Homophobia and equalisation in the European Union
An experts talk and discussion took place at the ETC on 19 January 2009, where Niraj Nathwani (FRA – Fundamental Rights Agency of the Europan Union, Vienna), Eva Kovacechova (FRALEX-Expert for Slovakia), Klaus Starl (ETC, FRALEX-Partner for Slovakia, Hungary, Austria, Slovenia and Ireland) and Márton Udvari (FRALEX-Expert for Hungary) discussed with the audience. The discussion was moderated by Wolfgang Benedek (ETC and University Graz). On request of the European Parliament the EU Fundamental Rights Agency FRA has issued studies about homophobia in all 27 EU Member states. The conclusions of this comparative study was presented at the ETC by Niraj Nathwani. The situation concerning homophobia was discussed as to same right to equal treatment, same sex couples and partnerships, criminal law combating homophobia and the right to freedom of assembly. Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and directive 2000/78/EC for equal treatment in employment and occupation forbid discrimination on grounds of sexual orientation in the field of employment. They also create a hierarchy of discrimination grounds which lead to unjustified legal consequences in the member states depending on why a person is being discriminated. The claim for a horizontal directive to equate discrimination grounds evolves consequential by this study as well as the call for sanctions to provide an incentive for member states to prevent discrimination on grounds of sexual orientation. The wide range of administrative discretion concerning the interpretation of the world ‘spouse’, which leads to different treatment of family members of refugees in the member states, was discussed as it limits the rights guaranteed by the free movement directive (2004/38/EC). To be considered as family member is bound to different prerequisites in the member states such as living in the same household in Slovakia, while in Hungary LGBT couples are not recognized at all and in Austria the undefined necessary proves to evidence a civic partnership lead to insecurities. Eva Kovacechova stated that Slovakia’s laws show few effective protection against discrimination on grounds of sexual orientation and that awareness raising is mostly needed. Hungary’s laws are more positive for possible victims, although Márton Udvari showed that they are restricted by a conservative constitution. Klaus Starl showed the necessity of general reforms for unification of Austria’s meanwhile 18 different laws on equality treatment. (21 January 2009)
Comparative Study ... (pdf) |
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