Debate: The spread of ‘anti-LGBTIQ’ propaganda bills by populist parties and governments in Europe
Date: WEDNESDAY, 4 OCTOBER 2023
Speaker: Johannes Hahn
Language: EN

As President von der Leyen said in her State of the Union speech in 2020, I quote ‘Being yourself is not your ideal ideology. It is your identity, and no one can ever take it away.’ This view has underpinned the Commission’s work during this mandate, in our quest to advancing LGBTIQ rights and fighting anti-LGBTIQ narratives and to build a union of equality.  Our first ever LGBTIQ equality strategy 2020 to 2025 has been a milestone to enhance LGBTIQ equality in the Union. Let me highlight some of the concrete actions put in place to fight discrimination, hate crimes and hate speech targeting LGBTIQ persons. Anti-LGBTIQ bills and narratives fuel LGBTIQ-phobic hate speech. Reports from civil society organisations confirm rising levels of violence and hatred against LGBTIQ people globally, including across the European Union.  The results of the seventh evaluation of the Code of Conduct on countering illegal hate speech online revealed that sexual orientation is the third most reported category of hate speech; it is about 15%. While racist and xenophobic hate crimes and hate speech are already prohibited under European Union law, the same protection should be extended to other groups, including the LGBTIQ community. On 21 December, the Commission proposed to the Council to adopt a decision to include hate crimes and hate speech in the list of particularly serious crimes with a cross-border dimension – so-called EU crimes. If this proposal is adopted, the Commission would then be able to propose legislation to combat hate speech and hate crime on grounds including sexual orientation. In addition, the landmark Digital Service Act compels platforms to remove hateful content quickly and protects sensitive personal data from use in targeted advertising, including data on sexual orientation. In 2023, the Commission will also provide EUR 1.2 million for a dedicated joint project with the Council of Europe tackling online and offline violence against LGBTIQ people. On legal protection, we have proposed binding standards to strengthen the independence and powers of equality bodies in the Member States. The proposal, among other things, extends the remit of their work to cover discrimination based on sexual orientation in employment and occupation. We have proposed to harmonise national rules on private international law related to parenthood. This proposal will ensure that the fundamental rights of all children are respected and protected in cross-border situations within the Union. The recent proposal amending the Victims Rights Directive also includes provisions that will serve to protect LGBTIQ people through access to support services, psychological support and victim helplines, and including protection orders in the list of protection measures that are available to victims.  We are continuing to facilitate dialogue and support Member States with high-level and working groups on combating hate speech and hate crime, non-discrimination, equality and diversity, but also in education, which is key to preventing stereotypes and anti-LGBTIQ narratives. This continuous exchange will help ensure our union of equality is built on strong national foundations.  But we are working also on a mid-term review of the implementation of the LGBTIQ equality strategy. It will assess how the situation of LGBTIQ people has evolved, what progress has been achieved and which areas require further focus to fully implement the strategy by 2025. We are currently engaging in consultation activities to prepare this.  Finally, as the guardian of the Treaties, the Commission pays close attention to potential breaches of Union law. The Commission has not shied away from launching infringement procedures when faced with concrete evidence. The Commission has an equally vigilant approach with regard to EU funds, which have to benefit all EU citizens without any form of discrimination, including on the grounds of sexual orientation. All EU-funded projects have to comply with EU law, including the Treaties and the Charter of Fundamental Rights.  In that respect, I look forward to our debate.