LGBTI activists create a Twitter storm for EU infringement procedures against Poland over so called ‘LGBT-free Zones’
ILGA-Europe launched an-hour long Twitter Storm demonstration on February 11, calling on the European Commission to take infringement procedures against Poland, making the Polish-based hashtag #infringementNOW trend
An online action, created by Brussels-based ILGA-Europe in association with the Polish LGBTI rights organisation Campaign Against Homophobia (KPH), has been supported by many politicians, MEPs, diplomats, political party groups, NGOs and human rights defenders from all around the EU and the world.
Other words like #Polish and #Poland were also among the trending topics between 9 and 10 AM in Belgium, which coincided with the European Parliament’s plenary sessions. The hashtag #infringementNOW had more than 2,000 mentions in an hour-long Twitter demonstration.
The action was created to support to a 30-day long campaign by KPH, which has been calling on the EU to initiate an infringement procedure against Poland for violating EU directives with so-called ‘Family Charters’ and ‘LGBT Free Zones’, which over 100 Polish local governments have adopted over the last two years.
https://cdn.embedly.com/widgets/media.html?type=text%2Fhtml&key=a19fcc184b9711e1b4764040d3dc5c07&schema=twitter&url=https%3A//twitter.com/ILGAEurope/status/1359777741055393792&image=
Last September, ILGA-Europe, together with KPH and Poland’s Fundacja Równości (The Equality Foundation), submitted a legal complaint to the European Commission about so-called ‘Family Charters’ and ‘LGBT Free Zones’. The complaint sets out how these declarations introduce discrimination against LGBTI people and thus breach the European Council Directive (2000/78/EC), establishing a general framework for equal treatment in employment and occupation, as well as the Charter of Fundamental Rights Article 15 on Freedom to choose an occupation and right to engage in work, and Article 21 on non-discrimination.
The campaign is not over!
Until the European Commission takes infringement procedures against Poland, let’s keep calling on it to take action. Tweet this message, and ask your followers and other stakeholders to tweet it also:
Time 4 #infringementnow against Poland 4 violating fundamental rights of EU citizens & disregarding EU treaties with so-called ‘LGBT-Free Zones’ & ‘Family Charters’. EC President @vonderleyen, what’s holding the @EU_Commission back from taking action? @helenadalli @VeraJourova
You can find an image to include with your tweet here.
For inspiration, take a look at what happened during our Twitter-storm demonstration:
Many activists tweeted #infringementnow!
Human Rights organisations also joined the call
Members of the European Parliament called the European Commission to take action.
Help us create a Twitter Storm calling on the European Commission to hold Poland to account for its treatment of LGBTI people!
On Feb 11, as the current KPH campaign draws to an end, we would like to create a Twitter storm to get the hashtag #infringementNow trending, asking why the EU Commission has not taken infringement procedures against Poland yet. Here is how you can help create this important moment.
For the past 30 days, Polish LGBTI organisation, Campaign Against Homophobia (KPH) has been tweeting to EU commissioners one story of an LGBT person living in Poland, showing how LGBT-free zones affect their lives. The goal of the campaign is to bombard EU commissioners with stories of people from the LGBT community, indicating the necessity for the EU to initiate an infringement procedure against Poland.
Last September, ILGA-Europe together with KPH and Poland’s Fundacja Równo?ci (The Equality Foundation) submitted a legal complaint to the European Commission about so-called Family Charters and LGBT Free Zones, which over 100 Polish local governments have adopted over the last two years. The complaint sets out how these declarations introduce discrimination against LGBTI people and thus breach the European Council Directive (2000/78/EC), establishing a general framework for equal treatment in employment and occupation, as well as the Charter of Fundamental Rights Article 15 on Freedom to choose an occupation and right to engage in work, and Article 21 on non-discrimination.
On Feb 11, as the current KPH campaign draws to an end, we would like to create a Twitter storm to get the KPH campaign hashtag #infringementNow trending, asking why the commission has not taken infringement procedures against Poland yet.
Here is how you can help create this important moment.
You can easily schedule your message on Twitter now, so that it appears on Feb 11 between 9am and 10am CET (Central European Time).
Here’s how to do it:
- Click here to create your tweet automatically so you can join our storm: https://ctt.ac/Hfvc6
- Schedule your tweet for February 11th, between 9am and 10am CET.
- To schedule your Tweet to be sent at a later date/time, click on the calendar icon at the bottom of the compose box and make your schedule selections, then click Confirm. To access your drafts and scheduled Tweets, click on Unsent Tweets from the Tweet compose box.
- Download our proposed image if you want to add it on your tweet:
“If You Are Parent in One Country, You Are Parent in Every Country”: But still today a child can be stateless in the EU just because it has two mothers
A baby born to two mothers, one from Gibraltar and one from Bulgaria, has become a test case at the European Court of Justice for the freedom of movement of rainbow families in the EU. Read on and find out how to join our campaign for parents without borders!
Born in the EU, Sara is the daughter of a Gibraltar-born mother and a Bulgarian mother. Under EU rules, baby Sara is a Bulgarian citizen. However, Bulgarian authorities do not believe that a child can have two mothers and have denied citizenship to Sara, putting her at risk of statelessness. The Court of Justice of the European Union in Luxembourg will hear Baby Sara’s case on February 9. It is a unique opportunity for the court to take a stand in support of rainbow families and their right to free movement.
“If you are parent in one country, you are parent in every country” said Ursula von der Leyen, President of the European Commission, in her address of the State of the Union in September 2020. However, this is not the reality for many rainbow families, and it has certainly not been the case for baby Sara and her parents so far. Through this case, the Court of Justice of the European Union (CJEU) has the chance to help make President von der Leyen’s words a reality for all families in the EU.
