Introduction
This new online exhibit explores documents from the European Parliament (EP) between 1987 and 2003 relevant to LGBTQ+ rights. It provides fascinating insights into some of the inner workings of the Parliament, and illustrates the mechanisms citizens have used to make their voices heard at the European level.
The European Union (EU) is founded on core values such as equality and non-discrimination, which are essential elements of its legal framework. The EU treaties, particularly the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU), enshrine the principle of equality and prohibit discrimination based on sexual orientation. Similarly, the EU Charter of Fundamental Rights, which has the same legal value as the treaties, explicitly prohibits discrimination based on sexual orientation (Article 21, Paragraph 1).
The European Parliament, as the representative institution of EU citizens, plays a central role in promoting equality and diversity. For several decades, it has been actively committed to advocating for the rights of LGBTQ+ individuals. Through the adoption of resolutions and monitoring of the EU's internal and external policies, the Parliament has worked to combat discrimination and protect LGBTQ+ rights.
This exhibition highlights the European Parliament's commitment to equality and inclusion, showcasing initiatives to promote LGBTQ+ rights, the decision-making process within the EU, and the role of LGBTQ+ individuals in the workplace. It emphasizes the progress made, the remaining challenges, and the importance of awareness and support for a more inclusive and diverse Europe. The goal is to raise public awareness of the importance of equality and inclusion for all, regardless of sexual orientation or gender identity, and to demonstrate the EU's ongoing efforts to protect the rights of LGBTQ+ individuals.
Declaration Against Discrimination Towards Homosexuals (1988)
This document is a written declaration submitted by Carole Tongue against discrimination towards homosexuals, dated 18 February 1988. Tongue was a former Labour Party Member of the European Parliament (MEP). In this declaration, she deplores discrimination against homosexuals and opposes the 2 February 1988 British Parliament bill, known as "section 28". She argues that the bill would increase discrimination against gay and lesbian individuals, which had been intensifying due to the HIV pandemic. She also calls on the European Commission to provide an overview of the discrimination faced by homosexuals, particularly in the workplace.
Carole Tongue received support from Simone Veil, former President of the European Parliament, whose signature can be found at the bottom of the declaration.
British Bill Based on Discrimination Against Homosexuals (1988)
In this question, Ernest Glinne (1931-2009), former Belgian MEP from the European Socialist Party, defends the rights of homosexuals against the British bill "section 28", which aimed to ban the dissemination or publication of material promoting homosexuality and to prevent teaching that represents homosexuality as an acceptable family relationship. The bill also prohibited local authorities from providing any financial or other support for these activities.
Glinne raises this worrying situation with the Commission, emphasizing that homosexuals risk greater precariousness and increased violence and intimidation. He asks the Commission to support the elimination of this bill in the name of freedom of expression guaranteed by Article 8 of the European Convention on Human Rights and Articles 12 and 13 of the Universal Declaration of Human Rights. The British bill was ultimately adopted on 24 May 1988, and was not repealed until 2003.
Discrimination against Transgender People (1989)
This document is a resolution proposal submitted by Wolfgang von Nostitz, former German MEP, member of the Rainbow Group in the European Parliament, dated 9 February 1989, as requested from the Petitions Committee. This resolution addresses the discrimination faced by transgender individuals in various Member States. This topic has been widely discussed since the late '90s, and still finds resonance today, 30 years later, through its innovative approach to the subject. For example, it calls for full reimbursement of healthcare costs related to gender transition (surgery, psychological support), discusses employment access difficulties for transgender people, and advocates for the simplification of gender marker changes on identity documents.
Wolfgang von Nostitz urges Member States to take necessary measures to end discrimination against transgender people in their countries. This resolution was particularly groundbreaking as, at that time, transgender identity was still considered and classified internationally as a mental illness, a perception that persisted until the 2010s.
Discrimination against Homosexuals Regarding Employment in Member States (1990)
Engaged in advocating for minorities, Glyn Ford raises the issue of discrimination against lesbians and gays regarding free movement. The Schengen Agreement, signed on 19 June 1990, aimed to establish an internal market and free movement of people across the European Community. Ford emphasizes that the lack of legal protections for gay and lesbian individuals in some Member States risks creating obstacles to the implementation of the Schengen Agreement. He asserts that all Member States must align with Articles 48, 49, 100, 100a, and 101 to provide a legal basis prohibiting discrimination against lesbians and homosexuals in the workplace.
