[Euroletter 49]
The assumptions underlying this aim are the equality of all citizens, one of the fundamental principles of Community law, and the right not to be discriminated against on the basis of sexual orientation, a basic right of all human beings.
The European Parliament 1994 report and resolution on equality of rights for gays and lesbians in the European Community and the European Commission-sponsored study "Homosexuality, a European Community issue" set out unequivocal evidence as to how strong and deep-rooted discrimination against lesbians and gays and against same-sex relationships still is at various levels of European society and in certain countries and certain regions more than others, and accordingly call for actions, in particular by the Commission, in this field.
The need for action to eliminate sexual orientation-based discrimination was strongly reaffirmed by Parliament in its resolution on human rights in the European Union countries of September 1996, which states that "All discriminations and/or unequal treatment concerning homosexuals must be abolished and in particular persisting differences as to the age of sexual consent and discriminations concerning labour, criminal, civil, contractual, social and economic legislation".
The draft text of the new Treaty under discussion at the IGC must retain its provision prohibiting discrimination on various basis including sexual orientation. Once the new Treaty comes into force, then, the fundamental right not to be discriminated against on the grounds of sexual orientation, already a part of Community law by virtue of Article F of the Treaty and its referral to the European Human Rights Convention and case law, will be clearly and unambiguously enshrined in the Treaty.
The European Commission has affirmed that, as part of its powers under the various Community policies, it implements measures to eliminate all discrimination between individuals on the grounds of sexual orientation (Answer given by the Commission to written question from Parliament E 2040/96, September 1996).
Against this background, this Action Plan sets out an indicative list of initiatives, all with a European dimension and falling within the scope of various EU policies and programmes, which should be undertaken by the Commission without delay.
To create a Forum comprising Commission officials, representatives of gay and lesbian associations from the Member States, of Member State administrations, of the European Parliament.
In the context of the pre-accession strategy, delegates from gay and lesbian organizations and administrations in Central and Eastern European countries would also participate. The participation of other European countries and Mediterranean third countries should be considered whenever issues relevant for these countries are dealt with.
The Forum would discuss gay and lesbian issues under the various Community policies and programmes and make recommendations. It should provide information on national initiatives, assist in the implementation of this Action Plan and monitor its progress.
The Forum would be chaired by the Commission.
The Forum would meet regularly.
How to proceed?
The Commission should provide the necessary financial support to ensure the participation of the various delegates at Forum meetings. The Commission would also establish a Task Force or interservice group with the participation of all Commission services involved. It should provide financial support for the running of the ILGA-Europe Secretariat, which should serve as a contact point for all interested parties, a platform for partnerships and would thus be able to deal efficiently with the various requests for assistance from the member associations.
Among the general public, to increase awareness and visibility of homosexuality issues, as an indispensable precondition for the effective integration of lesbians and gays in society, and to increase recognition of the need for the dignity and rights of the 5-10% of the European citizens who are homosexuals to be fully respected.
Among gays and lesbians, to make them more conscious of their - actual and potential - economic, social, and cultural contribution to society, and of the importance for them that public actions and initiatives should also address their specific needs.
The lack of information on homosexuality in some European countries was painfully evident recently in the identification of homosexuality with paedophilia by certain sections of the public and of the media.
How to proceed?
Through the media and other appropriate channels, to make clear and positive information on lesbians and gays and on homosexuality issues available at various levels of society, with supervision and financial support by the Commission.
Through cooperation with national governments and other organisations dealing with gender and/or human rights issues.
Combat effectively discrimination and violence against homosexuals by including gays and lesbians in Community programmes to fight all forms of racist phenomena (in the wider sense) and of social exclusion.
Specifically in schools: organisation of seminars - on request by individual schools, having informed all schools that technical and financial assistance for such seminars is available from the Commission and from national governments under education and anti-discrimination policies and initiatives.
To assess the situation, both in the Member States and in the countries applying for accession, regarding existing legal, social or economic measures or realities having a discriminatory effect against gays and lesbians.