The story of Baby Sara’s family
Kalina* and Jane* got married in 2018 in Gibraltar, Jane’s birthplace. Kalina is from Bulgaria, a member state of the EU. Because it is part of the United Kingdom, since January 1 of this year, Gibraltar has exited the EU.
Baby Sara was born in December 2019 in Spain. Like Bulgaria, Spain is a member state of the EU. Sara’s birth certificate lists Kalina and Jane as her mothers. However, under the national laws of Spain and the UK, Sara could not become a citizen in either country. Not in Spain, because neither of her mothers have Spanish citizenship, and not in the UK, as Jane, who was born of British parentage in Gibraltar, could not transfer British citizenship to Baby Sara, who was born outside the UK.
Therefore, Kalina requested Bulgarian citizenship for their child. Bulgarian authorities rejected the application, arguing that a baby cannot have two mothers, and refused to issue a birth certificate in which the parents are two persons of the same sex. In Bulgaria, same-sex marriages are not allowed. As a result, Sara has no personal identification documents and cannot leave Spain, where the family currently lives.
In the long run, Sara is at risk of statelessness. Without documents, she will not be able to attend school. Kalina lodged a claim against Bulgarian authorities before the Administrative Court of Sofia, which in turn referred four questions to the CJEU asking for clarification. The CJEU will hold a hearing in this case on February 9 by the Grand Chamber, composed of 15 judges.
Why the court should judge in Baby Sara’s favour
“All EU citizens and their families have the right to enjoy freedom of movement,” says Arpi Avetisyan, Head of litigations at ILGA-Europe. “Article 21 of the Treaty on the Functioning of the European Union states that all EU citizens and their family members have the right to move and reside freely within the EU. Through this case, the CJEU has the opportunity to clarify that parentage established in one member state must be recognised across the EU.
“In 2018, the CJEU delivered a judgement on the Coman case, saying that the definition of ‘spouse’ in EU law on freedom of movement includes same-sex couples. Therefore, “arguments on ‘constitutional identity’, namely that Bulgaria does not recognise rainbow families, cannot justify a violation of EU law.”
Severe obstacles for children
Unfortunately, Sara’s situation is not an isolated case. According to Arpi, it is representative of what many rainbow families experience across the EU. “Parents cease to exist when moving from one EU country to another, where birth certificates from another member state are not recognised. These situations create severe obstacles for children in exercising the rights to which they are entitled under European and international law. Among others, the Convention on the Rights of the Child (CRC) is violated, restricting access to education, healthcare, and social security.”
The CJEU must clarify that if you are a parent in one EU country, you are a parent in every EU country. Help make this a reality by joining our #parentswithoutborders campaign!
Share this gif on your social media, with the message:
Authorities in #Bulgaria are not recognising the valid #EU birth cert of the child of a same sex couple. On Feb 9 the CJEU must clarify that if you are a parent in one EU country, you are a parent in every EU country #ParentsWithoutBorders
Click below to instantly tweet this message!
Authorities in #Bulgaria are not recognising the valid #EU birth cert of the child of a same sex…
*Names have been changed
The Frontline: 2020 – The EU & LGBTI Equality in an Extraordinary Year
In March 2020, when the COVID-19 pandemic went global, we worried that equality would slip off EU agendas as lockdowns and an unprecedented economic crisis took hold. In this episode of The Frontline, we look back at the extraordinary year that was 2020, and the engagement of the EU in LGBTI equality issues, exacerbated during the coronavirus crisis.
Our Executive and Advocacy Directors, Evelyne Paradis and Katrin Hugendubel look back on what surprisingly turned out to be a successful year for EU engagement. Activists from ILGA-Europe member organisations in Slovenia and Hungary talk about the rise of ultra-right populism in both EU countries, Hungary’s slew of anti-LGBTI laws as the virus raged on, and their respective responses to EU institutional engagement and how it can go forward.
Members of the EU Parliament’s LGBT Intergroup, MEP’s Terry Reintke (Greens/EFA, Germany) and Maria Walsh (EPP, Ireland) give an inside view on the year gone by, and reflect on a challenging first year for the new Intergroup. It all adds up to a comprehensive look at the EU and its engagement in equality, in a Europe where LGBTI rights have become a sharp dividing line.
Listen below or click here to listen and subscribe to The Frontline on your favourite podcast platform.
EU shifts gear with adoption of LGBTIQ Equality Strategy
The publication today of a five-year EU LGBTIQ Equality Strategy marks a qualitative shift from the European Commission towards playing its full role to defend and protect LGBTI rights in times of real backlash, says Europe’s largest LGBTI umbrella organisation, ILGA-Europe.
Today, the European Commission (EC) Vice-President Vera Jourova and Equality Commissioner, Helena Dalli published the Commission’s ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’, following President Ursula von der Leyen’s strong commitment to LGBTI rights in her State of the Union speech in September.
According to the Strategy, the European Union “has to be at the forefront of efforts to better protect LGBTIQ people’s rights,” at a time when “discrimination on the grounds of sexual orientation, gender identity/expression and sex characteristics is actually increasing in the EU” and there is a “worrying trend in parts of the EU of more frequent anti-LGBTIQ incidents such as attacks on LGBTIQ public events including Pride marches, so-called declarations of LGBTIQ ideology free zones… and the rise of the anti-gender (and anti-LGBTIQ) movement.”
According to ILGA-Europe, an umbrella organisation for over 600 LGBTI organisations across the region, the Strategy marks the beginning of a new approach in the European Commission to LGBTI rights and equality.
