European Parliament resolution on homophobia in Europe
Date: 2006-01-18
Institutions: European Parliament
Subjects: anti-discriminatory measure, discrimination on the basis of sexual orientation, equal treatment, human rights

24.11.2006

EN

Official Journal of the European Union

C 287 E/179

Wednesday, 18 January 2006

18.
Expresses its belief that popular support is essential for a successful outcome in the fight against
terrorism; calls, therefore, on NATO and on Coalition forces to review rules of engagement and all
measures that might improve both security standards and the level of protection of the civilian population
affected by military action in combat areas, and to fully respect the Geneva Convention; calls on the USA
to close any secret ‘dark’ prison in the country;

Expresses deep concern about illegal drug production — as highlighted by the recent Afghan Opium
19.
Survey 2005 carried out by the UN Office on Drugs and Crime and in particular the latest statistics on
domestic heroin consumption — which could lead to an HIV/AIDS emergency in the region;

20. Draws attention to the extremely high costs and serious flaws in terms of effectiveness of a counter-
narcotics strategy based only on eradication and alternative livelihood and calls on the participants in the
above mentioned London Conference to take into consideration the proposal of licensed production of
opium for medical purposes, as already granted to a number of countries;

21.
Instructs its President to forward this resolution to the Council, the Commission, the Chair of the
London Conference, the government and Parliament of Afghanistan, the Secretaries-General of the United
Nations and of SAARC, and the governments of the USA, all SAARC countries, Russia, Iran, Uzbekistan,
Turkmenistan, Tajikistan and China.

P6_TA(2006)0018

Homophobia in Europe

European Parliament resolution on homophobia in Europe

The European Parliament,

— having regard to international and European human rights obligations, such as those contained in the
UN conventions on human rights and in the European Convention on Human Rights and Fundamental
Freedoms,

— having regard to provisions of EU law on human rights, notably to the Charter of fundamental rights

of the European Union (1), as well as to Articles 6 and 7 of the Treaty on European Union,

— having regard to Article 13 of the Treaty establishing the European Community, which invests the
Community with the power to adopt measures to combat discrimination based, inter alia, on sexual
orientation, and to promote the principle of equality,

— having regard to Council Directives 2000/43/EC of 29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin (2) and 2000/78/EC of 27 November
2000 establishing a general framework for equal treatment in employment and occupation (3), which
prohibit direct or indirect discrimination on grounds of racial or ethnic origin, religion or belief,
disability, age or sexual orientation,

(1) OJ C 364, 18.12.2000, p. 1.
(2) OJ L 180, 19.7.2000, p. 22.
(3) OJ L 303, 2.12.2000, p. 16.

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Wednesday, 18 January 2006

— having regard to paragraph 1 of Article 21 of the Charter of fundamental rights, which prohibits ‘[a]ny
discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features,
language, religion or belief, political or any other opinion, membership of a national minority, prop-
erty, birth, disability, age or sexual orientation’,

— having regard to Rule 103(4) of its Rules of Procedure,

A. whereas homophobia can be defined as an irrational fear of and aversion to homosexuality and to
lesbian, gay, bisexual and transgender (LGBT) people based on prejudice and similar to racism, xeno-
phobia, anti-semitism and sexism,

B. whereas homophobia manifests itself in the private and public spheres in different forms, such as hate
speech and incitement to discrimination, ridicule and verbal, psychological and physical violence, perse-
cution and murder, discrimination in violation of the principle of equality and unjustified and unrea-
sonable limitations of rights, which are often hidden behind justifications based on public order, reli-
gious freedom and the right to conscientious objection,

C. whereas a series of worrying events has recently taken place in a number of Member States, as widely
reported by the press and NGOs, ranging from banning gay pride or equality marches to the use by
leading politicians and religious leaders of inflammatory or threatening language or hate speech, failure
by police to provide adequate protection or even breaking up peaceful demonstrations, violent demon-
strations by homophobic groups, and the introduction of changes to constitutions explicitly to prohibit
same-sex unions,

D. whereas at the same time a positive, democratic and tolerant reaction has been shown in some cases by
the general public, civil society and local and regional authorities that have demonstrated against homo-
phobia, as well as by the redressing by judicial systems of the most striking and illegal forms of discri-
mination,

