ILGA-Europe's memorandum to Austrian Presidency

Executive Summary

ILGA-Europe urges the Austrian Presidency to play an essential role in supporting:

Constitution

•  The EU’s accession to the European Convention on Human Rights (including Protocol 12) and the revised European Social Charter.

 Value

• The mainstreaming of human rights in ALL EU policies and activities.
• The respect of the
• Copenhagen criteria by all countries in the EU, not only at time of accession.
• The independence, proper financial and staff resources for the Fundamental Rights Agency, a close involvement of NGOs and a mandate that would cover the key functions described in the UN Paris Principles.
• An inclusive approach in determining the speakers and the invitees to the conference on European Identity and values “Sound of Europe.”

Enlargement

•  The respect of the acquis communautaires in the enlargement process.
• The respect for human rights and democracy in all candidate countries.
• The monitoring the situation of lesbian, gay, bisexual and transgender (LGBT) people in Bulgaria, Turkey, Romania and Croatia.
• The consideration, at the time of the opening of accession, whether Macedonia and the Balkan States respects human rights of LGBT people.

 Jobs and growth for Europe

• The re-affirmation of the EU’s commitment to equality, non-discrimination and fundamental rights in relation to the Lisbon Strategy and the new EU Social Agenda
• The integration of equality and non-discrimination considerations in the formulation and evaluation of the review process of the National Reform Plans and the adoption of new “integrated guidelines”
• Give due priority to social inclusion objectives in the context of streamlined open method of co-ordination (OMC).
• Mainstreaming and explicitly mention equality considerations throughout the revised OMC on inclusion, pensions and healthcare.
• The inclusion of LGBT young people and the International Gay and Lesbian Youth Organisation (IGLYO) at the conference on the European Youth Pact in Bad Ischl.
• The inclusion of LGBT perspective in the conference “Demographic Challenges - Family needs Partnership” by inviting experts in this field. 
• An inclusive definition of family when implementing the directive on freedom of movement.

Equality

• The inclusion of issues related to lesbian, bisexual and transgender women in the work on women and health.
• The inclusion of measures for the promotion of the rights of lesbian, bisexual and transgender women in the multi-annual work plan of the UN Commission on the Status of Women.
• The full implementation of the Framework Directive on Equal Treatment in Employment and Occupation in law and in fact.
• In the context of the European Year of Equal Opportunity, ensuring inclusion of groups representing all grounds of discrimination recognised by Article 13 of the TEU in National Implementing Body, and in national strategies and priorities.
• The harmonisation of anti-discrimination legislation on all grounds to ensure an equal degree of protection, in the context of the feasibility study to be launched by the European Commission in 2006.
• The promotion of a mainstreaming approach of equality.

 Freedom, security and justice

• Measures addressing adequately hate crime motivated by homophobia and transphobia.
• The full transposition of the directive on minimum standards for the qualification and status of the refugee, in the national legislation of all EU member states.
• Mutual recognition of court judgements and harmonisation of private international law in the areas of inherence law, probate law, divorce law, contract law and compensation including LGBT families .

Foreign policy

• The inclusion of human rights concerns and standards as a major factor in any new agreement signed with the new neighbours.  This is especially important for the LGBT citizens of these countries. 
• Ensuring that funds available through the European Initiative for Democracy and Human Rights (EIDHR) include projects that deal with rights of LGBT people.   
• Ensuring that Commission’s funding on development is directed at projects involving LGBT people and protecting their human rights.
• The introduction of human rights clauses in all agreements with third countries and proper monitoring of their respect.
• The expression of concerns for human rights with the third countries with which summits are organised during the Presidency (e.g. political dialogue with Iran).
• The consideration of the particularly vulnerable situation of LGBT people in relation to torture and death penalty and also to ensure the protection of LGBT activists.
• The reference in the Joint statement between the OSCE and the EU presidency to further work towards equality and anti-discrimination, including on grounds of sexual orientation and gender identity.