As regards legislation, the inventory should record all legislative and administrative provisions having a discriminatory element on the basis of sexual orientation (e.g. lack of rules enabling same-sex couples to marry or to enjoy equivalent benefits to marriage; provisions on age of consent for sexual relations; provisions restricting activities of G&L associations; provisions not allowing residence for a same-sex partner who is a foreign national, etc.) as well as the manner and the degree of their actual implementation.
Social and economic realities, as an essential indicator of discrimination, should also be recorded (e.g. statistics on aggressions against gays and lesbians, degree of integration of homosexuals in society, degree of openness of families and work-place on homosexuality, etc.).
Means and timetable for the elimination of discriminatory measures and conditions should also be indicated.
How to proceed?
The Commission should provide the necessary financial support to compile this inventory, which should have the widest possible dissemination (including via the Internet).
To include among Commission initiatives to promote the Information Society, especially those relating to social users, projects addressing specific needs of gays and lesbians.
An example: a Global INVENTORY of existing projects on lesbian and gay issues, Internet-based, aimed at:
establishing an interface for the exchange of information on national and international initiatives on L&G issues
stimulating the exchange of relevant expertise and knowledge between countries with high L&G visibility and integration and those where discrimination is still widespread and which therefore have low visibility and integration. How to proceed?
Pilot projects to be launched with the financial support of the Commission.
To ensure that the situation of lesbians and gays is included in all reports carried out by or under the auspices of the European Commission on human rights in EU member states and third countries.
It is essential that the fundamental right not to be discriminated against on the basis of sexual orientation features fully in all EU documents dealing with human rights in general.
As regards the treatment of homosexuals in third countries, a detailed analysis is required of the situation of homosexuals with the view to the extention of the right of asylum in the EU to nationals of those countries which still persecute their citizens through repressive legislation and practices on the basis of their sexual orientation.
To ensure that the Commission adequately represents in all international human rights fora the need to combat discrimination against homosexuals.
How to proceed?
Establish and maintain regular contacts between ILGA representatives and the responsible Commission officials in order to assist the Commission with the elaboration of human rights reports and analysis in member states and third countries by providing specific data on legislation and practices concerning gays and lesbians.
In the context of cooperation between the EU and Mediterranean third countries (Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, the Palestinian Authority, Syria, Tunisia and Turkey), and ahead of the progressive establishment of a free trade area with the EU, the general objective of this initiative it to encourage the development of civil and democratic societies based on human rights, with specific intiatives being undertaken to eliminate discrimination against homosexuals, both in legislation and in practice.
How to proceed?
The MED Democracy Program should support activities including the creation/strengthening of non-governmental bodies and associations which by their vocation and specific activities aim to guarantee full and equal participation of lesbians and gays in society.
It should also promote participation of local lesbian and gay organizations from the Mediterranean region in the EU lesbian and gay events.
In the context of the pre-accession strategy ahead of accession to the Union of Central and Eastern European Countries post 2000, and of the cooperation programmes between the Union and the NIS, the aim here is to ensure respect for basic rights in the countries concerned, including the right for lesbians and gays not to be discriminated against on account of their sexual orientation (more specifically the right to privacy, to freedom of expression , freedom of association and the right to family life).
Account must be taken of the wide differences regarding gay equality in the various countries (e.g. Hungary provides for "common-law marriage" also for gay people, whereas Romania still has blatantly discriminatory legislation).
How to proceed?
Building on successful existing experience/initiatives on gay rights under the PHARE and TACIS Democracy programmes, the Commission should support activities including the creation/strengthening of non-governmental bodies and associations which by their vocation and specific activities aim to guarantee full and equal participation of lesbians and gays in society.
It should also promote:
In the context of the cooperation programmes with Latin America, Asia and the African, Caribbean, Pacific (ACP) countries, the aim here is to ensure in the countries concerned the respect of fundamental rights including the right for lesbians and gays not to be discriminated against on account of their sexual orientation (more specifically the right to privacy, to freedom of expression , freedom of association and the right to family life).
Account must be taken of the widely divergent circumstances obtaining in different countries. How to proceed?
The Commission should support activities including the creation/strengthening of non-governmental bodies and associations which by their vocation and specific activities aim to guarantee full and equal participation of lesbians and gays in society.
