Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation , including by clarifying the scope and associated costs of its provisions;
Amendment 11 #
Motion for a resolution Paragraph 4 – point C – point i (new) (i) The Commission should include a specific focus on sexual orientation when monitoring the implementation of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and on gender identity when monitoring the implementation of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 12 #
Motion for a resolution Paragraph 4 – point C – point ii (new) (ii) Together with the relevant agencies, the Commission should issue guidelines specifying that transgender and intersex persons are covered under 'sex' in Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation,
Amendment 13 #
Motion for a resolution Paragraph 4 – point C – point iii (new) (iii) Equality bodies should be encouraged to inform LGBTI persons, as well as trade unions and employer organisations, about their rights;
Amendment 14 #
Motion for a resolution Paragraph 4 – point D – point i (new) (i) The Commission should promote equality and non-discrimination on grounds of sexual orientation and gender identity throughout its youth and education programmes,
Amendment 15 #
Motion for a resolution Paragraph 4 – point D – point ii (new) (ii) The Commission should facilitate the sharing of good practice in formal education, including teaching materials, anti-bullying and anti-discrimination policies, among Member States through the open method of coordination,
Amendment 16 #
Motion for a resolution Paragraph 4 – point D – point iii (new) (iii) The Commission should facilitate the sharing of good practice throughout Member States' youth and education sectors, including youth welfare services and social work, among Member States through the open method of coordination;
Amendment 17 #
Motion for a resolution Paragraph 4 – point E – point i (new) (i) The Commission should place LGBTI health concerns within relevant wider strategic health policies, including access to health care, equality in health, and the EU's global voice in health-related matters,
Amendment 18 #
Motion for a resolution Paragraph 4 – point E – point ii (new) (ii) The Commission should continue working within the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11),
Amendment 19 #
Motion for a resolution Paragraph 4 – point E – point iii (new) (iii) The Commission should support Member States in the training of health professionals,
Amendment 2 #
Motion for a resolution Recital C C. whereas in June 2013 the Council of the European Union adopted strong guidelines to promote and protect the enjoyment of all human rights by LGBTI persons
Amendment 20 #
Motion for a resolution Paragraph 4 – point E – point iv (new) (iv) The Commission and Member States should undertake research on health issues specific to LGBTI persons,
Amendment 21 #
Motion for a resolution Paragraph 4 – point E – point v (new) (v) Member States should take account of LGBTI people within national health plans and policies, ensuring training curricula, health policies and health surveys take specific LGBTI health issues into account,
Amendment 22 #
Motion for a resolution Paragraph 4 – point E – point vi (new) (vi) Member States should introduce or review legal gender recognition procedures so they fully respect transgender people's right to dignity and bodily integrity;
Amendment 23 #
Motion for a resolution Paragraph 4 – point F – point i (new) (i) The Commission should include a specific focus on access to goods and services by transgender persons when monitoring the implementation of Directive 2004/113/EC on implementing the principle of equal treatment between men and women in the access to and supply of goods and services;
Amendment 24 #
Motion for a resolution Paragraph 4 – point G – point i (new) (i) The Commission should ensure gender identity is included among prohibited grounds of discrimination in any future equality legislation, including any recasts,
Amendment 25 #
Motion for a resolution Paragraph 4 – point G – point ii (new) (ii) The Commission should mainstream issues specific to transgender and intersex people throughout the relevant EU policies, mirroring the approach adopted in the Gender Equality Strategy,
Amendment 26 #
Motion for a resolution Paragraph 4 – point G – point iii (new) (iii) Member States should ensure equality bodies are informed and trained about the rights and specific issues pertaining to transgender and intersex people;
Amendment 27 #
Motion for a resolution Paragraph 4 – point H – point i (new) (i) The Commission should produce guidelines to ensure the implementation of Directive 2004/38/EC on the right of Union citizens and their family members to move and reside freely within the territory of the Member States, and Directive 2003/86/EC on the right to family reunification, respect all forms of families legally recognised under Member States' national laws,
Amendment 28 #
Motion for a resolution Paragraph 4 – point H – point ii (new) (ii) The Commission should, as a priority, make proposals for the mutual recognition of the effects of all civil status documents across the EU, including registered partnerships, marriages and legal gender recognition, in order to reduce discriminatory legal and administrative barriers for citizens and their families who exercise their right to free movement,
Amendment 29 #
Motion for a resolution Paragraph 4 – point H – point iii (new) (iii) The Commission and Member States should study whether restrictions in place for the change of civil status and identity documents for transgender people harms their ability to enjoy their right to free movement,
Amendment 3 #
Motion for a resolution Recital D D. whereas the European Union already coordinates its action through comprehensive policies in the field of equality and non-discrimination through the ‘Framework strategy for non- discrimination and equal opportunities for all’, in the field of gender equality through the ‘Strategy for equality between women and men 2010-
Amendment 30 #
Motion for a resolution Paragraph 4 – point H – point iv (new) (iv) Member States which have adopted legislation on cohabitation, registered partnerships or marriage for same-sex couples should recognise similar provisions adopted by other Member States;
Amendment 31 #
Motion for a resolution Paragraph 4 – point I – point i (new) (i) Member States should ensure the rights to freedom of expression and assembly are guaranteed, particularly with regards to pride marches and similar events, by ensuring these events take place lawfully and by guaranteeing participants' effective protection,
