by Joke SWIEBEL (Former MEP and former Chair of the EP Intergroup on gay and lesbian rights)

1. The European Union and LGBT human rights by Joke SWIEBEL (Former MEP and former Chair of the EP Intergroup on gay and lesbian rights) with the help of Christine Loudes (Policy officer ILGA-Europe)

2. Contents • How the EU works Ø     Brochure “How the EU works; Your Guide to the EU Institutions” (June 2005) • Which LGBT human rights issues are on the EU agenda? 3.How to work the EU

3. European Union Part 1. How the EU works The institutional triangle Council Parliament Commission

4. Two important differences with national parliamentary systems • EP does not have final say in all legislation • “Government” cannot be sent home

5. Three pillars • Community matters • CFSP (Common Foreign and Security policy) • Police and judicial cooperation in criminal matters

6. Three Councils • European Council • Council of the European Union • Council of Europe

7. Three decision-making procedures • Consultation • Assent • Co-decision

8. Three roles • 1. legislation • 2. supervision/dialogue • 3. budget • [ 4. platform function] • [ 5. diplomatic function ]

9. Part 2. Which LGBT human rights issues are on the EU agenda? Five political issues or policy areas • discrimination at the labour market • discrimination in other areas • homophobia, violence and hate crimes • partnership issues • LGBT rights as human rights

10. (1) discrimination (on the basis of sexual orientation) in employment: • Legal base (art.13 TEU) is in place • Legislation (Directive 2000/78/EC) is adopted : our crown jewel • National implementation – supposed to be ready December 2005 • Role of Network of legal experts • Role of the Commission as ‘the guardian of the treaties’ • Commission has to present evaluation report • Important for (potential) candidate countries: • Directive is part of acquis communautaire • Progress reports See : Going beyond the law ; promoting equality in employment. ILGA-Europe brochure written by Sheila Quinn and Birgit Hardt (June 2005)

11. (2) discrimination in other social areas (e.g. housing, insurances) • Race Discrimination Directive (Directive 2000/43/EC) does cover discrimination in these areas; • EP: political discussion on the so-called equality hierarchy • EC: feasibility study • Council ? • 2007: European Year of Equal Opportunities for All Important for NGO’s in all countries • reliable data and examples • lobbying

12. (3) protection against homophobia, violence and hate crimes ? • issue is on the EU agenda : recent debates and resolutions in the EP • position EC and Council : competence Member States • Draft Framework Decision on Combating Racism and Xenophobia (2001) • stranded in the Council • proposal EP to extend it to homophobia • doubts about legal base • Role of NGO’s: • - reliable data and examples • - lobbying • - NB : Projects OCSE !

13. (4) partnership issues • - Family law remains competence of member states • - EU only deals with cross-border aspects of family law • Free Movement Directive is adopted (Directive 2004/58/EC) • Registered partnerships recognized in EU law • Implementation before 30 April 2006 • Case law • Evaluation > proposals for improvement? • Part of acquis communautaire See : EU-Directive in Free movement and Same-sex Families; Guidelines on the Implementation Process; ILGA-Europe brochure written by Mark Bell (October 2005).

14. (5) LGBT rights are human rights • The theory: • Human rights are at the basis of EU policies vis a vis third countries; • The EU itself wants to be a ‘community of values’; • The fight against discrimination on the basis of sexual orientation is a human rights issue.

15. (5) LGBT rights are human rights • Recent accomplishments: • LGBT human rights have become part of the Enlargement Agenda (1999-2004); esp. age of consent issue (seen as covered by so-called Copenhagen criteria) • the HR agenda of the European Commission (Buttiglione affair, 2004) • the Foreign Policy agenda ??? • monitoring HR in the EU and in the candidate countries

16. Work to be done LGBT human rights have to find their appropriate place in • the Stabilisation and Association Process (Western Balkans) • the European Neighbourhood Policies (e.g. Ukraine, Moldova) • in policies vis a vis “the rest of the world” • HR clauses in Co-operation Agreements (See ILGA-Europe brochure ‘Rights, not crimes’ (April 2005)

17. Part 3. HOW TO WORK THE EU Take into account: • the issue at stake • EU competent ? • On EU agenda ? • If so, where and how ?

18. Part 3. HOW TO WORK THE EU • stage of the EU decision-making process • research • advice • design • proposal • deliberation • adoption • implementation • supervising of monitoring • jurisprudence

19. Part 3. HOW TO WORK THE EU • What to ask from whom: • who decides about what, when, why and how? • Documentation • go to the original sources • have key document ready in your file • brochures at ILGA-Europe’s website

20. Part 3. HOW TO WORK THE EU • A little help from your friends Make for each action your own little ‘who is who’: e.g.: • EC office in your country • [EP office in your country] • national MP’s • like minded NGO’s • researchers and experts • members of EU networks and groups of experts • MEP’s • Intergroup • Interparliamentary Delegation to your Country • And – not to be forgotten – ILGA-Europe!