Open letter to the Legislative Assembly of St Petersburg: Don’t limit freedom of expression
November 17th, 2011
The Legislative Assembly of Saint Petersburg is about to adopt a regional law that will ban the ‘propaganda of sodomy, lesbianism, bisexualism and transgenderism, and pedophilia to minors’. The Intergroup wrote to them today, urging them to amend the law and uphold human rights in Russia.
To: Mr Vadim Tulpanov, Chairman of the Legislative Assembly
Concerns: Law restricting freedom of expression in Saint Petersburg
Strasbourg, 17th November 2011
Dear Mr Chairman,
We understand that the Legislative Assembly of Saint Petersburg has adopted a Bill on the introduction of changes to certain legislative acts in St. Petersburg concerning administrative offences. The Bill notably relates to the ‘propaganda of sodomy, lesbianism, bisexualism and transgenderism, and paedophilia to minors’. It was introduced by United Russia, and adopted yesterday.
As we understand it, the law will make it illegal to mention homosexuality, bisexuality and transgenderism in all printed, broadcast and publicly available media. Making this information available will lead to administrative penalties and fines. As the act of ‘promoting’ is not defined, the broad and imprecise language used in the adopted legislation will leave both the space and the opportunity for arbitrary interpretations of the bill, censoring any information on sexual orientation or gender identity in the public sphere.
We are deeply concerned that this legislation combines homosexuality, bisexuality and transgenderism into one law with paedophilia. This universally recognised misrepresentation conflates legal acts between consenting adults and crimes against minors. It misleads the public into believing that they equate each other, whilst it is clearly not the case. We also recall that in 2006, the Supreme Court of the Russian Federation advised against the adoption of a federal Bill criminalising the ‘propaganda of homosexuality’, as “committing [sodomy and lesbianism] by mutual consent do not form any crime or administrative offence”.
Russia is a party to both the European Convention on Human Rights and the International Covenant on Civil and Political Rights. These binding treaties make clear, under Articles 10 and 19 respectively, that the freedom to receive and impart information cannot be limited, except under the ambit of public order. The jurisprudence of the European Court of Human Rights and positions of the UN Human Rights Committee clearly state that ‘public order’ or ‘public morals’ may not be invoked to justify the silencing of minorities. The Constitutional Court of Poland also highlighted that ‘public morality’ is not the same as the moral views of the legislator.
In addition, the Council of Europe´s Committee of Ministers—including the Russian Federation—unanimously adopted a recommendation to Member States ‘on measures to combat discrimination on grounds of sexual orientation or gender identity’. The Recommendation asks Member States to “take appropriate measures to prevent restrictions on the effective enjoyment of the rights to freedom of expression [...], for example on grounds of public health, public morality and public order” (§ 16), in accordance with Article 10 of the European Convention on Human Rights.
Furthermore, the Council of Europe’s Commissioner for Human Rights insisted in his June 2011 report that “any discriminatory provision criminalising the dissemination and diffusion of factual information concerning sexual orientation and gender identity should be abolished”.
As a result, we express deep concern that the law breaches several of Russia’s obligations under binding international human rights law, and that both this law and other similar laws recently enacted (in the Russian regions of Ryazan and Arkhangelsk, in Lithuania, and soon in Ukraine) will be found to breach the European Convention on Human Rights by the Strasbourg court.
We respectfully call on you to uphold Russia’s commitment to human rights for all its citizens, without discrimination. We hope you will amend the law so as to refer only to the propaganda of paedophilia, a heinous and reprehensible crime.
We hope our concerns will be received openly and considered in good faith.
On behalf of the European Parliament’s Intergroup on LGBT Rights,
Yours sincerely,
Michael Cashman MEP, S&D
Ulrike Lunacek MEP, Greens/EFA
Sophie In’t Veld MEP, ALDE
Dennis de Jong MEP, GUE/NGL
Sirpa Pietikäinen MEP, EPP
Raül Romeva i Rueda MEP, Greens/EFA
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Tags: freedom of expression, russia
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European Parliament disapproves of new Hungarian constitution
July 5th, 2011
Today the European Parliament adopted a resolution on the revised Hungarian constitution. Recalling Hungary’s obligations under international human rights law, the Parliament noted that the new Basic Law of Hungary fails to outlaw discrimination on the basis of sexual orientation.
Citing widespread criticism of the new constitution by international bodies and human rights organisations , the European Parliament adopted a non-binding resolution which calls on Hungarian authorities to amend the new constitution, or adopt ordinary laws to protect human rights universally.
