Sittings · Document
Follow up to the European Parliament non-legislative resolution on the implementation of the EU LGBTIQ Equality Strategy 2020-2025
Rapporteur: José GUSMÃO (The Left / PT)
Reference numbers: 2023/2082 (INI) / A9-0030/2024 / P9_TA(2024)0076
Date of adoption of the resolution: 8 February 2024
Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)
Brief analysis/ assessment of the resolution and requests made in it:
In the resolution, the Parliament welcomes the Commission’s LGBTIQ Equality Strategy 2020-2025, and its recent progress report, and notes the Commission’s commitment to support the Member States in their implementation of the Strategy.
Overall, it 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.
Therefore, it calls on the Commission to draw up a new LGBTIQ+ Equality Strategy for 2026-2030 and to ensure that the next Strategy is driven by a more robust instrument, accompanied by a target-oriented implementation plan, a strong mainstreaming structure and resource allocation; to include a timeline and milestones ensuring the monitoring, evaluation, accountability, and learning processes. It also calls on all Member States to adopt national LGBTIQ+ action plans and strategies until 2025.
As regards specific legislation, the Parliament reiterates its call on the Council to agree on a decision to extend the list of EU crimes in Article 83(1) TFEU to hate speech and hate crime, which would allow for establishing minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States. The Parliament also expresses its support for the Commission’s proposal for a 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.
The Parliament also deplores the fact that the horizontal anti-discrimination directive has been blocked in the Council since 2008.
Finally, the Parliament calls on the Commission to secure a portfolio for an Equality and Diversity Commissioner in the next term and encourages the introduction of an LGBTIQ+ rights coordinator in the EU Commission.
Response to the requests in the resolution and overview of the action taken, or intended to be taken, by the Commission:
The Commission welcomes the resolution and the assessment of the European Parliament on the implementation of the LGBTIQ Equality Strategy 2020-2025. The Commission fully shares the objective to further advance LGBTIQ rights in the EU and beyond.
Moreover, the Commission shares the Parliament’s concern about the discrimination and violence suffered by LGBTIQ people in the EU. The LGBTIQ Equality Strategy presents several initiatives to ensure that LGBTIQ people can live in safety, exercise their rights and fully realise their potential. For instance, in December 2021, the Commission presented an initiative for the adoption of a Council decision (at unanimity with the consent of the European Parliament) to extend the list of ‘EU crimes’ (Article 83 TFEU) to include hate crime and hate speech. The Commission will continue to encourage a swift adoption of the aforementioned Council decision.
In addition, to step up EU efforts to fight hatred in all its forms, including against LGBTIQ people, in December 2023, the Commission and the High Representative adopted a Joint Communication on “No place for hate: a Europe united against hatred". The Communication aims to reinforce action across a variety of policies. These include stepping up the work on combating hate speech online through an upgrade of the Code of conduct to be agreed with major online platforms.
In line with the Parliament’s resolution, the adoption of the Equal Treatment Directive remains a priority for the Commission. The directive would fill an important gap of the EU legislation on non-discrimination by extending protection against discrimination on the basis of religion or belief, disability, age or sexual orientation beyond the area of employment and vocational training. The Commission welcomes the support of the previous and current Council Presidencies to give a new impetus to this important file.
The Commission welcomes the Parliament’s support, indicated in the resolution, on the Commission’s proposal for a regulation on the recognition of parenthood between Member States, which is in also line with the Parliament’s positive opinion of 14 December 2023. The Commission remains committed to facilitating the ongoing negotiations in the Council.
With regards to trans, non-binary and intersex people, the Commission is committed to building a Union where they can live free from discrimination and fully exercise their rights. In November 2022, the Commission organised a meeting of the LGBTIQ Equality Subgroup around the topic of accessible legal gender recognition legislation based on the principle of self-determination. While this issue is a matter of national competence and falls outside the scope of EU law, the Commission will continue to foster best practice on the recognition of trans identities, based on the principle of self-determination and without age restrictions.
The Commission takes note of the Parliament’s call to draw up a new LGBTIQ Equality Strategy for 2025-2030, to secure a portfolio for an Equality and Diversity Commissioner in the next term and to introduce an LGBTIQ rights coordinator. The Commission is currently assessing the implementation of the LGBTIQ equality strategy, which has reached its mid-term. The mid-term review of the strategy will assess how the situation of LGBTIQ people has evolved since it was adopted, the progress made, and which areas require more focus to fully implement the strategy by 2025. The Commission plans to adopt it in the second quarter of 2024.
Finally, the Commission agrees that the Member States play a key role in fostering LGBTIQ equality. Therefore, in the LGBTIQ equality strategy, the Commission encouraged them to adopt national action plans. In May 2021, the LGBTIQ Equality Subgroup was set up under the High-Level Group on Non-discrimination, Equality and Diversity to enhance implementation of the strategy. The Subgroup prepared the Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality to support Member States’ efforts to advance LGBTIQ equality. The Commission will continue to support the Member States in the design, monitoring and implementation of their national action plans under the LGBTIQ Equality Subgroup.