Spotlight on the EU and LGBTI equality.
Date: 2020-02-01
Institutions: Directorate-General for Communication
Subjects: LGBTIQ persons, discrimination on the basis of sexual orientation, equal treatment, equality before the law, fundamental rights, gender equality, gender identity, gender reassignment

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Spotlight on
THE EU AND LGBTI 
EQUALITY

February 2020

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Everyone in the European Union has the right to be treated equally. 

76 % of Europeans polled in 2019 agreed that gay, lesbian or bisexual people should 
have the same rights as heterosexual people, up from 71 % in 2015. However, lesbian, 
gay, bisexual, transgender and intersex (LGBTI) people can face discrimination in many 
areas  of  life,  for  instance  when  looking  for  a  job  or  asking  for  social 
security benefits, at school or when they need healthcare. They may also 
face hate speech and even violence and can feel unsafe in workplaces, 
schools and public spaces. 

Since 1999, the EU has had the power to act in cases of discrimination
based on sexual orientation. Since then, it has adopted legislation and has taken measures 
to extend legal and social protection for LGBTI people. 

In this brochure you can find out what the EU is doing for lesbian, gay, bisexual, transgender 
and intersex people.

ec.europa.eu/lgbti #EU4LGBTI

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WHAT THE EU IS DOING 

STAYING SAFE

The EU works to combat homophobia and discrimination 
on the basis of sexual orientation, gender identity and 
sex characteristics. It aims to ensure that the rights of 
all LGBTI people are protected in the EU. 

As part of its efforts to combat discrimination, in 2015 
the  European  Commission  presented  a  list  of  actions 
covering, for example, education, employment, health, 
free movement, asylum and hate crime. 

Hatred against LGBTI people is often spread online and 
through  social  media.  In  order  to  fight  against  hate 
speech online, in 2016 the European Commission agreed 
with  Facebook,  Twitter,  YouTube  and  Microsoft  on  a 
code of conduct which asks them to review the majority 
of notifications of illegal hate speech within 24 hours 
and  to  remove  such  content  if  necessary.  Instagram, 
Snapchat, Dailymotion and jeuxvideo.com signed up to 
the code of conduct in 2018 and 2019.   

In  order  to  bring  about  change,  the  European  Union 
works hand in hand with the countries of the EU as they 
are responsible for promoting and enforcing LGBTI rights 
such as legal recognition of same-sex couples and rules 
on legal gender recognition.

Victims of crime deserve to be recognised and treated 
in a way that is respectful and tailored to each victim’s 
individual needs. The Victims’ Rights Directive  lays down 
a set of binding rights for victims and clear obligations 
on EU countries. 

EU
47 %

 Almost half of LGBTI 
people surveyed across 
Europe experienced 
discrimination or 
harassment.

Source: Eurobarometer – Discrimination in the EU, 2015 and Fundamental 
Rights Agency – EU LGBT survey, 2013.

PROTECTING  YOU  FROM  DISCRIMINATON 
AT WORK  

Since 2003 it has been illegal in the EU to discriminate 
against people in the workplace on the basis of 
their  sexual  orientation.  Legislation  obliges  all  the 
countries in the EU to provide legal protection against 
discrimination  when  it  comes  to  applying  for  a  job, 
promotion or training as well as in matters concerning 
working conditions, pay and dismissal. 

The  same  protection  extends  to  discrimination  and 
harassment  in  the  field  of  employment  and  social 
security  when  it  is  made  on  the  basis  of  gender 
reassignment (when a person changed sex because they 
felt that their gender at birth did not match their gender 
identity).

At  European  Union  level,  a  group  of  experts  from 
governments, international organisations and civil society 
is  working  to  combat  intolerance  and  discrimination, 
including  against  LGBTI  people.  The  group  is  helping 
to develop policies to prevent and combat hate crime 
and hate speech. For instance, it has issued guidance on 
ensuring justice, protection and support for victims of 
hate crime and has also provided guidance and training 
for police and courts.

The EU wants to ensure that LGBTI 
people have the same access to 
healthcare as other people. 
LGBTI-specific training guides 
have been produced for 
healthcare professionals to use. 

EU countries also work together on prevention, 
testing and care for vulnerable groups, including 
LGBTI people, for HIV, sexually transmitted 
infections, tuberculosis and hepatitis, aiming for 
earlier diagnosis and better care for all. 

National helplines for victims of assault, 
harassment or abuse are in place in every EU 
country.

WORKING WITH BUSINESSES 

CROSSING BORDERS

To  truly  advance  equality  for  LGBTI  people,  however, 
other actions are needed in addition to laws. In 2010 the 
EU set up a Platform of Diversity Charters to encourage 
businesses, public bodies and non-profit organisations to 
strengthen their commitment to improving diversity. The 
organisations that participate have agreed to promote 
diversity  and  equal  opportunities  in  the  workplace, 
including for LGBTI people. 

