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DRAFT REPORT (2023/2082(INI))

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

LIBE-PR-756097

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: José Gusmão

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This draft report by the Committee on Civil Liberties, Justice and Home Affairs assesses the implementation of the EU LGBTIQ Equality Strategy 2020-2025 and proposes a Parliament resolution. It finds that LGBTIQ+ people still face discrimination, violence, poverty and barriers to jobs and healthcare, and regrets that the horizontal anti-discrimination directive has been blocked in the Council since 2008. It calls on the EU and Member States to mainstream LGBTIQ+ rights, criminalise SOGIESC-based hate speech and violence, ban conversion practices, forced abortions, forced sterilisations and genital mutilation, and give LGBTIQ+ people access to asylum. It asks for a common EU approach to legal recognition of same-sex marriages, partnerships, rainbow parents and legal gender recognition, and for free movement and EU citizenship rights for rainbow families. It calls on the Commission to prepare a new LGBTIQ+ Equality Strategy for 2025-2030 with an implementation plan, mainstreaming structure, resource allocation and a timeline, and to secure a portfolio for an Equality and Diversity Commissioner.

Committee position. The rapporteur proposes that Parliament welcome the LGBTIQ Equality Strategy 2020-2025, find that much work remains, and call for a new strategy for 2025-2030 with an implementation plan, mainstreaming structure, resource allocation and timeline, and for an Equality and Diversity Commissioner portfolio.

Key points

  1. Welcomes the Commission's LGBTIQ Equality Strategy 2020-2025 and expresses concern about discrimination and violence suffered by LGBTIQ+ persons in the EU.
  2. Regrets that the horizontal anti-discrimination directive has been blocked in the Council since 2008.
  3. Underlines that LGBTIQ+ persons are disproportionately affected by homelessness, poverty and socio-economic exclusion, and face barriers to decent jobs.
  4. Calls for the EU and Member States to ensure true mainstreaming of LGBTIQ+ rights across all EU policies and to include SOGIESC in anti-discrimination legislation.
  5. Calls on Member States to implement the Directive on equal treatment in employment and occupation, and to expand coverage of all healthcare services, including sexual and reproductive health.
  6. Calls on the Commission and Member States to define and criminalise hate speech, hate crimes and violence motivated by SOGIESC bias, including online.
  7. Calls on the Commission to push Member States to ban 'conversion practices' on the grounds of SOGIESC, and calls for a ban on genital mutilation, forced abortions and forced sterilisations.
  8. Calls for the EU to give access to asylum to LGBTIQ+ persons, including those from so-called safe countries.
  9. Insists that the EU take a common approach to legal recognition of same-sex marriages, partnerships, rainbow parents and legal gender recognition, and that rainbow families have a right to free movement and their children should not be discriminated against in acquiring EU citizenship.
  10. Calls on the Commission to step up data collection on discrimination based on SOGIESC and to use such data in making inclusive public policies.
  11. Calls on the Commission to draw up a new LGBTIQ+ Equality Strategy for 2025-2030 with an implementation plan, mainstreaming structure, resource allocation and a timeline, and to secure a portfolio for an Equality and Diversity Commissioner.

Who is affected

  • LGBTIQ+ persons in the EU, who face discrimination, violence, poverty and barriers to jobs and healthcare.
  • LGBTIQ+ persons seeking asylum in the EU, including trans and intersex persons.
  • Rainbow families, including trans parents and their children, regarding legal recognition, free movement and EU citizenship.
  • Civil society organisations working for LGBTIQ+ rights, which should receive funding and flexible support.
  • LGBTIQ+ human rights defenders, who face stigmatisation and harassment and need protection.

Figures and deadlines

  • The horizontal anti-discrimination directive has been blocked in the Council since 2008.
  • The Commission communication 'Union of Equality: LGBTIQ Equality Strategy 2020-2025' was issued on 12 November 2020.
  • The new LGBTIQ+ Equality Strategy should cover 2025-2030.

Legal basis: Article 2 of the Treaty on European Union (TEU).