It should also promote:
the participation of local lesbian and gay organizations from the countries concerned in European Union lesbian and gay events.
the development of networks linking local gay and lesbian organisations with EU organisations.
Commission funding of documentary films and programmes should also cover documentaries on gay issues and gay history in Europe.
The possibility should be explored of creating contact networks for gay press and broadcasting entities throughout the EU.
How to proceed?
The Commission should provide financial support for the above initiatives.
Commission cultural support should also include support for international European gay cinema or theater festivals, etc. and for innovatory gay-friendly cultural events generally.
How to proceed?
Establish contacts and develop specific projects in cooperation with the responsible Commission officials, in particular under the Kaleidoscope programme.
Information also available from:
To include gay and lesbian parameters/issues as themes in Commission research programmes, in particular under the specific programme for socio-economic research, international cooperation, mobility of researchers and dissemination of results.
How to proceed?
Develop contact between the Commission and centres for gay and lesbian studies and G&L organisations to develop specific projects; mention sexual orientation-related themes, where relevant, in calls for proposals.
To create a European network of lesbian and gay higher education/university student associations in order to exchange knowledge and experiences between the different European realities, so that the achievements in certain EU countries may benefit those countries and regions where lesbian and gay student organisations are least developed.
To build up on existing experiences, in particular through cooperation with the International Lesbian and Gay Youth Organisation - IGLYO.
How to proceed?
Establish contacts with Commission officials responsible for initiatives in the field of education and youth in order to formalise the initiative, whose focus should be on student exchanges, exchange of information , development of joint specific projects.
Information also available from:
It would appear that in spite of widespread information on AIDS, willful unsafe sexual practices, as self-destructive forms of behavior (analogous with drug abuse), persist, especially among young gays.
It is clear, as far as young gays are concerned, that the most important single reason for self-destructive unsafe sexual practices is interiorisation of the perspectives of a hostile society coupled with a lack of positive images of gays and gay couples. This element should be taken into account when designing actions on AIDS prevention.
Prevention - primary as well as secondary prevention measures - should, when targeting specifically young gays, focus on actions including:
Intensify the efforts under Community initiatives to prevent and combat AIDS to deal more specifically with the situation of young male gays.
To provide sponsorship and support to "Pride" events (which celebrate yearly the birth of the gay and lesbian liberation movement) having a European dimension.
How to proceed?
The Commission should provide support for these initiatives through appropriate contacts with the organisers' committees. In particular, adequate information should be provided during these events on various EU initiatives to promote non discrimination for gays and lesbians.
Information available also from:
Older gays and lesbians have many specific problems. They are at greater risk of social isolation than the average citizen and of violent attack. Statistics also show that, on average, their health is poorer and they are more prone to addition and suicide.
The objective here is to address those special concerns and needs. To address special concerns and needs of elderly gays and lesbians, including through pilot projects.
How to proceed?
The Commission should ensure that its planned White Paper on older people's issues adequately deals with the specific needs of older gays and lesbians.
It should also provide financial and technical support for all forms of non-commercial social activities and associations aimed at older gays and lesbians, and all measures that will contribute to their safety and psychological and physical well-being.
Information also available from:
Schwulenverband in Deutschland (SVD)e.V., Gay and Gray Postfach 103414, D 50474 K”ln, Germany Fax +49 221 925961-11, Tel. 925961-0
To help the creation and strengthening of associations of gays and lesbians with disabilities and foster the building of links between these associations in Europe.
The United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities state, in relation to family life and personal integrity, "that States should promote the full participation of persons with disabilities in family life. They should promote their right to personal integrity and ensure that laws do not discriminate against persons with disabilities with respect to sexual relationships, marriage and parenthood.."
Within the boundaries of Community initiatives and programmes for disabled persons, the above principles should be fully applied to gays and lesbians with disabilities.
A forum study group to provide an overview of the special situation of disabled lesbians and gays should be set up.
How to proceed?
The Commission should provide all the necessary technical and financial assistance to ensure the above objectives.
To improve life conditions for lesbians and gays living in rural or small urban environments, through the dissemination of information on homosexuality, and the promotion of positive images, etc.
Activities should cover:
The Commission should include homosexuality-related projects under the themes for social and regional assistance.