E. whereas same-sex partners in some Member States do not enjoy all of the rights and protections
enjoyed by married opposite sex partners and consequently suffer discrimination and disadvantage,

F. whereas at the same time more countries in Europe are moving towards ensuring equal opportunities,
inclusion and respect, and provide protection against discrimination on grounds of sexual orientation,
gender expression and gender identity, and recognition of same-sex families;

G. whereas the Commission has declared its commitment to ensuring respect for human rights and funda-
mental freedoms in the EU, and has set up a group of Commissioners responsible for human rights,

H. whereas not all Member States have introduced in their legal systems measures to protect the rights of
LGBT people, as required by Directives 2000/43/EC and 2000/78/EC, and not all Member States are
fighting discrimination based on sexual orientation nor promoting equality,

I. whereas further action is needed at EU and national levels to eradicate homophobia and promote a

culture of freedom, tolerance and equality among citizens and in legal systems,

1.

Strongly condemns any discrimination on the basis of sexual orientation;

2. Calls on Member States to ensure that LGBT people are protected from homophobic hate speech and
violence and ensure that same-sex partners enjoy the same respect, dignity and protection as the rest of
society;

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Wednesday, 18 January 2006

3. Urges Member States and the Commission firmly to condemn homophobic hate speech or incitement
to hatred and violence, and to ensure that freedom of demonstration — guaranteed by all human rights
treaties — is respected in practice;

4. Calls on the Commission to ensure that discrimination on the basis of sexual orientation in all sectors
is prohibited by completing the anti-discrimination package based on Article 13 of the Treaty either by
proposing new directives or by proposing a general framework covering all grounds of discrimination and
all sectors;

5. Urges Member States and the Commission to step up the fight against homophobia through educa-
tion, such as campaigns against homophobia in schools, in universities and in the media, as well as
through administrative, judicial and legislative means;

6. Reiterates its position in relation to the proposal for a decision on the European Year of Equal Oppor-
tunities for All that the Commission must ensure that all forms of discrimination referred to in Article 13
of the Treaty and in Article 2 of the proposal are addressed and dealt with equally, as stated in the Parlia-
ment's position of 13 December 2005 on the proposal (1), and reminds the Commission of its promise to
monitor closely this matter and to report to Parliament;

7. Urges the Commission to ensure that all Member States have transposed and are correctly imple-
menting Directive 2000/78/EC and to start infringement proceedings against those Member States that fail
to do so; in addition, calls on the Commission to ensure that the annual report on the protection of funda-
mental rights in the EU includes full and comprehensive information on the incidence of homophobic hate
crimes and violence in Member States;

8. Urges the Commission to come up with a proposal for a directive on protection against discrimination
on the basis of all the grounds mentioned in Article 13 of the Treaty, having the same scope as Directive
2000/43/EC;

9. Urges the Commission to consider the use of criminal penalties in cases of violation of directives
based on Article 13 of the Treaty;

10. Calls on all Member States to take any other action they deem appropriate in the fight against homo-
phobia and discrimination on grounds of sexual orientation and to promote and implement the principle
of equality in their societies and legal systems;

11. Urges Member States to enact legislation to end discrimination faced by same-sex partners in the
areas of inheritance, property arrangements, tenancies, pensions, tax, social security etc.;

12. Welcomes recent steps taken in several Member States to improve the position of LGBT people and
resolves to organise a seminar for the exchange of good practice on 17 May 2006 (International Day
against Homophobia);

13. Reiterates its request that the Commission put forward proposals guaranteeing freedom of movement
for Union citizens and their family members and registered partners of either gender, as referred to in
Parliament's recommendation of 14 October 2004 on the future of the area of freedom, security and
justice (2);

14. Calls on the Member States concerned finally to accord full recognition to homosexuals as targets
and victims of the Nazi regime;

Instructs its President to forward this resolution to the Commission, to the governments of the

15.
Member States and to the accession and candidate countries.

(1) Texts adopted, P6_TA(2005)0489.
(2) OJ C 166 E, 7.7.2005, p. 58.