Notably, the text asks Hungary to “guarantee equal protection of the rights of every citizen”, and further “explicitly protect in the new Constitution all fundamental civil and social rights in line with Hungary’s international obligations, ban the death penalty, life imprisonment without parole and discrimination on the basis of sexual orientation, provide sufficient guarantees concerning the protection of fundamental rights, and make it clear that fundamental rights are acquired at birth and are unconditional”.
The Intergroup on LGBT Rights had previously warned that the draft constitution failed to protect LGBT people’s rights; proposed a restrictive definition of ‘family’; and potentially affected women’s sexual health and rights.
Tags: anti-discrimination, european council, hungary, women's rights
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Priority question to the Commission and Council: Hate violence at Split Pride in Croatia
June 16th, 2011
Today the Co-Presidents of the LGBT Intergroup tabled two priority written questions on the recent violence at Split Pride in Croatia, and how these would influence accession negotiations with Croatia.
Both questions recall the facts:
Initial reports point to police forces being unprepared, and not adequately protecting pride participants when they were attacked. The police does not appear to have had any intelligence on a gathering of at least 2,000 people, which was not spontaneous. The weeks leading to the event saw Split covered in hateful graffiti, and threats were made, including on Facebook where a few thousand people joined a hateful group inciting violence against pride participants.
Although Croatian President Ivo Josipovic and Prime Minister Jadranka Kosor both condemned the violence, no other action than charging some of the arrested protestors was announced. Afterwards, the Mayor of Split even blamed pride organisers for what happened.
On 10 June, the European Commission proposed to the Council closing the remaining four chapters of accession negotiations with Croatia, including the ‘Justice and Fundamental Rights’ chapter (MEMO/11/397).
The European Commission is responsible for bringing countries ‘up to speed’ on EU standards and legislation. Once it considers this is the case, it proposes that the European Council allow the country to join the EU by a unanimous decision of all existing Member States. The European Parliament must then validate this decision.
The question by Ulrike Lunacek MEP to the Council of the European Union asks:
How will the Council convey its concern over these events to Croatian authorities?
How will these events in Split be taken into account by the Council in accession negotiations with Croatia?
Will the Council press for stricter monitoring mechanisms, both by the Commission and domestically, for the implementation of reforms especially in relation to Chapter 23?
The question by Michael Cashman MEP to the European Commission also asks:
How will the Commission convey its concern over these events to Croatian authorities?
How will these events in Split be taken into account in accession negotiations with Croatia, as well as monitoring developments and implementing reforms in Croatia?
Will the Commission press for the implementation of a monitoring mechanism as suggested by a platform of 15 non-governmental organisations, which intends to implement such a monitoring mechanism based in the Croatian Parliament, in order to ensure transparency?
Each institution must answer the questions within a delay of three weeks.
Read more:
- Priority question from Michael Cashman to the European Commission: question / answer
- Priority question from Ulrike Lunacek to the Council of the EU: question / answer
Tags: croatia, enlargement, european commission, european council, hate violence
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European Parliament calls on Russia to authorise gay prides
June 9th, 2011
Today the European Parliament adopted a resolution on the EU-Russia Summit in Nizhny Novgorod on 9-10 June 2011. The text expresses regrets that the gay pride was banned for the sixth consecutive year in Moscow, and reminds Russia of its obligations under the European Convention on Human Rights.
The Moscow Pride march of 28 May was violently stopped by police forces, Russian Orthodox activists, and skinheads who appeared to have the support of policemen. About 30 people were arrested for taking part in the march.
Russia flouted a European Court of Human Rights judgement in Alekseyev v. Russia (October 2010), forcing Russia to pay financial compensation, and enjoining the Federation to authorise future gay prides.
The resolution asks European Union diplomats, including High Representative for Foreign Affairs Catherine Ashton, to make full use of the Toolkit to Promote and Protect the Enjoyment of All Human Rights by LGBT People.
17. Regrets that, contrary to Russia’s obligations as a member of the Council of Europe to uphold freedom of assembly, peaceful citizens’ gatherings continue to be banned and violently dispersed, including a gay pride march in Moscow for the sixth consecutive year, disregarding a final ruling made in April 2011 by the European Court of Human Rights; expects EU delegations and diplomats to actively implement the Toolkit to Promote and Protect the Enjoyment of All Human Rights by LGBT People in the future;
The Intergroup on LGBT Rights also sent two letters to Catherine Ashton, asking her to continue voicing concern about LGBT rights in Russia on behalf of the EU.