Welcoming the Strategy, Katrin Hugendubel, ILGA-Europe’s Advocacy Director, said: “For the first time, the strategy sets out a clear work programme for a wide range of services in the European Commission in relation to LGBTI rights. It is committed to being true to the values set out in the EU treaties, both in areas where the EC has competencies, like for example proposing legislation to finally ensure that parents can move freely across member states without losing their parental status, to taking a leadership role in working with member states in areas where change needs to happen on national level, such as banning so-called “conversion therapies” and ensuring legal gender recognition procedures based on self determination. With its understanding that LGBTI rights are not niche issues but touch on all areas of life, the strategy clearly acknowledges the structural discrimination and marginalisation of LGBTI people.”
According to Evelyne Paradis, Executive Director at ILGA-Europe: “At the very core of this strategy is the understanding that if you are going to bring about profound change, it needs to be everyone’s business. Working alongside civil society, every political actor and department has their fundamental role to play. In order for this strategy to reverse backtracking and make the real progress it sets out to do, everyone must come on board with the same commitment to exercising institutional powers, across the board, in its implementation.”
Katrin Hugendubel continued: “With this strategy, the EC is finally using the full toolbox available, within its own competences and in working with member states, in assuming leadership in defending and advancing the rights of LGBTI people in Europe and beyond. The EC can play a significant role in making sure we continue to move closer to achieving equality for LGBTI people, especially in more challenging times. With this strategy, the Commission is equipping itself to do just that. We are looking forward to working with everyone at the Commission and other EU institutions to make sure the ambitions in the strategy translate into real change for LGBTI people across the EU and beyond.”
For further comment, please contact ILGA-Europe’s Media Office, Ana Muñoz Padrós at ana@ilga-europe.org or +32 493356055.
Poland is violating the fundamental rights of EU citizens and blatantly disregarding EU treaties and standards
The European Commission and member states are duty bound to hold Poland accountable to EU Treaties, asserts ILGA-Europe, alongside two Polish equality organisations, in a legal complaint citing the violation of fundamental rights of the EU by inciting hatred and discrimination against LGBTI people.
On Monday 14 September, ILGA-Europe together with Polish LGBT rights organisations KPH (Campaign Against Homophobia) and Fundacja Równo?ci (The Equality Foundation) submitted a legal complaint to the European Commission about so-called Family Charters and LGBT Free Zones, which over 100 Polish local governments have adopted over the last two years.
The complaint sets out how these declarations introduce discrimination against LGBTI people and thus breach the European Council Directive (2000/78/EC), establishing a general framework for equal treatment in employment and occupation, as well as the Charter of Fundamental Rights Article 15 on Freedom to choose an occupation and right to engage in work, and Article 21 on non-discrimination.
At the same time, many Polish LGBTI people have begun to write to the European Commission, often anonymously out of fear of further stigmatisation and hate, putting forward individual complaints about how they are being discriminated against in the cities that have declared themselves LGBT-free Zones and adopted Family Charters. Over 400 individual complaints were sent to the European Commission by LGBTI persons, sharing their fears for employment, health and life and their stories of discrimination in Poland.
With this complaint, ILGA-Europe and partners provide the legal analysis of how these Charters do not, as claimed by the Polish Prime Minister in a recent letter to the European Commission, protect Polish families, but instead put in place active discrimination against LGBTI people. Although there is no clear individual court case claiming discrimination in recruitment or employment at this point, the analysis shows clearly how the principles of Directive 2000/78/EC and the Charter of Fundamental Rights are being violated.
According to KATRIN HUGENDUBEL, Advocacy Director of ILGA-EUROPE: “The European Commission and Council can no longer remain silent in the face of such blatant violations of the principle of non-discrimination by a member state. Our legal analysis of the texts of the Family Charter clearly dismantles their discriminatory nature. The European Commission is duty-bound to answer the Polish Prime Minister’s letter, clearly rejecting the argument of “defending Polish families” and addressing the real harm that is being perpetrated on LGBTI people in Poland. EU law is being violated and the EC needs to start infringement procedures.”
According to MIKO CZERWI?SKI from FUNDACJA RÓWNO??: “Working in so-called ‘LGBT-free Zones’ we see what detrimental effect this is having on LGBTI people. They are losing their jobs or contracts, are excluded from local communities and are being violently attacked in their own cities. Fundacja Równo?? have also submitted complaints to the EC as we were denied access to an EU-funded cultural centre with the argument that we wanted to hold an “ideological event”, while a homophobic event was allowed to go ahead. The examples of discrimination and violence provided in all of the 400 individual complaints sent to the EC show how seriously Poland is violating fundamental rights.”
According to MIROS?AWA MAKUCHOWSKA from CAMPAIGN AGAINST HOMOPHOBIA (KPH): “LGBT people living in so-called ‘LGBT-free Zones’ cannot wait any longer. Hundreds of complaints have been sent to EC as fundamental rights are being violated on a daily basis. It’s high time for both EC and the Council to act – the citizens are calling for the immediate trigger of infringement procedure and to finally act under the Article 7(1) TEU procedure.”
Poland’s Family Charters are only one element in the hate campaign that Polish LGBTI people have been subjected to since 2018. In the country’s presidential elections earlier this year, President Andrzej Duda degraded and scapegoated the LGBTI community in his campaign for election victory. This included claims that LGBT people “are not people, but ideology” and “more destructive than communism”, among other attempts at dehumanisation and incitement of hatred and fear. In the 2020 ILGA-Europe Rainbow Map, which benchmarks European countries in terms of LGBTI rights, Poland became the lowest ranking EU country, having lost points because LGBTI human rights defenders have been increasingly at risk, authorities have taken active measures to undermine civil society associations, and there have been attempts to ban public events.