Recognition of Civil Unions for Same-Sex Couples (1992)
This resolution proposal, submitted by a group of MEPs on 4 August 1992, aimed to recognize civil unions for same-sex couples. Among these MEPs was Marco Pannella (1930-2016), European Parliament member and leader of the Italian Radicals. This resolution marked the beginning of the fight for marriage equality.
At that time, same-sex unions were neither accepted nor legalized in Europe. These couples faced significant discrimination as they could not form a family, had no inheritance rights in the event of a partner's death, and lacked access to marital property regimes. In the professional domain, same-sex couples were not entitled to pensions, social security, family benefits, partnership recognition, or access to the same health, housing, or other services reserved for heterosexual spouses of civil servants.
Rights of Transgender People (1992)
On 10 April 1992, Alfred Lomas, British MEP from the European Labour Party, posed this written question. During his tenure, Alfred Lomas served on several committees: the Committee on Political Affairs, the Committee on Development and Cooperation, the Committee on Budgetary Control, the Committee on Petitions, and the Committee on Legal Affairs and Citizens' Rights.
In his question, Alfred Lomas emphasized the need to harmonize legislation related to changing the gender marker on identity documents for transgender individuals to facilitate their access to marriage. He also highlighted that possessing an identity document with the old gender marker can expose transgender individuals to discrimination in employment and the workplace. To address this situation, the MEP proposed including transgender individuals in the fight for gender equality at work.
In 2006, the European Union adopted the so-called "recast" directive (2006/54/EC), aimed at consolidating existing provisions on equal treatment between men and women. For the first time in EU law, the third recital of the preamble to this directive explicitly mentioned discrimination based on "gender reassignment."
Discrimination against Homosexual Staff Members in EU Institutions (1996)
In her question dated 31 January 1996, Green Party MEP Patricia McKenna raised the issue of discrimination against homosexual staff members in EU institutions. She highlighted the unequal treatment between homosexual and heterosexual couples in accessing the same rights. At that time, not all Member States recognized same-sex marriage. Consequently, cohabiting same-sex couples could remain together for many years without being able to marry. This lack of marital recognition led to discrimination and deprived them of many rights.
On 22 March 2004, the Council officially amended the Staff Regulations (EC, Euratom No. 723/2004 of the Council of 22 March 2004), modifying the Staff Regulations and the Conditions of Employment of Other Servants of the European Communities. This regulation introduced provisions to ensure equal treatment between homosexual and heterosexual couples by recognizing registered partnerships equivalently to marriages in Member States where these partnerships were legally recognized.
This amendment to the Staff Regulations allowed registered partners to enjoy the same rights and benefits as married heterosexual spouses. It marked a significant step towards eliminating discrimination based on sexual orientation among officials of the European institutions.
Discrimination Based on Sexual Orientation against a Council Official (1999)
This question was posed by Maria Sornosa Martinez, member of the Spanish Socialist Workers' Party, on 17 February 1999.
Her proposal aimed to recognize long-term stable same-sex relationships as unions, thereby offering these couples the same rights as heterosexual couples. This proposal was inspired by the above-mentioned document. In countries where same-sex marriage was not allowed, recognition of same-sex unions would permit access to equivalent rights. Maria Sornosa Martinez's proposed modification was never adopted into the EU's general policy.
Subsidy for the Publication of Two Brochures Entitled "Equality for Lesbians & Gay Men" and "Equal in Law" (1999)
This written question was posed by Thierry de La Perrière, MEP from Rally for France and Independence of Europe (RPFIE), on 13 December 1999.
The brochure "Equality for Lesbians and Gay Men: A Relevant Issue in the Civil and Social Dialogue" aimed to integrate LGBTQ+ issues into civil and social dialogue in Europe. It highlighted the importance of equality for lesbians and gays in various areas, including employment, health, education and legislation. The brochure provided information on the situation of LGBTQ+ individuals in Europe, the challenges they face, and the measures needed to ensure their equality. It also included recommendations for policymakers and social actors.
The brochure "Lesbians and Gays in Employment: Discrimination in the European Union" focused on workplace discrimination faced by LGBTQ+ individuals in the European Union. It aimed to raise awareness among employers, unions and policymakers about this issue. The brochure presented case studies, statistics, and testimonials on workplace discrimination. It also proposed strategies and best practices to promote equality for LGBTQ+ individuals in the workplace.
Conclusion
This online exhibition illustrates the European Parliament's ongoing commitment to equality and non-discrimination for LGBTQ+ individuals. Through exploring adopted resolutions, questions to Parliament, and proposed policies, we witness concerted efforts to combat discrimination and advance LGBTQ+ rights within the European Union.
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