Tags: freedom of assembly, LGBT toolkit, pride, russia
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Response to the parliamentary question on the effective use of the LGBT Toolkit
May 20th, 2011
The Hungarian Presidency of the Council of the European Union, the body representing all 27 EU governments, has responded to a written question on the effective use of the LGBT Toolkit. Adopted in June 2010, the Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT) People is a central tool to encourage the decriminalisation of homosexuality, combat discrimination, and assist LGBT human rights defenders in third countries.
Response given by the Council:
The implementation of the Toolkit is, and will continue to be, kept under review by Council bodies, but there are no formal reporting requirements.
The Toolkit has been distributed to all EU Delegations and has been translated into all EU languages, as well as more recently into Arabic, Russian and Chinese. An introduction to LGBT rights is now an integral part of EEAS human rights training.
As far as EU Delegations are concerned, the EU will work through the human rights country strategies (currently under development) to ensure that LGBT issues are identified among the human rights issues in relation to the three priority areas (decriminalisation, equality and non‑discrimination, and support and protection for human rights defenders) in countries where they are most problematic.
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Tags: decriminalisation, european council, LGBT toolkit
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Response to the parliamentary question on promoting equality for transgender people
May 4th, 2011
Viviane Reding, Vice-President of the European Commission in charge of justice, fundamental rights and citizenship, answered a written question on funding transgender organisations working in the EU.
Answer given by Viviane Reding:
The Commission recognises the importance of supporting the promotion of equality for transgender people. The Strategy on Equality between Women and Men 2010-2015 foresees to study the specific issues pertaining to sex discrimination in relation to gender identity.
Through the programme PROGRESS, the Commission has allocated funding for the running and operational costs of the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). This has allowed ILGA to develop some activities in support of the rights of transgender people, and to contribute to strengthening the capacity of civil society organisations who are promoting their rights.
The Commission has also recently launched a study on “Discrimination against trans and intersex people on the grounds of sex, gender identity and gender expression”. When the results of this study are available, the Commission will look at the appropriate follow up.
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Tags: european commission, transgender
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Open Letter to Moldovan Parliament: “Adopt the anti-discrimination law”
March 22nd, 2011
The Parliament of the Republic of Moldova is currently examining a bill on anti-discrimination. The draft law would forbid discrimination on several grounds, including sex and sexual orientation. Following the inflammatory visit of a US evangelical trying to discredit the bill, Members of the European Parliament have written to Moldovan MPs, urging them to adopt the law.
To: Members of the Parliament, Parlamentul Republicii Moldova
Concerns: Support for an inclusive anti-discrimination law
Brussels, 22nd March 2011
Dear Member of Parliament,
We are very pleased to learn that an inclusive anti-discrimination bill prohibiting discrimination on the grounds of religion, nationality, ethnic origin, language, colour, sex, age, disability, sexual orientation, political opinion and social status is currently under consideration by the Parliament of the Republic of Moldova. Such a bill will greatly improve the social inclusion of vulnerable groups, among which lesbian, gay, and bisexual people.
Equality and non-discrimination are fundamental values to the European Union. EU law indeed contains provisions against discrimination at all levels, including in binding European Treaties and Directives (for example in the Charter of Fundamental Rights, or in the EU employment framework directive of 2000). These texts prohibit discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. We applaud new draft legislation in Moldova in this area, which brings Moldova closer to the laws and values of the European Union and forms an important part of the Moldova-EU agreement action plan (including the National Human Rights Action Plan for 2004-2008 adopted by Parliament, as well as the EU-Moldova visa roadmap which specifically mentions non‑discrimination, including on grounds of sexual orientation).
The relevance and necessity of adopting this bill cannot be underestimated, and we collegially urge the Moldovan Parliament to adopt it, without any amendments undermining international and European legal anti-discrimination standards for all of the aforementioned grounds.
We are convinced the adoption of an inclusive anti-discrimination law will reflect favourably upon the relationship between Moldova and the EU in the context of the EU neighbourhood policy.
Yours sincerely,
Marije Cornelissen MEP, Greens/EFA
Michael Cashman MEP, S&D
Ulrike Lunacek MEP, Greens/EFA
Sophie In’t Veld MEP, ALDE
Rui Tavares MEP, GUE/NGL
Sirpa Pietikäinen MEP, EPP
Raül Romeva i Rueda MEP, Greens/EFA
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Tags: anti-discrimination, EU neighbourhood policy, moldova
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Parliamentary question to the Council: Effective use of the LGBT Toolkit
March 14th, 2011
Today seven Members of the European Parliament asked the Council how the Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT) People has been used so far. The Toolkit was adopted in June 2010, and was officially welcomed by the European Parliament.