Last week, the Polish Commissioner for Human Rights, published his investigation of the arrests and detention of 48 LGBTI activists, which took place over the weekend of 7-9 August 2020, identifying degrading treatment, bordering on inhumane, in arrest and detention, and breaches of fundamental rights as set out in the Treaty and the Charter of Fundamental Rights, including mistreatment, the right to legal help, to inform a close person, to access to medical help, and the right to information.
KATRIN HUGENDUBEL concludes: “We have seen first actions by the European Commission in August, when Commissioner Dalli rejected six applications for town twinning projects by local governments who have declared themselves LGBT-free zones, but we need a more coordinated and holistic response, both from the European Commission and the European Council.
EC President, Ursula von der Leyen will address the Parliament with her State of the Union speech tomorrow, Wednesday morning. What state is the Union in when Member States are freely violating the fundamental rights of EU citizens, and the principles of non-discrimination as set out in the Treaty?”
Open Letter to President Ursula von der Leyen: keeping equality for all at the core amid the COVID-19 crisis
ILGA-Europe’s Executive Director, Evelyne Paradis calls the European Commission to prioritise minority and human rights. “The response to Covid-19 is bringing so many vulnerable people in our society into focus, and we cannot look away.”
Dear Commission President,
As the global Covid-19 crisis deepens, it is becoming abundantly clear that, beyond the economy, the consequences of governments’ measures to tackle the pandemic will also be profoundly social, and if not checked in a bold and timely fashion, will only further fuel existing inequalities in our societies.
As the European Commission is revising and re-prioritising its 2020 work programme, ILGA-Europe is urging you and the college of Commissioners to keep equality for all at the core of its policies.
How we respond to this public health crisis and the consequences on our economies will determine what our communities, our society, will look like once we emerge out of 2020. Rebuilding will not be and should not be about the economy only. This can and should be a watershed moment, a breaking point from which we choose to rebuild societies that are founded on a model of social justice and sustainability.
For this to happen, the European Commission needs to set out very clearly in its revised work programme how social, economic and financial measures designed to meet the challenges of the COVID 19 crisis, will be accompanied by measures tackling the inequalities and structural discrimination affecting marginalised communities.
The response to Covid-19 is bringing so many vulnerable people in our society into focus, and we cannot look away. It is the responsibility of the European Commission now to propose meaningful action on how to tackle the crisis of inequality that has become dramatically visible over the past few weeks.
Working in the LGBTI sector, ILGA-Europe is constantly being made aware of many heart-breaking situations emerging for those who are the most marginalised of an already marginalised group. Young LGBTI people are finding themselves trapped in hostile, locked-down family situations. Large numbers in the LGBTI community who are experiencing homelessness, particularly young people excluded from their families, are left unprotected by lockdowns, while the impact of Covid-19 on healthcare systems will have far-reaching effects for trans, intersex, and HIV positive-people. Meanwhile, LGBTI groups have to reinvent themselves as food banks for their communities, while financial and political pressures are quickly mounting on activist organisations and community groups, already raising concerns about the ability of many to survive this crisis.
Sadly, such experiences are shared by many marginalised and vulnerable populations at the moment. The experience of a young gay or trans person trapped in a household experience that is oppressive is shared with the experience of a woman who is stuck at home in an abusive relationship, or the experience of an older person who is living in containment with an abusive grown-up child. Beyond the people who are sick, tragically dying and their families, those most affected in Europe and around the world are the ones in precarious employment and with insecure incomes, with poor access to health care, without safe housing, from structurally marginalised communities, and undocumented migrants.
Taking concrete measures to promote equality – whether it is for LGBTI people, persons with disabilities, older people, young people, racialised minorities, gender equality, among many others – is a part and parcel of a successful recovery plan, and cannot be postponed.
If we do not address the effects this crisis is having on people’s mental health, how are we going to address the major fallout that is definitely coming down the line? If we do not ensure that equal access to health care and safe housing, how are we to ensure that public health measures will be as effective as needed to combat the pandemic? If we are not already looking at how increased social tensions in society is exacerbating the scapegoating of vulnerable groups, how are we going to counter governments who see this pandemic as an opportunity to strengthen authoritarian rule and undemocratic tendencies?
All of this needs to be part of our thinking now, and not once we’re out of this crisis.
Equality is not secondary to economies and it is not something to focus on only when we are no longer in crisis. A holistically healthy economy absolutely depends on solid structural equality. This is a crucial moment for the EU to prioritise minority and human rights, so that as we take positive steps to move out of this crisis and beyond, the fundamental principles of the European project are core, and not just perceived by governments and the people as an afterthought.
Yours sincerely,
Evelyne Paradis
Executive Director,
ILGA-Europe
FRA’s 2nd LGBTI Survey points to clear need for decisive and immediate action by the EU
There has been little progress in the lived experience of LGBTI people in Europe over the past seven years. This is a clear message coming out of the report on the EU’s Fundamental Rights Agency (FRA) 2nd LGBTI survey published yesterday.
The survey of 140,000 lesbian, gay, bisexual, trans and intersex (LGBTI) people reveals that, overall, more LGBTI people felt discriminated against in the previous year (43 %), compared to when the first survey was taken in 2012 (37 %). While the EU averages mask important differences between countries, it is clear that discrimination and inequality continue to be widespread across the European Union. The FRA report concludes that there’s “a long way to go for LGBTI equality,” with FRA Director Michael O’Flaherty calling on policy-makers “to take note and do more to actively promote full respect for rights of LGBTI people”.