Amendment 32 #
Motion for a resolution Paragraph 4 – point I – point ii (new) (ii) Member States should refrain from adopting laws and reconsider existing laws which restrict freedom of expression in relation to sexual orientation and gender identity,
Amendment 33 #
Motion for a resolution Paragraph 4 – point I – point iii (new) (iii) The Commission and the Council of the European Union should consider that Member States adopting laws to restrict freedom of expression in relation to sexual orientation and gender identity breach the values on which the European Union is founded, and react accordingly;
Amendment 34 #
Motion for a resolution Paragraph 4 – point J – point i (new) (i) The Commission should monitor and provide Member States assistance with issues specific to sexual orientation, gender identity and gender expression when implementing Directive 2012/29/EU on the rights, support and protection of victims of crime, in particular when committed with a bias or discriminatory motive which could be related to their personal characteristics,
Amendment 35 #
Motion for a resolution Paragraph 4 – point J – point ii (new) (ii) The Commission should propose a recast of the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law including other forms of bias crime and incitement to hatred, including on grounds of sexual orientation and gender identity,
Amendment 36 #
Motion for a resolution Paragraph 4 – point J – point iii (new) (iii) Together with relevant agencies, the Commission should facilitate Member States' exchange of good practice by Member States pertaining to the training and education of police forces, prosecution services, judges and victim support services among Member States,
Amendment 37 #
Motion for a resolution Paragraph 4 – point J – point iv (new) (iv) The Fundamental Rights Agency should assist Member States in improving their collection of comparable data about homophobic and transphobic hate crime,
Amendment 38 #
Motion for a resolution Paragraph 4 – point J – point v (new) (v) Member States should register and investigate hate crimes against LGBTI people, and adopt criminal legislation prohibiting incitement to hatred on grounds of sexual orientation and gender identity;
Amendment 39 #
Motion for a resolution Paragraph 4 – point K – point i (new) (i) Together with EASO and relevant agencies, and within the remit of existing EU legislation and jurisprudence, the Commission should include specific issues linked to sexual orientation and gender identity in the implementation and monitoring of asylum legislation, including Directive 2013/32/EU on common procedures for granting and withdrawing international protection, and Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection,
Amendment 4 #
Motion for a resolution Recital H H. whereas in May 2013 eleven Equality Ministers5 called on the Commission to issue a comprehensive EU policy for LGBT equality, and ten Member States
Amendment 40 #
Motion for a resolution Paragraph 4 – point K – point ii (new) (ii) Together with relevant agencies, the Commission and Member States should ensure encourage adequate training— including existing training—for asylum professionals are trained adequately, including interviewers and interpreters to handle issues related specifically to LGBTI persons,
Amendment 41 #
Motion for a resolution Paragraph 4 – point K – point iii (new) (iii) Together with EASO and in cooperation with the EEAS, the Commission and Member States should ensure that the legal and social situation of LGBTI persons in countries of origin is documented systematically and that such information is made available to asylum decision-makers as part of Country of Origin Information (COI);
Amendment 42 #
Motion for a resolution Paragraph 4 – point K – point iv (new) (iv) Together with EASO, the Commission should propose guidelines on how best to ensure the safety of LGBTI persons, who have applied for asylum and are staying in one of the Member States' reception centres, so that they do not become victim of discrimination, intimidation or violence.
Amendment 43 #
Motion for a resolution Paragraph 4 – point L – point i (new) (i) The Commission should continue its current monitoring of issues linked to sexual orientation and gender identity in accession countries,
Amendment 44 #
Motion for a resolution Paragraph 4 – point L – point ii (new) (ii) The Commission, the European External Action Service, the EU Special Representative for Human Rights and Member States should systematically use the Council Guidelines to promote and protect the enjoyment of all human rights by LGBTI persons, and maintain a unified position when responding to violations of these rights,
Amendment 45 #
Motion for a resolution Paragraph 4 – point L – point iii (new) (iii) The Commission and the European External Action Service should provide information obtained from EU delegations on the situation of LGBTI persons in third countries to the European Asylum Support Office and Member States;
Amendment 5 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that this should be without prejudice to the freedom to express and display one’s beliefs and opinions in keeping with the principle of pluralism of ideas, provided that this does not incite hatred, violence or discrimination;
Amendment 6 #
Motion for a resolution Paragraph 4 4. Calls on the European Commission, Member States and relevant agencies to work jointly on a comprehensive multiannual policy to protect the fundamental rights of LGBTI people
Amendment 7 #
Motion for a resolution Paragraph 4 – point A – point iii (iii) Relevant European Union agencies, including the European Union Agency for Fundamental Rights (FRA), the European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Police College (CEPOL), the European Union's Judicial Cooperation Unit (Eurojust), the European Judicial Network (EJN) and the European Asylum Support Office (EASO), should mainstream issues related to sexual orientation and gender identity in their work, and continue to provide the Commission and Member States with evidence-based advice on the fundamental rights of LGBTI people;
Amendment 8 #
Motion for a resolution Paragraph 4 – point A – point iv (iv) T
Amendment 9 #
Motion for a resolution Paragraph 4 – point A – point v (v) Together with relevant agencies, the Commission and Member States should
source: PE-524.494
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History
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