WRITTEN QUESTION E-0362/98

by María Sornosa Martínez (GUE/NGL) to the Commission

(24 February 1998)

Subject: Discrimination on the basis of sexual orientation in Spain

The Spanish airline Iberia has discriminated against one of its workers - denying the individual in question the discounts and advantages their partner could benefit from - on the grounds of the worker's homosexuality. The company's collective agreement grants these rights both to married and to de facto couples, but this particular case has been excluded. The worker concerned has appealed to the European Court of Human Rights.

Other cases of discrimination on the grounds of sexual orientation exist in Spain, such as the case currently before the courts concerning a homosexual man who lived with his partner for nine years and is claiming a widower's pension.

Social collectives, political parties and trade unions are all calling for the adoption of a law on couples which will regularize the situation of thousands of homosexual and heterosexual couples. Last year, a bill on couples was tabled in the Spanish Congress and was narrowly rejected. The bill is currently blocked, while cases of social injustice on these grounds continue to arise in large numbers.

Article 13 of the Amsterdam Treaty (former Article 6a) states that "Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation".

The Commission:

1. Does it believe that the Treaty provisions are enough to protect the rights of homosexual European citizens, or is an extension of European legislation in this matter necessary?

2. Will it consider drawing up a directive specifically concerned with the rights of homosexuals to protect them against possible discrimination?

3. Would it consider launching a campaign to combat discrimination against homosexuals?

Answer given by Mr Flynn on behalf of the Commission

(3 April 1998)

1. The inclusion of Article 13 in the Amsterdam Treaty will provide a significant opportunity for strengthening the competence of the Community to take action to tackle discrimination based on a wide range of factors, including sexual orientation. The Commission is currently exploring the possibilities offered by Article 13 of the Amsterdam Treaty and its implications for Community policy.

2. The Commission will actively prepare the ground for the early use of Article 13 of the Amsterdam Treaty. At the present time the Commission is not in a position to give the Honourable Member a precise answer concerning the possible priorities, in terms of types of discrimination and specific actions. This question will depend very much on the outcome of the consultation process.

3. A wide debate on the possible application of the non-discrimination clause will be launched during 1998, to ensure broad consultation with all key actors on non-discrimination issues. As part of this process, the Commission is planning to organise or support a number of seminars and conferences at national and European levels. These conferences will cover all areas of discrimination including the area of non-discrimination based on sexual orientation. The Commission is not considering the launch of a specific campaign to combat discrimination against homosexuals.