Commenting on the report, Evelyne Paradis, ILGA-Europe’s Executive Director, said: “Combined with ILGA-Europe’s Rainbow Europe Map launched yesterday, we have a uniquely comprehensive picture of the state of affairs for LGBTI people in Europe, with data on the legal and policy landscape complemented by data about the lived reality of LGBTI people in Europe. The unmistakable conclusion is there are no more excuses for complacently believing that the work on LGBTI equality is done, anywhere in Europe.”
To complete the picture, the EU Commission published today the evaluation of its “List of actions to advance LGBTI equality,” the first ever Commission policy framework. The report reflects on the achievements and lessons learned over the past five years. In her remarks, Commissioner for Equality, Helena Dalli, states that her aim is to build on the success of the List of Actions by presenting an EU LGBTI+ strategy that will strengthen the Commission’s and Member States’ efforts to combat the discrimination of LGBTI+ people in the EU and beyond.
According to Katrin Hugendubel, Advocacy Director at ILGA-Europe: “We welcome Commissioner Dalli’s ongoing commitment to present an LGBTI equality strategy by the end of the year. Today’s Commission report is reconfirming that a strong strategic framework, with the highest level political support, gives the Commission the tools to have a meaningful impact. Now, thanks to the FRA survey, we also have solid evidence of the needs of LGBTI people in the EU, pointing to where concrete action is most needed to ensure equality. The case could not be stronger for why an EU LGBTI equality strategy is needed and why action is needed now.”
The FRA Survey, conducted prior to the start of the Covid-19 pandemic, already showed that over a third (37 %) of the respondents indicated having difficulties to make ends meet. As the public health crisis unfolds, the negative impact on LGBTI people’s health and well-being, physical and economic safety, is increasingly reported. This is further reinforcing the case for targeted measures to meet the needs of those most marginalised in society, in particular LGBTI people who experience homelessness, violence, unemployment and economic precarity.
Evelyne Paradis concludes: “Equality is not a luxury item, something we do when everything is going well. More than at any other time, it is in times of crisis that we need to take action to support those who are most marginalised and disadvantaged in our societies. LGBTI people in Europe need the EU to be a leader by placing equality at the core of its political agenda now more than ever.”
Background references:
ILGA-Europe has published “EU LGBTI STRATEGY 2020-2024 – Key EU legislative and policy initiatives for LGBTI rights in Europe and beyond”. This document presents concrete proposals of legislative and policy initiatives to be included in the EU LGBTI Strategy.
For comment, contact: Ana Muñoz Padrós, ILGA-Europe: ana@ilga-europe.org, +32 493 35 60 55
Critical time for the EU Commission to adopt a comprehensive LGBTI strategy
Europe is at a dangerous crossroads and that’s why this is a critical time for the Commission to adopt a comprehensive LGBTI strategy over the next five years, says ILGA-Europe, in advance of the Finnish Presidency conference on advancing LGBTI equality in the EU
On 23 September The Finnish Presidency of the Council of the European Union and the European Commission will host a high-level conference on Advancing LGBTI equality in the EU: from 2020 and Beyond, with speakers from Member States, the European Parliament, the European Commission and international NGOs. The debates and discussions of the conference will inform future policies aiming at advancing LGBTI equality in the EU.
The conference takes place at a time when the erosion of the human rights of LGBTI people along with the rise of anti-LGBT hate rhetoric in some EU countries is putting European democracy at risk and eroding core founding principles of the EU such as equality, freedom and human dignity. Over the last year, the Polish LGBTI community has been pulled into the middle of political confrontations that are stoking hatred, inciting violence and negatively impacting lives. In the run-up to the European elections and now Parliamentary elections in October, political actors from Poland’s leading Law and Justice (PiS) party – including government ministers – are carrying out a demonisation campaign against the LGBTI community whilst closely siding with conservative religious leaders.
The developments in Poland do not stand alone. In Europe and around the world, there has been a sharp rise in hate and divisiveness, often targeting marginalised groups such as LGBTI people, while in some countries regressive legislation is being introduced. In Bulgaria, the means for trans people to change their names or gender markers on official documents have been removed. In Croatia, government failed to renew action plans on equality.
Meanwhile, the governments of Bulgaria, Hungary and Turkey have failed to uphold fundamental civil and political rights such as freedom of assembly at LGBTI Pride events, freedom of association and protection of human rights defenders.
Anti-LGBTI discourse and legislation are increasingly entering the global political stage and influencing societies, propagated by populist leaders stoking fear and breeding intolerance for the sake of political gain. Politicians in the Bulgarian city of Plovdiv, one of this year’s European Capitals of Culture, campaigned to block an LGBT exhibition. Attacks by the far-right Vox party on LGBTI rights are testing years of political consensus on the issue in Spain, which in 2005 became only the third country in the world to allow same-sex marriage.
The rights and freedom of LGBTI communities is a litmus test of EU democracy and values, and upholding those rights and freedoms is core to fundamental EU values.
That is why it is vital at this critical time for the Commission to stand strong on fundamental rights and not let a minority of states erode and undermine EU values. Now more than ever it is time for the Commission to adopt a comprehensive LGBTI strategy that is wholly intersectional and consults with Parliament and civil society on how to mainstream LGBTI rights across its programmes for the next five years.
An EU LGBTI strategy, adopted and owned by the political leadership of the European Commission would give a very important political sign that the EU will not only continue but also strengthen its work on protecting and advancing the human rights of LGBTI people in the European Union. Also, it will help all Directorate Generals of the European Commission to feel empowered to ensure full implementation of existing commitments and to plan proposals and actions that will advance LGBTI human rights and equality.
