European Union governments should vote in favor of a proposed directive providing protection from discrimination on a broad range of grounds including sexual orientation, Human Rights Watch said today in a letter to leaders of all 27 member states. European Union law presently bans discrimination based on sexual orientation, disability, age or religion, in employment only.
“No citizen within the EU should have less protection or less equality than others,” said Boris Dittrich, advocacy director of the Lesbian, Gay, Bisexual and Transgender Rights Program at Human Rights Watch. “An inclusive directive will be a vital step to end discrimination against the millions of lesbian, gay, bisexual, and transgender people living in the European Union.”
On July 2, 2008 the European Commission published its “Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.” The proposal came after weeks of controversy over whether to include sexual orientation in the new set of protections.
European Union law currently requires states to prohibit discrimination on the grounds of gender or race in a broad range of areas, including access to goods and services. However, prohibition of discrimination on the grounds of sexual orientation, disability, age or religion or belief is limited to the area of employment and training.
The Council of the European Union, representing all 27 member states, must decide whether to support or reject the commission’s comprehensive proposal. Each member state has the right to veto the proposal, and all must approve it in order for it to be enacted.
The need for expanded protection against discrimination has been clearly demonstrated:
- The European Union Fundamental Rights Agency concluded in a recent report that discrimination based on sexual orientation persists in the EU, and that only an all-inclusive EU law would effectively end existing inequalities and offer full protection in the spirit of the Charter of Fundamental Rights.
- The European Parliament has also voted to ask the European Commission to bring forward such a broad directive.
- On July 2, 2008 the 1031st meeting of the Committee of Ministers of the Council of Europe – including all 27 Ministers of Foreign Affairs of the EU – reaffirmed that discrimination based on sexual orientation or gender identity is not compatible with the council’s standards and has no place in Europe.
“The European Union’s Charter of Fundamental Rights prohibits any discrimination on any grounds, including sexual orientation,” said Dittrich. “It is past time to turn that promise into real protections.”
