Changes from report parliamentary committee draft to plenary report

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

▸5 unchanged paragraphs

on the implementation of the EU LBGTIQ Equality Strategy 2020-2025

(2023/2082(INI))

The European Parliament,

– having regard to the Charter of Fundamental Rights of the European Union,

– having regard to Article 2 of the Treaty on European Union (TEU),

Changed– having regard to the European Convention on Human Rights (ECHR) and the related case-lawcase law of the European Court of Human Rights,Rights (ECtHR),

Changed– having regard to the case-lawcase law of the Court of Justice of the European Union (CJEU),

Added– having regard to the judgment of the CJEU of 5 June 2018 in case C-673/16,

– having regard to the Universal Declaration of Human Rights,

Changed– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Istanbul Convention’), which was ratified by the European Union on 28 June 2023,

Changed– having regard to the UN Convention on the Rights of the Child, to the UN Convention on the elimination of All Forms of Discrimination against Women, to the UN Convention on the Elimination of Racial Discrimination, and to the UN Convention on the Rights of Persons with Disabilities,

Added– having regard to the Yogyakarta Principles and on the application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics,

– having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698),

– having regard to its resolution of 14 September 2021 on LGBTIQ rights in the EU,

Added– having regard to the Commission’s progress report on the implementation of the LGBTIQ Equality Strategy 2020-2025,

– having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone,

Added– having regard to its resolution of 17 September 2020 on the proposal for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law,

Added– having regard to its resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament,

Added– having regard to its resolution of 20 October 2022 on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia,

Added– having regard to its resolution of 29 April 2023 on the universal decriminalisation of homosexuality in the light of recent developments in Uganda,

– having regard to the Commission proposal of 7 December 2022 for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (COM(2022)0695),

Changed– having regard to the study by its Directorate-General for Parliamentary Research Services of ...December 2023 entitled ‘The LGBTIQ Equality Strategy 2020-2025 – Implementation overview’,

– having regard to the EU Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality prepared by the Commission in 2022,

– having regard to Rule 54 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0000/2023),(A9-0030/2024),

Change 1

RemovedA. whereas LGBTIQ+ rights are fundamental rights;

AddedA. whereas LGBTIQ+ rights are fundamental rights, and checks and balances as regards the rule of law and democracy are crucial for the protection of LGBTIQ rights; whereas the safety and dignity of LGBTIQ+ people is the safety and dignity of all of us;

B. whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and in the Charter, and should be fully respected;

C. whereas equality and the protection of minorities are among the EU values enshrined in Article 2 TEU;

Change 2

AddedD. whereas Article 21 of the Treaty on the Functioning of the European Union (TFEU) establishes that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States;

AddedE. whereas all Member States have assumed obligations and duties under international law and the EU Treaties to respect, guarantee, protect and fulfil fundamental rights;

F. whereas progress has been made in protecting and promoting LGBTIQ+ rights in some Member States;

G. whereas discrimination based on actual or perceived sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) persists throughout the EU;

H. whereas developments in some Member States have shown that progress on LGBTIQ+ rights cannot be taken for granted;

Change 3

RemovedG. whereas the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) Europe’s 2023 Annual Review has documented the highest numbers in violence against LGBTIQ+ persons in 12 years;

AddedI. whereas in 2022, the Commission together with Parliament and 15 Member States, referred Hungary to the CJEU over violations of LGBTIQ rights;

RemovedH. whereas the growth of anti-rights rhetoric has contributed to creating a hostile environment for those advocating LGBTIQ+ rights;

AddedJ. whereas Latvia should join the LGBTIQ Equality Subgroup set up under the High-Level Group on Nondiscrimination, Equality and Diversity – as the last Member State to do so after Cyprus recently expressed its interest – with the goal to enhance implementation of the LGBTIQ strategy in all Member States;

AddedK. whereas Parliament condemned, in the strongest possible terms, discriminatory laws, policies and practices against LGBTIQ+ people, such as the ‘Anti-Homosexuality Bill’ in Uganda;