All EU citizens have the right to move freely within the 
EU. This right to freedom of movement aims to make 
it easier to live, study or work in any other EU country. 
In practice, however, LGBTI persons can face obstacles 
when  moving  across  borders.  For  instance,  same-
sex couples can struggle to have their relationship or 
children recognised in a different EU country.

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EU  law  extends  the  right  to  freedom  of  movement, 
under certain conditions, to the family members of EU 
citizens, such as their spouses and children, even if they 
are not themselves EU citizens. The Court of Justice of 
the European Union has  clearly stated that same-sex 
spouses have the right to reside in another EU country 
once their partner has become legally established there, 
even if the host country itself has not put in place same-
sex marriages.

In  general,  EU  countries  decide  their  own  laws  on 
marriage, including same-sex marriage and other legally 
recognised relationships such as civil partnerships. The 
precise definition of marriage and civil partnerships can 
therefore differ between countries. 

The EU has adopted gender-neutral legislation on family 
matters  that  applies  to  all  citizens,  including  LGBTI 
citizens. EU rules make it easier to resolve cross-border 
cases concerning divorce, parental rights, maintenance, 
inheritance  and  couples’  property  regimes.  The  rules 
help couples and families to know which Member State 
courts will deal with their case and which national law 
will apply, and make it easier to recognise and enforce 
judgments in another Member State.

PROTECTING  AND  EXPANDING  YOUR 
RIGHTS

You have rights as an LGBTI person in the EU. 

If you think your rights have been breached, you can make 
a complaint and try to obtain a legal remedy within your 
national legal system. National courts and tribunals work 
with the Court of Justice of the European Union to clarify 
how EU laws should be applied. For more information 
on how non-discrimination and equal treatment apply 
in  your  own  country,  contact  the  appropriate  national 
member of the European Network of Equality Bodies. 
Since not all equality bodies cover sexual orientation, 
you  will  need  to  consult  the  website  for  an  overview 
of the issues they tackle. These organisations, as well 
as  non-governmental  organisations  and  trade  unions, 
will  be  able  to  help  you  if  you  think  you  have  been 
discriminated  against,  for  instance  at  work  or  when 
applying for a job. 

EU 
69 % 

 69 % of Europeans 
believe same-sex 
marriage should be 
allowed throughout 
Europe.

Source: Special Eurobarometer 493 – Discrimination in the 
European Union, May 2019.

    SAME-SEX MARRIAGE/ 
MARRIAGE EQUALITY 
in 13 EU Member States

    SAME-SEX REGISTERED 

PARTNERSHIPS 
in 8 EU Member States

   NO LEGAL RECOGNITION 
FOR SAME-SEX COUPLES 
in 6 EU Member States

More information on attitudes 
to the LGBTI community in your 
Member State can be found here.

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KEEPING SCORE 

Every year, the European Commission publishes a  report 
to  monitor  progress  on  the  list  of  actions  to  advance 
equality for LGBTI people in the EU. 

Want to know more about 
your rights at EU level?

The Employment Equality Framework Directive 
obliges all EU countries to provide legal protection 
against discrimination and harassment on the basis 
of sexual orientation in respect of job applications, 
promotion, training, working conditions and pay and 
dismissal.

The Gender Recast Directive protects transgender 
people against discrimination in their professional life 
arising from gender reassignment.

The Directive on Sex Equality in Social Security 
protects transgender people against discrimination in 
social security arising from gender reassignment.

The Victims’ Rights Directive creates a set of binding 
rights for victims and clear obligations on EU 
countries to ensure they are put into practice.

The EU Free Movement Directive extends the right 
to freedom of movement, under certain conditions, 
to the family members of EU citizens, such as their 
spouses and children, even if they are not themselves 
EU citizens.

EU CHARTER OF FUNDAMENTAL RIGHTS

Article 21 of the Charter prohibits ‘any 
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, property, birth, disability, age or sexual 
orientation’. 

This article only applies to situations where EU 
law applies. 

The European Commission also monitors how EU 
laws are implemented and reports on the actions 
that EU countries have taken to advance LGBTI 
equality.

As  a  last  resort,  the  European  Commission  could,  if 
necessary, take action against an EU country that is not 
complying  with  EU  law,  which  could  end  up  in  taking 
the case to the Court of Justice of the European Union. 
In  2008,  the  European  Commission  proposed  to  extend 
the  protection  against  discrimination  based  on  sexual 
orientation  to  the  areas  of  social  protection  (including 
social security and healthcare), education and access to 
goods and services — which includes housing, for example. 

However,  this  proposal  has  so  far  failed  to  gain  the 
necessary agreement from all Member States. In spite 
of this, some Member States have already legislated to 
provide  protection  that  goes  beyond  what  is  required 
under current EU law.