A small number of governments may be pushing back on LGBTI rights and freedoms, and engaging in hateful rhetoric, but they threaten the larger body of states that are on the side of human rights at a critical time in Europe and the world.
Says Evelyne Paradis, Executive Director of ILGA-Europe: “The governments of some countries and other forces within the EU are overtly turning the tide on LGBTI and other minority rights, seeking to replace democracy and diversity with ‘traditional values’. Their voices may be loud, but we know that most member states want to see continual progress towards equality for LGBTI people in Europe.
“The rights and freedom of the LGBTI community are not separate from the rights and freedom of all who live in Europe, and the erosion of those rights is a marker for the erosion of all fundamental human rights. That is why now, more than ever, we need the next European Commission to adopt an EU-level LGBTI strategy.”
In attendance at the Advancing LGBTI equality in the EU: from 2020 and Beyond conference will be the following government representatives:
- Thomas Blomqvist, Minister for Nordic Cooperation and Equality, Finland
- V?ra Jourová, Commissioner for Justice, Consumers and Gender Equality
- Ingrid van Engelshoven, Minister for Education, Culture and Science, The Netherlands
- Terry Reintke, MEP, Co-President of the LGBTI Intergroup of the European Parliament, Greens/EFA (Germany)
- Roberta Metsola, MEP, EPP (Malta)
- Edward Zammit Lewis, Minister for European Affairs and Equality (Malta)
- Rosa Lopes Monteiro, Secretary of State for citizenship and equality, (Portugal)
- Jovana Trencevska, State Secretary (North Macedonia)
- Michael O´Flaherty, Director, Fundamental Rights Agency (FRA)
JOINT LETTER: swift transposition of the EU Work-Life Balance Directive
A coalition of European networks of NGOs, including ILGA-Europe, have written a joint letter to the EPSCO Council to urge the national governments to move towards swift transposition of the EU Work-Life Balance Directive after the 13 June meeting of the EPSCO Council.
Brussels, 12 June 2019
As the first legislative proposal to follow the proclamation of the European Pillar of Social Rights in November 2017, the Work-Life Balance Directive is an important stepping stone in the consolidation of existing rights and the establishment of new ones for millions of citizens, and as such, it must now be followed up with enforcement and monitoring.
We, a coalition of European networks of NGOs, urge the national governments to move towards swift transposition after the 13th June meeting of the EPSCO Council.
The transposition phase of this Directive will be of paramount importance, as it is a chance to discuss and to review national work-life balance policies to ensure they fulfil the needs of families in the 21st century, based on values of gender equality, social inclusion and non-discrimination, and boost investment and development of services.
We would like to highlight our key priorities for the future, to deliver a strong message and demonstrate to citizens that the EU works with and for them:
- Ensure adequate payment of family leaves: Adequate payment of leaves, regardless of the type of leave (paternity, parental, carers), is a key element to ensure non-discrimination of workers based on economic conditions of the family, to rebalance the gender uptake of the leaves and care responsibilities, and to address and prevent poverty of families. There are clear references in the Directive about the need to provide adequate income replacement for family leaves, and this should guide governments in their definition of “adequate”
- Boost investment in services to families as a complementary measure: Families need adequately paid leaves but they also rely on care services every day. Transposition of the Directive must be an opportunity to further develop early childhood education and care (accessible, affordable and high quality, below the age of 3), and long-term care (quality, person-centred, for persons in need of support and/or care and a stream of support for carers who have to leave the labour market). These services, especially in rural areas and marginalised communities, are crucial for people to reconcile the different aspects of their lives such as family, work, health, care, leisure, or education.
- Recognise the diversity of families and their needs: The Directive acknowledges family diversity, with the notion of “equivalent second parent”. We strongly encourage national legislators to insert this diversity into national legislation via the transposition of the Directive, providing a mix of universal support and targeted support to different families in vulnerable or special situations, many of whom are mentioned in the Directive: single parents, parents with a disability or parents of children with a disability, a mental health problem or long-term illness, adoptive parents, multiple births and premature births, persons in need of care and assistance who do not have any family member left. Family diversity also means recognising the different relatives who are family carers: not only children, parents, or spouse/partner or persons living in the same household (as indicated in the Directive) but also additional relatives, such as siblings and grandparents.
- Promote the use of EU funding programmes to support innovation and upward reforms: The European Structural and Investment Funds, and the post-2020 follow-up of these funds are important to support interventions, namely in the field of disability, health and long-term care, and early childhood education and care, which are extremely complementary to the leaves and flexible working arrangements covered by the Directive.
- Recognise the important role of civil dialogue and social dialogue: NGOs representing civil society groups concerned by the Directive must be consulted during the transposition process, and the social partners must be encouraged to secure collective agreements on Work-Life Balance to drive change in workplace culture.
- Bring family policies in line with new labour market realities: To be able to respond to the needs of families, leave provisions must be dissociated by the employment status or type of employment. All workers, including self-employed, workers with atypical or temporary contracts and unemployed must be entitled to the same rights as employees with standard contracts, to avoid further discrimination.
- Monitoring and reporting: There is a commitment in the Directive to close monitoring by the European Commission of the Directive implementation which requires Member States to collect data on the take-up of leaves and flexible working arrangements. This must include disaggregated data to take into account the needs of specific and vulnerable groups. The creation of a European Work-Life Balance Index and its incorporation in the European Semester process would be a powerful tool to improve the monitoring of Member States’ performance over time.
Register now for ILGA-Europe’s first webinar of the European elections series
The European Elections are approaching at a fast pace, and our campaign activities are picking up speed!
