LGBTI equality and human rights in Europe and Central Asia

Guidelines Free Movement Directive, 2005

The goal of these guidelines is twofold. First, the guidelines are meant to assist organisations in monitoring national law in order to ensure that same-sex families enjoy the fullest protection in accordance with the Directive. Second, this document discusses how the provisions of the Directive can and should be applied to further advance the free movement rights of same-sex families.

In 2004, the European Union adopted a new Directive on Free Movement Rights which has relevance for same-sex families who want to exercise their right to free movement. The Directive sets out the rules applying to EU citizens and their family members who wish to move to and reside in another EU member state. While falling short of respecting the right to free movement for all families, the Directive opens the door for some recognition of same-sex families.