PROMOTING EQUALITY AND SUPPORTING 
CIVIL SOCIETY 

Civil society organisations help promote positive change 
and  this  is  why  the  European  Commission  supports 
European  LGBTI  organisations  such  as  ILGA-Europe, 
part of the International Lesbian, Gay, Bisexual, Trans 
and  Intersex  Association,  Transgender  Europe  and 
IGLYO.  The  European  Commission  also  financially 
supports LGBTI organisations at national level through 
the Rights, Equality and Citizenship Programme and the 
Erasmus+ programme. This 
funding helps organisations 
to 
awareness 
about  the  challenges  and 
discrimination  that  LGBTI 
people  face.  For  instance, 
Erasmus+  has  supported 
the  ‘P.R.I.D.E.’  and  ‘Labels 
Down’  projects,  which 
focused  on  breaking  down 
stereotypes  about 
the 
LGBTI community.

raise 

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FEELING PRIDE AND BEING AN ALLY

Some people may not be aware of the challenges that 
LGBTI people can face. The EU has financed a series of 
video testimonies of LGBTI people and their allies across 
Europe to give people a voice and raise awareness. Each 
video focuses on a different aspect of identity and shows 
how support and solidarity with the LGBTI community 
can really improve people’s lives. 

The  EU  institutions  support  and  take  part  in  the 
International Day against Homophobia, Transphobia and 
Biphobia, in EuroPride and in other Pride events. 

Europeans  are  proud  of  their  diversity  and  more  and 
more people are publicly expressing their sexuality or 
gender identity. Europeans have voted for openly gay 
leaders, including Luxembourg’s Prime Minister, Xavier 
Bettel (left), and the Irish Taoiseach (Prime Minister), Leo 
Varadkar (right).

The Brussels headquarters of the European Commission lit with the rainbow flag colours to 
mark the International Day against Homophobia, Transphobia and Biphobia, 17 May 2019.

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Democracy and Human Rights. Since 2016, the EU has 
supported  16  projects  implemented  by  civil  society 
organisations in Asia, Africa, Latin America and eastern 
Europe, totalling €5.2 million. In 2018 the EU launched 
a  new  €10  million  fund  to  support  LGBTI  activists 
and organisations in areas where LGBTI people are at 
greater risk of discrimination. 

Countries that wish to join the EU must protect people 
who  face  discrimination  and  violence.  Protecting  and 
promoting the rights of LGBTI people remains a priority 
for the EU in these ‘candidate countries’, including in the 
context of negotiations to join the EU. Funding is also 
provided for networks promoting rights in the western 
Balkans  and  Turkey.  Additionally,  the  EU  discusses 
the  rights  of  LGBTI  people  with  the  governments  of 
the countries that border the EU (the ‘neighbourhood’ 
countries)  and  monitors  the  situation  on  the  ground. 
The  EU  also  gives  financial  support  to  organisations 
working  across 
‘neighbourhood’ region.

the 

EU ACTION WORLDWIDE

In  over  70  countries  outside  the  EU,  same  sex  acts 
continue to be criminalised, and in some countries, gay 
people even face the death penalty. In other countries 
LGBTI  people  do  not  have  enough  protection  against 
discrimination and abuses of their human rights. 

The EU encourages other countries to ensure 
that sexual orientation, gender identity or sexual 
characteristics cannot be grounds for violence or 
criminal penalties.

For example, in April 2019, the EU condemned laws in 
Brunei  that  punish  same-sex  relations  with  death  by 
stoning, imprisonment, or whipping.

‘No person should be punished for loving someone. 
That can never be interpreted as a crime.’ 

Federica Mogherini, High Representative of the EU for 
Foreign Affairs and Security Policy and Vice-President of the 
European Commission, at the European Parliament debate 
on Brunei on 18 April 2019. 

The  EU  is  also  a  major  donor  worldwide  to  projects 
aimed  at  combatting  discrimination  against  LGBTI 
people,  mainly  through  the  European  Instrument  for 

ec.europa.eu/lgbti #EU4LGBTI

Questions about the European Union?  
Europe Direct can help: 
00 800 6 7 8 9 10 11, 
http://europedirect.europa.eu 

An interactive version of this 
publication, containing links to 
online content, is available in PDF 
and HTML format: https://op.europa.
eu/webpub/com/factsheets/lgbti/en/

Part of the Spotlight on series of the European Commission
© European Union, 2020 

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Reuse is authorised provided the source is acknowledged. 

The reuse policy of European Commission documents is regulated by Decision 2011/833/EU  
(OJ L 330, 14.12.2011, p. 39).

For any use or reproduction of photos or other material that is not under the EU copyright, permission 
must be sought directly from the copyright holders.

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