WRITTEN QUESTION E-4142/00

by Lousewies van der Laan (ELDR) to the Commission

(16 January 2001)

Subject: Protection of homosexuals in Romania

Is the Commission prepared, as a matter of urgency, to draw the attention of Romania's newly elected President Iliescu to the fact that Article 200 of the Penal Code (discrimination against homosexuals) is still in force?

Will the Commission make it clear to the Romanian President that the EU makes Romania's accession to the European Union conditional on the repeal of Article 200 of the Penal Code?

What projects is the EU funding in the candidate countries to counteract prejudice and discrimination against homosexuals?

Answer given by Mr Verheugen on behalf of the Commission

(12 March 2001)

Article 200 of the Romanian Penal Code states that specified homosexual activities shall be punished by imprisonment from between one to seven years. The Commission has raised this issue with the Romanian government on several occasions and has expressed the opinion that this represents a violation of human rights. In response to these and other representations the government included an amendment to the Penal Code, amongst a broader package of reforms to the legal system, that would effectively decriminalise homosexuality. The amendment was passed by the Romanian Chamber of Deputies during the course of last year but has not yet been passed by the Senate. Under such circumstances the existing legislation remains in force. Following the recent elections, the new government has not yet announced its intentions with regard to these legal reforms.

The issue of non-discrimination is one to which the Union attaches considerable importance.

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(1) establishes a general principle of prohibition of any direct or indirect discrimination based, inter alia, on sexual orientation. Council Decision of 27 November 2000 establishing a Community action programme to combat discrimination (2001-2006) (2000/750/EC)(3) puts into practice a strategy for combating all forms of discrimination on different grounds, including sexual orientation. This programme is open to participation by the candidate countries, in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils.

Together, these measures will constitute a comprehensive basis for action to fight against discrimination on grounds of sexual orientation, providing a minimum level of legal rights, supported by practical action to promote the effective application of those rights on the ground.

In addition, the principle of non-discrimination is explicitly dealt with by Article 21 of the Union Charter of Fundamental Rights proclaimed on 7 December 2000(2), which states that any discrimination based on any ground such as sexual orientation [inter alia] shall be prohibited. These principles not only reflect the basic principles of the Union, but also the basic principles that new Member States will be expected to accept upon accession.

Furthermore, the criteria for accession to the Union, as set out at the 1993 Copenhagen meeting of the European Council, make explicit reference to the need for stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. The Commission is fully committed to ensuring that this condition for accession is respected and will take up cases of human rights abuses in its regular reports on candidate countries' progress towards accession and in its bilateral relations with them.

With regard to financial support, the guidelines for PHARE implementation provide for financial and technical assistance to be given to non-governmental organisations with a view to supporting the inclusion and participation of individuals or groups being socially, economically or politically marginalised due to sexual orientation. However, to date, no funding has been allocated to projects in this specific field.

(1) OJ L 303, 2.12.2000.

(2) OJ C 364, 18.12.2000.

(3) OJ L 303, 2.12.2000.