Report: Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States
In 2007, the European Parliament requested FRA to prepare a comprehensive study on homophobia and discrimination on grounds of sexual orientation and gender identity. A project covering all 27 Member States was put in place to prepare a comprehensive comparative analysis looking at the legal and the sociological aspects of issues affecting LGBT people in the European Union. In September 2010, FRA launched an update to the report.
Find the update to the report here, released in September 2010.
The report is divided into two parts: part 1 on the legal sitaution, and part 2 on the social situation - and finally country reports for all 27 countries.
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Part 1 - the legal situation
Key findings of this report:
The report identifies differences in treatment and protection by the law for LGBT people and a lack of full and equal enjoyment of rights in areas of EU competence particularly with regard to same sex partnerships. This relates to rights and benefits provided for spouses and partners under the EU's Free Movement Directive, the Family Reunification Directive and the Qualification Directive.
The report also highlights that homophobic hate speech and hate crime represent obstacles to the possibility for individuals to exercise their free movement and other rights in a non-discriminatory manner. Homophobia could be combated more effectively using EU wide criminal legislation.
The report finds that 18 out of 27 EU Member States have already gone beyond the minimum requirements of EU anti-discrimination legislation and have provided for legal protection against discrimination on grounds of sexual orientation in the areas of employment, access to public goods and services, housing and social benefits. The report welcomes this approach and encourages extending such provisions to all Member States.
The report concludes that more comprehensive legal protection, as well as wider powers and resources for equality bodies are required, and urges that the new measures on non-discrimination discussed by the EU will ensure this.
Find Part 1 - the Legal Situation here
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Part 2 - the social situation
Key issues addressed in the report include:
- hate crime and hate speech
- discrimination in the workplace
- bullying and harassment in education.
The report also examines the areas of healthcare and religion, where reactions to LGBT persons vary considerably. It shows that homophobia is prevalent in sport and that LGBT persons face particular difficulties in the process of seeking asylum. Discrimination against transgender persons was also reported in all areas investigated for this report.
The report outlines a number of good practices being implemented within the EU Member States and notes that although LGBT persons lack media visibility throughout the EU, there is evidence that things are slowly changing. FRA welcomes this process and stresses that a broad range of measures should be implemented by Member States to tackle discrimination in this field.
Find Part 2 - the Socal Situation here
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Country reports
When compiling information to the the report, the The Agency for Fundamental Rights has also produced country reports on the legal situation in the 27 Member States.