The aim is to support lesbian women and give them skills to improve their position in society, in particular in those countries and regions where lesbian groups and organizations are least developed. Greater lesbian visibility in society will create role models and promote knowledge and understanding of the lesbian lifestyle. Better selfawareness will come through meeting others in a comparable situation, common interests will be identified, and a real choice of lifestyle will emerge.
How to proceed?
Commission support for the development of a network linking lesbian associations throughout Europe, also so that regions where such associations are less developed can benefit from contact with more advanced situations. The objective of this network will be twofold.
A first objective will be to improve access to information including training lesbians in communication and communication skills. A second objective is to improve organisational skills including expertise and know-how in setting up activities and keeping them running.
Activities include:
To achieve family-member treatment for a homosexual partners from other Member States or from non-EU countries in the context of the Union's social and immigration policies.
How to proceed?
Ensure that an in-depth analysis of the problems occasioned for homosexuals from incomplete application of Articles 3 and 48 of the EC Treaty is carried out by the Commission services, with the assistance of organisations dealing specifically with these issues.
Analysis of differences in legislation and case law in Member States and non EU European countries in the context of cooperation on visa/immigration policies.
Adequate treatment of this problem should be ensured in the Report of the High Level Group on free movement of persons, if necessary through an addendum.
Information also available from:
Sport has proved a very successful vehicle for integration of people of different nationalities, race, sex, age, etc. and also sexual orientation. Sport events such as the yearly gay EUROGAMES and the four-yearly GAY GAMES, as well as various European tournaments in different disciplines, organised by lesbian and gay associations, make a major contribution to enhancing self-esteem in the gay and lesbian community; combating discrimination against lesbians and gays and promoting a positive image of homosexuality in the wider public.
How to proceed?
The Commission should provide support and sponsorship for sports events having a European dimension and organised by and with the participation of lesbian and gay sports organisations
Information also available from:
To develop a Europe-wide network of documentation centres on lesbian and gay studies, whether autonomous or linked to larger library or archive facilities, and to encourage the development of such centres in different countries and regions.
How to proceed?
The Commission should provide financial support to the initiative.
A growing number of employers, both in the public and private sectors, grant the same or equivalent benefits as accorded to the spouses of employees to the same-sex partners of employees, on the basis of a declaration of partnership by the couple concerned.
Compiling a list of employers providing equal opportunity for employees in same-sex partnerships, updating it regularly and publicising it through the press and media, will greatly contribute to promoting non-discrimination vis … vis homosexuals.
How to proceed?
The relevant Commission services should draw up this list in collaboration with lesbian and gay associations and with the sections of trade unions dealing with equal rights for homosexuals.
To create a Forum for cooperation between trade unions in Member States and in non EU European countries on equality of treatment for homosexuals in the work place. A key role here will be played by the Conference, to be held in Amsterdam in July 1998, on `Trade Unions, Homosexuality and Work', and by the committee currently preparing this Conference.
To different degrees, lesbians and gay men still face discrimination and prejudice in the work place. Many employers discriminate against lesbians and gay men in all aspects of work - recruitment, promotion, dismissal and working conditions. Combating such discrimination is in line with the vocation of trade unions to work for the improvement of working conditions for all workers and the promotion of social and economic justice.
The Forum's aims are to:
The Commission should provide financial assistance to set up the Forum, in particular by supporting both the preparation and the organisation of the above-mentioned Amsterdam Conference.
Information also available from:
To establish a European network of gay and lesbian professional and business associations operating at national, regional and local level.
To create a data bank on constraints and problems typically encountered by gays and lesbians in business in general or specific sectors or specific geographical areas.
To provide an environment in which gay and lesbian business owners and professionals can gain from each others' experience. Gay and lesbian businesses are in a unique position within the homosexual community to respond, directly and indirectly, to the social, political and health concerns of the community.
To foster in particular the creation of European thematic networks, i.e. networks encouraging and bringing together national groupings/associations in the different countries of gay and lesbian lawyers, psychologists, managers, etc.
How to proceed?
Commission financial support should be available within the framework of existing Community programmes, in particular for SMEs.
Information also available from:
 Page France QRDILGA Euroletter Issue 49
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