AddedL. whereas on 30 November 2023 Russia’s Supreme Court banned the ‘international LGBT movement’ declaring it an extremist organisation; whereas this decision is a severe attack against LGBTIQ+ people and human rights defenders in Russia and it will have a grave impact on their situation; whereas LGBTIQ+ people in China have experienced increased harassment and censorship, including online;

AddedM. whereas the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) Europe’s 2023 Annual Review has documented the highest numbers of acts of violence against LGBTIQ+ persons in 12 years;

AddedN. whereas the growth of anti-rights rhetoric, including by elected politicians has contributed to creating a hostile environment for LGBTIQ+ persons and those advocating LGBTIQ+ rights;

O. whereas building safe, free, inclusive societies for LGBTIQ+ persons implies addressing multiple and intersectional manifestations of discrimination, exclusion and violence;

P. whereas LGBTIQ+ persons face discrimination and violence worldwide;

Q. whereas the European Union has made commitments to promote and protect LGBTIQ+ rights worldwide;

Change 4

RemovedL. whereas Parliament’s LGBTIQ+ Intergroup has called for a report on the implementation of the LGBTIQ Equality Strategy 2020-2025;

AddedR. whereas all forms and manifestations of hatred and intolerance, including hate speech and hate crime, are incompatible with the EU values of human dignity, freedom, democracy, equality, rule of law and respect for human rights, as enshrined in Article 2 of the TEU;

AddedS. whereas so-called ‘conversion practices’ can rely on different methods such as electroshocks, taking hormones or exorcism rites that amount to practices of torture; and it is estimated that 2 % of LGBTIQ+ persons in the EU have been actually submitted to such ‘conversion practices’ and 5 % have been offered conversion, although the real figures could be much higher;

Main conclusions

Change 5

Removed1. Welcomes the Commission’s LGBTIQ Equality Strategy 2020-2025;

Added1. Welcomes the Commission’s LGBTIQ Equality Strategy 2020-2025, adopted by the European Commission on 12 November 2020 (COM(2020)0698), and its recent Progress Report on the implementation of the Strategy; notes the European Commission’s commitment to support Member States in their implementation of the Strategy, expresses deep concern about the disparities in openness to the Strategy between the Member States; welcomes the efforts by the European Commission to advance equality for LGBTIQ+ persons in all fields included in the Strategy; regrets that certain key actions originally envisaged by the Commission have not been implemented so far;

Change 6

Changed2. ExpressesAcknowledges the progress made for the implementation of the LGBTIQ Equality Strategy 2020-2025 while stressing that real equality for LGBTIQ+ persons in the EU is still far away from current reality; expresses concern about the discrimination and violence suffered by LGBTIQ+ persons in the EU and their consequences for the full enjoyment of free and dignified lives;

Change 7

Removed3. Regrets the fact that the horizontal anti-discrimination directive has been blocked in the Council since 2008;

Added3. Deplores the fact that the horizontal anti-discrimination directive has been blocked in the Council since 2008; considers that any update to this proposal by the Commission must build on Parliament’s position, address intersectional discrimination and explicitly prohibit discrimination on any combination of grounds listed in the Charter; regrets that the Council has ignored these requests and urges the Council to integrate them in its mandate and to take all appropriate actions to fight discrimination in the EU;

Removed4. Underlines that LGBTIQ+ persons are disproportionately affected by homelessness, poverty and socio-economic exclusion;

Added4. Calls for the inclusion of all the grounds of sexual orientation, gender identity, gender expression and sex characteristics in the EU anti-discrimination legislation, based on a broad interpretation of the grounds of sexual orientation and sex and the principle of equality between women and men set forth in the Treaties; notes that this will ensure legal certainty and comprehensiveness of the protection of LGBTIQ+ people;

Removed5. Regrets the fact that LGBTIQ+ persons still face barriers to accessing decent jobs;

Added5. Underlines that LGBTIQ+ persons are disproportionately affected by homelessness, poverty and socio-economic exclusion; expresses concern with the effects of the COVID-19 pandemic, the cost of living and housing crisis, as well as of the lack of public investment, over the lives of LGBTIQ+ people; reiterates that housing is a fundamental right;

Removed6. Underlines that access to healthcare should be offered as a free and timely public service;