Written parliamentary question to the European Commission by:
- Michael Cashman (UK, S&D)
- Sophie in’t Veld (Netherlands, ALDE)
- Ulrike Lunacek (Austria, Greens/EFA)
- Sirpa Pietikäinen (Finland, EPP)
- Raül Romeva i Rueda (Spain, Greens/EFA)
- Rui Tavares (Portugal, GUE/NGL)
- Heidi Hautala (Finland, Greens/EFA; Chair of the Subcommittee on Human Rights)
On 17 June 2010, the Working Party on Human Rights adopted the Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT) People.
We unanimously commend the Working Party for this important work in helping decriminalise homosexuality worldwide, advance equality and non-discrimination in third countries, and provide assistance to human rights defenders working on LGBT issues—aims unanimously shared across the European Union.
Has the Political and Security Committee taken note of the Toolkit following communication 11179/10 from the Working Party?
Since the adoption of the Toolkit, how has it been used in effect by EU delegations to help promote and protect the enjoyment of all human rights by LGBT people in third countries? Can the Council share examples of good practice?
Will the Working Party on Human Rights report on the effective use and implementation of the Toolkit?
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Tags: decriminalisation, european council, LGBT toolkit
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European Parliament: Situation of lesbian, bisexual and transgender women deserves specific attention
March 8th, 2011
In its just-adopted 2010 report on equality between women and men in the European Union, the European Parliament said the situation of lesbian and bisexual women, as well as that of transgender people, deserves specific attention.
The report examines issues of gender equality in the European Union for the year 2010. Two paragraphs (originally put forward by the Greens/EFA group) take particular notice of the situation for sexual and gender minorities.
With this text, the European Parliament “calls on the Member States and the Commission to pay particular attention to vulnerable groups of women: disabled, elderly, immigrant, lesbian, bisexual and transgender, and minority women and women who have little or no training and are responsible for dependants, all of these being specific groups in need of measures tailored to their circumstances”.
The Parliament also ”notes that transgender people remain a highly marginalised and victimised group facing a high degree of stigmatisation, exclusion and violence, as reported by the Fundamental Rights Agency“. The Parliament goes on to “strongly encourages the Commission and the Member States to follow the Agency’s recommendations for stronger and clearer protection against discrimination on grounds of gender identity”.
In another just-adopted resolution on reducing health inequalities, the European Parliament called on Member States to “take the necessary measures, in relation to access to assisted reproductive technologies (ART), to eliminate discrimination against women on the grounds of marital status, sexual orientation or ethnic or cultural origins”.
Tags: transgender, women's rights
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Parliamentary question to the Commission: Support to promote equality for transgender people
March 4th, 2011
Today ten Members of the European Parliament asked the European Commission whether it planned to provide funding specifically to transgender organisations working in the EU, as well as at the national level in Member States.
Written parliamentary question to the European Commission by:
- Michael Cashman (UK, S&D)
- Marije Cornelissen (Netherlands, Greens/EFA)
- Sophie in’t Veld (Netherlands, ALDE)
- Ulrike Lunacek (Austria, Greens/EFA)
- Eva-Britt Svensson (Sweden, GUE/NGL)
- Antonyia Parvanova (Bulgaria, ALDE)
- Sirpa Pietikäinen (Finland, EPP)
- Raül Romeva i Rueda (Spain, Greens/EFA)
- Rui Tavares (Portugal, GUE/NGL)
- Britta Thomsen (Denmark, S&D)
The 1996 P v S and Cornwall County Council judgment by the European Court of Justice affirmed that the principle of equal treatment between women and men enshrined in “the directive [76/207/EEC] precludes dismissal of a transsexual for a reason related to a gender reassignment.” Since then, this decision has been included as a guiding principle in the scope of the Gender Goods and Services Directive, recital 3 of the Gender Recast Directive, and has guided the inclusion of gender identity under the European Union Strategy for equality between women and men 2010-2015.
However, in spite of the above legislative framework, transgender people remain one of the communities facing the most discrimination within the European Union. In its 2010 report Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity, the Fundamental Rights Agency stated:
“While there is evidence to suggest that there is (albeit slow) progress towards better understanding of issues surrounding gender identity, this does not necessarily translate into improvements in the position of transgender people. They remain a marginalised and victimised group, which faces a high degree of stigmatisation, exclusion, and violence.” (p. 13)
Will the Commission allocate any earmarked funds to organisations working for equality and the fundamental rights of transgender people as part of current and future PROGRESS funding?
Will the Commission allocate funds to projects and initiatives promoting equality for transgender people at the national level?
Tags: european commission, transgender
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