Strasbourg court rules refusal to recognise residence rights same-sex partner discriminatory
July 4th, 2016
Thursday, the European Court of Human Rights ruled in Taddeucci and McCall v Italy, that the refusal to grant one partner in a same-sex couple a residence permit violated their rights under the European Convention on Human Rights, particularly Article 14, prohibition of discrimination, taken with Article 8, respect for family life.
The case got to the Court when Italian authorities and courts refused the application for residence on family grounds of Mr McCall, a New Zealand national, arguing they were not ‘spouses’ under Italian law.
The Court noted that the refusal to grant Mr McCall a residence permit had meant that he was legally obliged to leave Italy. That fact had prevented the couple from continuing to live together in Italy and violating respect for family life, as guaranteed by Article 8.
The Court also pointed out that the situation of the couple could not be understood as comparable to that of an unmarried heterosexual couple, as there was no way to obtain any other form of legal recognition of their situation in Italy. At the time of the application Italy did not yet have civil union legislation.
Daniele Viotti MEP, Co-President of the Intergroup on LGBTI Rights, reacted: “The case of this couple illustrates very practically what kind of discriminatory barriers same-sex couples run into in Europe. Simply receiving a residence permit allowing you to be with your loved one, was made impossible and has indeed forced them to leave Italy over its refusal to recognise their right to family life.”
“In this regard I strongly welcome the Court’s ruling which confirms that everyone has the right to be with the one they love, irrespective of whether it concerns a same-sex couple or an opposite-sex couple.”
Sophie in ‘t Veld MEP, Vice-President of the LGBTI Intergroup, added: “While for Italy this ruling does not mean a big change anymore now that they’ve adopted civil union law, I believe this ruling sets a tremendously important precedent.”
“It means that all countries in the Council of Europe, from Norway to Azerbaijan and from Portugal to Finland have to ensure that international same-sex couples rights to a residency permit.”
“It is now time for the Commission and Member States to take their responsibility and set a long overdue EU framework for mutual recognition of civil status documents, including rights attached to marriage and registered partnerships, as called for by Parliament repeatedly. They cannot turn a blind eye, and leave it to the courts to compensate for their lack of courage. We urge the Commission to put forward proposals as soon as possible.”
Read more
- Read the Court’s press release
- Read the full judgment
- Read previous posts on the European Court of Human Rights
- Read previous posts on freedom of movement
Tags: european court of human rights, freedom of movement
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Irish trans activist Lydia Foy receives European Citizen’s Prize 2015
October 15th, 2015
Yesterday, the European Parliament handed out the European Citizen’s Prize to Lydia Foy, an Irish transgender woman who fought for legal gender recognition.
![20150610PHT65003_original[1]](/wp-content/uploads/2015/10/20150610PHT65003_original1-185x254.jpg)
Since 2008, the prize has been awarded to citizens or organisations who contribute to promoting better mutual understanding and closer integration between citizens or to facilitating cross-border or transnational cooperation within the EU. Lydia is one of the 48 citizens who have been awarded the prize this year.
Lydia Foy is an Irish transgender woman notable for leading legal challenges regarding gender recognition in Ireland. In March 1993 she applied for a new birth certificate to reflect her gender, which she was refused.
She started a 20-year battle to have her birth certificate reflect her gender identity.
In July this year, the Irish Parliament adopted a new Gender Recognition Law based on self-determination.
Tags: european parliament, transgender
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Plenary summary: violence LGBTI people Iraq, Syria; EU Fundamental Rights mechanism
February 13th, 2015
During its first February Plenary session, the European Parliament adopted a report calling for an LGBT non-discrimination clause in a future agreement with ACP states; it called on the EU and Member States to step up efforts to counter anti-LGBTI violence in Iraq and Syria, and debated fundamental rights and the rule of law in the EU.
LGBT non-discrimination clause in future EU-ACP Agreement
On Wednesday, the European Parliament adopted a report in which it condemns laws criminalising LGBTI people, and calls for inclusion of non-discrimination on the basis of sexual orientation and gender identity in a future agreement with African, Caribbean and Pacific (ACP) states.
Read our earlier press release here.
EU to step up efforts on violence against LGBTI people Iraq, Syria
Yesterday, the parliament adopted a resolution on the humanitarian crisis in Syria and Iraq, particularly in the IS context. The resolution also addresses the violence against LGBTI people.
The parliament emphasises that the situation of LGBT people is particularly vulnerable, as they mostly lack, family and community support and government protection, and recognises that their safety remains at risk in refugee communities or in certain host societies.
Accordingly, the parliament calls on the EU an Member States to step up efforts to protect LGBTI people in line with the EU Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex persons.
MEPs debate mechanism to protect fundamental rights in EU
On Wednesday, parliamentarians debated with the Commission about the need for a mechanism to enforce and protect fundamental rights and the rule of law within the EU.
Whereas in its foreign policy, the EU has a strong focus on human rights, in many cases it lacks the instruments to act if internally Member States violate its core values.
Fundamental Rights Commissioner Frans Timmermans emphasised many tools already exist, including last year’s EU Rule of Law Framework, and announced an annual colloquium on fundamental rights.
