July 16, 2008
Dear Ministers,
On behalf of Human Rights Watch, I write to urge your government’s support for the European Commission’s “Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.” As you are undoubtedly aware, European Union law presently bans discrimination based on sexual orientation only in employment. The proposed directive would protect against discrimination in other areas including social security, health care, education, and housing. It is a critical step towards realizing full enjoyment of rights in all EU states, and ensuring that no citizen of the Union enjoys less protection or less equality than others.
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The need for this directive, which includes sexual orientation as a prohibited ground for discrimination, has been clearly demonstrated. The European Parliament asked the European Union Agency for Fundamental Rights (FRA) in June 2007 to research a comprehensive report on homophobia and discrimination based on sexual orientation in Member States of the European Union. Established in February 2007, the FRA provides assistance and expertise to relevant institutions, bodies, offices and agencies of the community and all its Member States, when implementing Community law related to fundamental rights.
In its report ,“Homophobia and discrimination on grounds of sexual orientation in the EU member states, part I, legal analysis,” published in June 2008, the Fundamental Rights Agency concludes that only a comprehensive horizontal directive—one that would extend to all grounds of discrimination the protections that the Race Equality Directive (covering employment and training, education, social protection including social security and healthcare, social advantages, membership and involvement in organizations of workers and employers and access to goods and services, including housing) now limits to race alone–would effectively end existing inequalities and offer full protection in the spirit of the Charter of Fundamental Rights. As you know, article 21 of the Charter of Fundamental Rights prohibits any discrimination based on any ground, such as sexual orientation.
In its report the Fundamental Rights Agency stated:
The enforcement of the rights of LGBT persons requires much more than legislation and litigation. It calls for decisive action by policy makers at both European and national level to protect through concrete measures LGBT rights, ensuring that their right to complaint and seek redress from discrimination can be exercised effectively.
The European Parliament has also recognized the need for such protections. On May 20, 2008, the Parliament voted in favor of the Lynne Report, “Progress made in equal opportunities and non-discrimination in the EU.” This report called upon the European Commission to bring forward a single horizontal directive prohibiting discrimination on the grounds of sexual orientation, age, disability, and religion or belief.
Accordingly, on July 2, 2008, the European Commission adopted a proposal for a directive providing for protection from discrimination on grounds of sexual orientation, age, disability, and religion or belief beyond the workplace. This new directive will ensure equal treatment on those grounds in all those areas presently covered by the Race Equality Directive.
Human Rights Watch agrees with Commissioner Spidla, who stated while presenting the proposal that:
The right to equal treatment is fundamental, but millions of people in the EU continue to face discrimination in their everyday lives. At present, there is an inequality in Community legislation itself because people are protected from discrimination outside the workplace only on grounds of gender and race or ethnic origin. We must ensure equal treatment for all grounds.
Within the near future you and your government will have to decide whether to support the European Commission’s proposal or to reject it.
In all countries of the European Union discrimination on the grounds of sexual orientation and gender identity is still prevalent, albeit in some countries at a higher level than in others.
We welcome the fact that your government has already recognized this. On July 2, 2008, the 1031st meeting of the Committee of Ministers of the Council of Europe issued a press release reaffirming the Council’s strong attachment to the principle of the equal rights and dignity of all human beings, including lesbian, gay, bisexual and transgender persons. The press release also states: “The meeting recalled that the Council of Europe’s standards on tolerance and non-discrimination apply to all European societies and that discrimination on grounds of sexual orientation or gender identity is not compatible with these standards.”
At the 1031st meeting several decisions were taken with the approval of your government to combat the above mentioned discrimination. For example, all committees involved in intergovernmental co-operation are to take into account in their work the need for member states to avoid discrimination against lesbians, gays, bisexuals and transgender people and to make proposals for specific activities designed to strengthen their rights.
We urge you and your government to support the European Commission’s proposal for an EU directive providing protection from discrimination on grounds that include sexual orientation. With such an inclusive directive, a vital step will be taken to end discrimination against the millions of lesbian, gay, bisexual and transgender people living within the territory of the European Union- and in your country as well.
We thank you for your attention to this issue and look forward to your reply.
Sincerely,
Boris O. Dittrich,
Advocacy Director
Lesbian, Gay, Bisexual and Transgender Rights Program
Human Rights Watch
CC: Prime Ministers and Ministers of Foreign Affairs of EU Member States
