ILGA-Europe welcomes European Parliament resolution on free movement

The European Parliament today adopted a non-binding resolution, which urges the European Commission and members states to fully implement the Free Movement Directive.

On the rights of LGBTI people specifically, the resolution on protection and non-discrimination with regard to minorities in the EU Member States (2017/2937(RSP)), inter alia:

• Encourages the Commission to take more resolute steps to combat LGBTI discrimination and homophobia, including concrete legislative measures, while respecting the competences of Member States; recommends monitoring LGBTI rights and providing clear and accessible information on the recognition of cross-border rights for LGBTI persons and their families in the EU; considers that Member States should duly invest in providing targeted education at different stages in order to prevent bullying and combat homophobia in a structured manner;
• Urges the Commission to ensure that Member States correctly implement the Free Movement Directive, consistently respecting, inter alia, the provisions related to family members and prohibiting discrimination on any grounds; and
• Calls on the Commission to take action in order to ensure that LGBTI individuals and their families can exercise their right to free movement in accordance with both Article 21 of the TFEU and Article 21 of the EUCFR.

The Free Movement Directive gives citizens of the EU’s 28 member states the right to free movement across the European Union. This includes their direct family members, children and spouse. In practice, however, spouses are often denied this right.

A spokesperson for ILGA-Europe said: “We welcome the Parliament’s resolution and call on all Member States to ensure that the rights of LGBTI people and their rainbow families to free movement across the EU are respected and upheld. We hear of too many cases where the free movement rights are restricted or denied.”

ILGA-Europe published ‘Lesbian, Gay, Bisexual and Transgender Families and the Free Movement Directive: Implementation Guidelines’, which are available online.