Ulrike Lunacek MEP, Co-President of the LGBTI Intergroup, focused on the rights of LGBTI people in her intervention.
Tags: charter of fundamental rights, iraq, LGBTI guidelines, syria
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Plenary Summary: Pope receives rainbow scarf; Parliament condemns violence against LGBT Iraqis
November 28th, 2014
The Strasbourg week is over, so it is time for a plenary update. Apart from voting for LGBTI rights and sexual and reproductive health rights (SRHR) in the post 2015 United Nations development strategy, the Parliament adopted a resolution condemning violence against LGBT people in Iraq and received Pope Francis.
Pope receives a rainbow scarf
On Tuesday the Pope visited the European Parliament. Co-President of the Intergroup-designate on LGBTI Rights Ulrike Lunacek gave him a rainbow scarf, symbol for respect for the rights of LGBTI people and for peace.
In his address to the European Parliament, Pope Francis did not speak about the rights of LGBTI people, but emphasised the importance of human rights.
Parliament condemns violence against LGBT people in Iraq
On Thursday the Parliament adopted a resolution in which it condemns the violence against LGBT people in Iraq. The resolution highlights that “acts of violence and murder against LGBT Iraqis have been taking place with total impunity.” (par. 12)
Furthermore, the resolution emphasises that LGBT refugees are extremely vulnerable due to large social stigma, and calls on the Iraqi government to provide protection for LGBT Iraqis.
Although same-sex sexual activity was decriminalised in 2003, LGBTI people lack protection under Iraq’s legal framework, and face a high risk of violence in the current crisis.
Read more:
- Read the full report on the EU and the global development framework after 2015 (par. 28, 58)
- Read the full text of the speech by Pope Francis (not yet available)
- Read the full resolution on Iraq: kidnapping and mistreatment of women (par. 12)
Image credit: © Gruene Austria
Tags: development, iraq, sexual and reproductive health rights
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MEPs ask Commission for action as situation LGBT people in Russia worsens
July 25th, 2014
Yesterday, six Members of the European Parliament asked the Commission in a written question how it will keep pressure on Russia to respect the rights of LGBT persons and other minorities.
The question comes shortly after a court in St. Petersburg ruled Russian LGBT rights group Coming Out to be a “foreign agent,” which subjects the organisation to extra government control, and certain measures that limit its capability to work.
Written parliamentary question to the European Commission by:
- Sophie in ‘t Veld MEP (Netherlands, ALDE)
- Ulrike Lunacek MEP (Austria, Greens/EFA)
- Daniele Viotti MEP (Italy, S&D)
- Tanja Fajon MEP (Slovenia, S&D)
- Sirpa Pietikäinen MEP (Finland, EPP)
- Dennis de Jong MEP (Netherlands, GUE/NGL)
While we are well aware of the increased political and security tensions between Russia and the EU, respect for human rights should not be overlooked.
We are deeply concerned by the fact that Russian authorities have recently further restricted freedom of expression, assembly and association through the sharpening of the Federal Law on NGOs and the ‘Foreign Agents’ law, respectively in February and June 2014.
Meanwhile, the ‘anti-propaganda’ law remains in full force and a bill seeking to terminate parental rights of same-sex couples raising children was withdrawn for revision in October 2013, but may be re-tabled any moment.
In what terms were the rights of LGBT persons discussed at the EU-Russia summit in January 2014?
Now that visa negotiations with Russia have been halted in light of the events in Ukraine, and further sanctions are discussed after the downing of Malaysia Airlines Flight MH17, how does the Commission maintain pressure on Russia to repeal the discriminatory laws and practices, and prevent future negative developments?
Tags: freedom of assembly, freedom of expression, propaganda law, russia
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Plenary summary: Criminalisation LGBT people Egypt, Nigeria; Anti-discrimination law Ukraine
July 18th, 2014
The Strasbourg week is over, so it is time for a plenary update. Apart from voting Jean-Claude Juncker in as the new Commission President, the European Parliament adopted resolutions mentioning the rights of LGBT persons in Nigeria and Egypt and a resolution calling for proper anti-disrimination legislation in Ukraine.
Nigeria
In its resolution on the situation in Nigeria, the European Parliament calls “for the abolition of the Same-Sex Marriage (Prohibition) Law” together with other laws criminalising the lives of LGBT people.
Under the ‘Same-Sex Marriage (Prohibition) Bill’, people in a same-sex relationship risk up to 14 years in prison. Persons running a gay bar or organisation can face sentences up to 10 years in prison.
Egypt
In a resolution on freedom of expression and assembly in Egypt, the Parliament urges the Egyptian authorities to stop the criminalisation of LGBT people under the country’s ‘debauchery law,’ and release those arrested and imprisoned under this law (paragraph 13).
The resolution further calls for the adoption of national strategies to eliminate all forms of discrimination.
The recently intensified suppression of LGBT people is part of a wider crackdown on minorities, NGOs, journalists and government critics.
