The European Parliament has adopted a Report on the Situation of Fundamental Rights in the EU that urges member states to recognize same-sex unions that are valid in the countries where the status was granted and to grant asylum to persons fleeing persecution based on sexual orientation. However, it does not have the force of law.
Complied by the European Parliament's Committee on Civil Liberties,
Justice and Home Affairs, it contains recommendations on issues such as
poverty, homelessness, xenophobia, the treatment of Roma people and the
application of anti-discrimination laws throughout the EU. It was approved on January 14 by 401 votes in favor, 220 against and 67 abstentions.
In the section addressing sexual orientation issues, the report:
72. Takes the view that discriminatory comments against homosexuals
by social and political leaders fuel hatred and violence, and calls on
the relevant governing bodies to condemn them;
73. Welcomes the publication of the first thematic report by the
Fundamental Rights Agency, drawn up at Parliament’s request, on Homophobia and discrimination on grounds of sexual orientation in the EU Member States
and asks to Member States and EU institutions to urgently follow the
Agency's recommendations or state their reasons for not doing so;
74. Reminds all Member States that, in line with European Court of
Human Rights case-law, freedom of assembly may be exercised even if the
opinions of those exercising that right go against the majority, and
that, accordingly, a discriminatory ban on marches and any failure to
meet the requirement to give appropriate protection to those taking
part breach the principles guaranteed by the European Court of Human
Rights, by Article 6 of the EU Treaty on common EU values and
principles, and by the Charter;
75. Calls on those Member States who have adopted legislation on
same-sex partnerships to recognise provisions with similar effects
adopted by other Member States; calls on those Member States to propose
guidelines for mutual recognition of existing legislation between
Member States in order to guarantee that the right of free movement
within the European Union for same-sex couples applies under conditions
equal to those applicable to heterosexual couples;
76. Urges the Commission to submit proposals ensuring that Member
States apply the principle of mutual recognition for homosexual
couples, whether they are married or living in a registered civil
partnership, in particular when they are exercising their right to free
movement under EU law;
77. Calls on those Member States who have not yet done so, and in
application of the principle of equality, to take legislative action to
overcome the discrimination experienced by some couples on the grounds
of their sexual orientation;
78. Calls on the Commission to make sure that Member States grant
asylum to persons fleeing from persecution on the grounds of their
sexual orientation in their country of origin, to take initiatives at
the bilateral and multilateral level to stop the persecutions of
persons on the basis of their sexual orientation, and to launch a study
on the situation of trans-sexual people in the Member States and
candidate countries, with regard inter alia to the risk of harassment
and violence.
Source: Pink News
UPDATE: The Alliance Defense Fund submitted a legal memorandum to the European Parliament urging members to reject this report. It's another sign of the extent to which ADF is expanding its operations beyond U.S. borders.
Recent Comments