In February, ILGA-Europe launched the ComeOut campaign with the No Hate Appeal completing the campaign package. More than 100 candidates from 15 countries have already pledged to Come Out for human rights and LGBTI equality.
Now we are announcing the European elections series of webinars providing tools, inspirations and good practices to support LGBTI organisations’ work around elections.
On 5 April, ILGA-Europe will kick off the series with an interactive webinar on campaigning, agenda setting and alliance building for LGBTI activists focused on EU elections. We will look into the experience of activists around Europe and discuss strategies for reaching out to candidates, building alliances and for putting LGBTI rights on the agenda!
You will hear from activists from KPH (Poland), ILGA Portugal and COC Netherlands
The webinar will take place on Friday 5 April 2019 from 11.00 to 12.30 CEST (Central European Summer Time).
REGISTRATIONS CLOSED
For more information on our campaign and to get involved, follow our hashtag #ComeOut4EU
ILGA-Europe commends historical passing of two key LGBTI resolutions by European Parliament
Today the European Parliament adopted two lgbti resolutions clearly calling for a strong agenda for the protection and furtherment of LGBTI equality and human rights in the next European Commission’s term.
The passing of a resolution on the future of the LGBTI List of Actions unites the European Parliament with 19 member states, who in December signed a call initiated by the Maltese government calling for an EU LGBTI strategy for 2019 – 2024.
“In the current political climate where LGBTI strategy both in the Council and the European Parliament are challenged by a small but loud opposition, this strong call by the European Parliament for the European Commission to not sway but to ensure an even stronger commitment to work on LGBTI rights in the future, is very much needed”, says Katrin Hugendubel, Advocacy Director of ILGA-Europe.
The resolution clearly calls on the Commission to ensure that LGBTI human rights are given priority in its work programme for 2019-2024, and to develop a LGBTI strategy for its next term, in consultation with the European Parliament and civil society organisations.
The European Parliament reiterated one of the demands ILGA-Europe sets out in its ComeOut pledge campaign for the European Parliament elections, which was launched today.
“The last five years showed clearly that a strategic commitment such as the LGBTI list of actions allows the European Commission to be more ambitious in its work on progressing LGBTI equality. It is important to build on the progress of the list of actions in the next term,” notes Evelyne Paradis, Executive Director of ILGA-Europe.
Second resolution on intersex rights
A second historical resolution adopted today focuses on the human rights of intersex people. Here, the European Parliament is not only acknowledging the ongoing human rights violations intersex people still face in the EU today, but also sets out clearly what needs to be done both on national and EU level, such as ensuring protection against any form of discrimination under the ground “sex” and putting in place legislation that will finally ensure a protection of intersex people’s bodily integrity.
Addressing the first candidate signatories of the ComeOut pledge, Secretary of OII Europe Kitty Anderson said “When the resolution was announced, I got messages all over Europe from intersex activists saying they felt heard and protected.”
“This is a monumental step forward for the rights of intersex people and is something we can truly build on.”
“Intersex rights need to be clearly integrated into all work of the EU institutions in the future, and the future LGBTI strategy needs to set out clearly how the European Commission will work to ensure the full protection of intersex human rights, including supporting member states in putting in place legal protection of intersex people’s bodily integrity,” Paradis adds.
- Read more about the common paper prepared by the Maltese government and signed by 19 member states in December 2018, calling for continued efforts within the EU to ensure full protection of LGBTI rights.
- See OII-Europe and ILGA-Europe’s join statement from earlier today about the landmark resolution on the rights of intersex people.
- Yesterday evening in Strasbourg, candidates from all major EU political parties (EPP, S&D, ALDE, GUE/NGL, Greens-EFA) were the first to officially sign our Come Out Pledge. Read more about our brand-new campaign for the European Parliament elections here.
Joint paper from 19 Member States for an EU LGBTI strategy
Majority of EU member states clearly speak out that the EU needs to stand firm regarding the protection of the rights of LGBTI people.
Today, 19 EU member states signed a common paper prepared by the Maltese government, calling for continued efforts within the EU to ensure full protection of LGBTI rights. The paper called on the next European Commission to ensure strong follow-up of the current EC LGBTI list of actions and adopt a coherent EU LGBTI strategy.
The signatory countries of the paper are Malta, Czech Republic, Italy, France, Slovenia, Germany, Belgium, Luxembourg, Netherlands, Spain, Portugal, Greece, UK, Ireland, Finland, Sweden, Denmark, Estonia, and Cyprus.
In the EPSCO Council debate this afternoon, the signatory member states showed an immediate commitment to ensure that the EU lives up to obligations to protect LGBTI rights, refusing to accept to adopt Council Conclusions regarding “gender equality, youth and digitalization”, from which the Austrian Presidency had deleted a reference to LGBTIQ people on the request of Poland and Hungary.
“It was very reassuring today to see a majority of member states drawing a line and speaking out clearly and strongly about the fact that taking out a reference to LGBTIQ people as protected group is unacceptable.” said ILGA-Europe’s Executive Director Evelyne Paradis. “We would like to thank all member states who spoke out and stopped this attempt that would have marked a clear step backwards from EU treaty obligations and agreed text within the EU institutions. “
Over the last two years, Poland and Hungary several times explicitly called for the exclusion of LGBTI people from EU protection, both in the European Council and before the European Court of Justice.
“It was important that member states today were clear that this is unacceptable. As regrettable as it is, that this means that Council Conclusions could not be adopted, the EU cannot be taken hostage by 2 countries and be forced to dismantle agreed non-discrimination standards.” commented ILGA-Europe’s Advocacy Director Katrin Hugendubel.
ILGA-Europe will built on the support shown today and will continue to work with member states and the European institutions to ensure that all ground set out in the Charter of Fundamental Rights are equally protected in EU policymaking. A strong commitment from the EC in the form of an LGBTI strategy for the next mandate will be key to close protection gaps for LGBTI people.
Joint NGO Statement on the 10th Anniversary of the Horizontal Directive
Ten years on and nothing to show for the horizontal directive, say european ngo’s
On 2 July 2008, the European Commission proposed an important new anti-discrimination law.
This horizontal directive could ban discrimination on the grounds of religion or belief, disability, age or sexual orientation in all areas of social life, including education, housing, and access to goods and services.
But 10 years on, the directive that planned to introduce an EU-wide minimum level of protection against discrimination on all grounds listed in Art. 19 of European Treaties remains in cold storage.
ILGA-Europe and our NGO partners say that these legislative gaps need to be closed!
Signed by:
- AGE Platform Europe (AGE)
- The European Disability Forum
- The European Women’s Lobby (EWL)
- ILGA-Europe – the European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association.
- IGLYO- The International Lesbian, Gay, Bisexual, Transgender, Queer & Intersex (LGBTQI) Youth & Student Organisation
- Transgender Europe (TGEU)
Joint Statement: Deletion of equality principle from the EC proposal of CPR
Nine civil society organisations – including ILGA-Europe – have written to the Council of the European Union, the Commission and the European Parliament on the deletion of the equality principle from the European Commission draft proposal of the CPR and the exclusion of the references to accessibility for persons with disabilities in the draft European Social Fund+.
“We regret to hear that the equality principle has been deleted from the European Commission draft proposal of the CPR and that references to accessibility for persons with disabilities have not been included in the draft European Social Fund+ regulation.
It is within the EU funding principles to promote equality between women and men and combat all forms of discriminations.
We call for a horizontal principle on promotion of equality between men and women, accessibility for persons with disabilities and non-discrimination to be included in the Common Provisions Regulation (CPR) 2021-2027 and in all Funds specific regulations as it is now article 7 of the CPR 1303/2013. The principle should be taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation.”
Read the full statement here.
Signed by:
- Age Platform
- Coface Families Europe
- Eurochild
- European Disability Forum
- ENAR
- European Women’s lobby
- European Youth Forum
- IGLYO
- ILGA Europe
High-Level EU Group and List of Actions provide food for thought
Today, representatives from EU institutions met with human rights activists in Brussels. Our Executive Director Evelyne Paradis was at the High Level Group on Non-Discrimination, Equality and Diversity, and shared her thoughts after this afternoon’s discussions.
“Over the past two years, we have seen how the European Commission’s List of Actions for LGBTI equality have initiated important activities and cooperation by DG Justice. All of us – member states, the European Parliament, the European Commission and civil society – now need to plan for an even stronger engagement of the whole European Commission beyond 2019.
How can we do this?
As a first step, we need to become even better in coordinating between different initiatives of the Commission in the various DGs. Together, we need to ensure the full implementation and use of existing EU legislation that protects LGBTI rights. And, more than ever, we must ensure that there is direct support for the important work civil society is doing in difficult environments across member states defending human right and the rule of law.
In this context, we urge the EC to include a funding instrument to support civil society organisations working on human rights in EU member states, under the internal policy priority in its proposal for the next multiannual financial framework.
The debate with member states representatives, Commissioner Jourova and civil society organisations today (as part of the High-level group on non-discrimination, equality and diversity) was an important first step in ensuring that the List of Actions has an even stronger impact in the coming years.
ILGA-Europe looks forward to lots more similar occasions in 2018, where we can all come together and ensure even closer cooperation and increased impact, improving the lives of LGBTI people in the EU.”
- Download the European Commission’s latest report on the List of Actions here.
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.
ILGA-Europe’s response to the EC’s request for input regarding the implementation of Article 9 of Council Directive 2000/78/EC
This submission, collated by ILGA-Europe, includes various concerns regarding the implementation of Article 9 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. It also elaborates how the absence of class action and the NGO’s inability to pursue test cases without the identification of a victim limits the impact of the Directive.
In preparation towards this paper, ILGA-Europe launched a call to its EU-based member organisations to collect fresh evidence of inadequate implementation and we received responses from Austria, Germany, the Netherlands, Poland, Spain, Sweden and the United Kingdom with a varying level of detail. However, in spite of our best intentions, we were not in a position to prepare a paper which provides an exhaustive list of concerns and implementation breaches. This is due to many reasons, including the fact that in several countries NGOs are unable to represent victims of discrimination due to legal, administrative or other barriers, and also the fact that not all organisations have the required resources to represent cases adequately.
In view of this, we call on the European Commission to treat this paper as yet another source of evidence which is to be taken in conjunction with the various reports prepared by the EU Fundamental Rights Agency, reports prepared by the European Network of Legal Experts in the Non-Discrimination Field , the reports by the Council of Europe’s Commissioner for Human Rights , and the expected results from the EU Fundamental Rights Agency’s LGBT survey which will be launched in May of this year.
ILGA-Europe’s position on the Victims’ Rights Package
On the grounds of previous submissions and policy documents, ILGA-Europe believes that the Victims’ Rights package to be presented in May by the European Commission should include measures aiming at:
Reinforcing the existing EU legislation on the rights of victims by providing a clear definition of the concept of “vulnerable victim” that would include victims of bias crimes, on the basis of European and international instruments adopted by all Member States at the OSCE and at the Council of Europe;
Developing EU policies in order to define high European standards in the areas of data collection, support to victims and training of law enforcement officers, prosecutors and judges. These policies should take into account the role of civil society victim support organisations and include a strong focus on victims of bias violence and hatred.