Ukraine
In its resolution on the situation in Ukraine, the European Parliament calls on the Ukrainian government to adopt anti-discrimination legislation, including on the basis of sexual orientation.
The issue recently sparked a debate, when the Ukrainian government proposed a reform of the labour code excluding discrimination on the basis of sexual orientation.
However, recently, the Government publicly committed to include discrimination on grounds of sexual orientation, in line with EU standards.
Read more:
- Read the resolution on Nigeria
- Read previous posts on Nigeria
- Read previous posts on the criminalisation of LGBT people
- Read the resolution on freedom of expression and assembly in Egypt
- Read the resolution on the situation in Ukraine
- Read previous posts on Ukraine
Image credit: © European Union
Tags: anti-discrimination, decriminalisation, egypt, nigeria, ukraine
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LGBT votes in 2009-2014: EU Roadmap against homophobia (5/5)
May 16th, 2014
During the 2009-2014 legislature, MEPs voted on LGBT issues over 250 times. In the run-up to the International Day Against Homophobia and Transphobia on 17 May, we’ll publish a series of 6 infographics summarising political groups’ votes on key LGBT issues.
In February 2014, the European Parliament adopted the ‘Lunacek Report’ on a roadmap against homophobia with a large majority (394 in favour, 176 against). The report was widely commented in the European press.
It was jointly prepared by all 5 mainstream political groups (EPP, S&D, ALDE, Greens/EFA and GUE/NGL), and called on the European Commission to adopt a soft policy for LGBT equality, just like it did on the grounds of gender or disability.
Percentages indicate MEPs who supported the measure out of MEPs taking part in the vote. Nominal votes are publicly available on VoteWatch. Numbers were adjusted to reflect vote corrections.
Read more:
- Read our press release ‘European Parliament asks for EU LGBTI roadmap in landmark report’
- Read the European Parliament resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity
- Read all articles about the LGBT Roadmap
- View all #LGBTvotes infographics
Tags: #LGBTvotes, roadmap
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LGBT votes in 2009-2014: Fight homophobia in Russia (4/5)
May 15th, 2014
During the 2009-2014 legislature, MEPs voted on LGBT issues over 250 times. In the run-up to the International Day Against Homophobia and Transphobia on 17 May, we’ll publish a series of 6 infographics summarising political groups’ votes on key LGBT issues.
In May 2012, the European Parliament adopted a strong resolution to condemn homophobia in Europe, and in particular ‘anti-propaganda’ laws in Russia, Ukraine, Moldova, Lithuania, Latvia, and Hungary. It was adopted with a large majority, and ask the European Commission and Member States to take resolute action against Russia for these grave human rights breaches.
Percentages indicate MEPs who supported the measure out of MEPs taking part in the vote. Nominal votes are publicly available on VoteWatch. Numbers were adjusted to reflect vote corrections.
The next infographic will be published tomorrow.
Read more:
- Read our press release ‘European Parliament strongly condemns homophobic laws and discrimination in Europe’
- Read the European Parliament resolution of 24 May 2012 on the fight against homophobia in Europe
- Read all articles about freedom of expression
- View all #LGBTvotes infographics
Tags: #LGBTvotes, freedom of expression, homophobia, russia
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LGBT votes in 2009-2014: Mutual recognition of all EU marriages (3/5)
May 14th, 2014
During the 2009-2014 legislature, MEPs voted on LGBT issues over 250 times. In the run-up to the International Day Against Homophobia and Transphobia on 17 May, we’ll publish a series of 6 infographics summarising political groups’ votes on key LGBT issues.
In March 2012, MEPs voted to support a paragraph on the free movement of LGBT families in Europe. The EU Citizenship report, in which the paragraph was included, examined obstacles to citizens’ right to free movement.
Citizens who are married or in a partnership with someone of the same sex often see their rights vanish when they cross an internal border, even though their marriage/partnership is legal in their home country, just like different-sex marriages. This can cause great trouble in the areas of pension, inheritance, child custody, schooling or healthcare.
The mutual recognition of all civil status documents wouldn’t make same-sex marriages legal across the EU (the EU doesn’t have this power), but would ensure that existing legal marriages are recognised everywhere.
The vote on paragraph 8 was to “ensure freedom of movement for all EU citizens and their families, without discrimination on grounds of sexual orientation or nationality”, and call on Member States to guarantee free movement “not only to different-sex spouses, but also to registered partners, members of the household of an EU citizen and partners who are in a duly attested stable relationship with an EU citizen, including members of same-sex couples”.
Percentages indicate MEPs who supported the measure out of MEPs taking part in the vote. Nominal votes are publicly available on VoteWatch. Numbers were adjusted to reflect vote corrections.
The next infographic will be published tomorrow.
Read more:
- Read our press release ‘European Parliament stands up for same-sex families’ free movement’
- Read the European Parliament resolution of 29 March 2012 on the EU Citizenship Report 2010: Dismantling the obstacles to EU citizens’ rights
- Read all articles about freedom of movement
- View all #LGBTvotes infographics
Tags: #LGBTvotes, freedom of movement
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LGBT votes in 2009-2014: LGBT rights at the United Nations (2/5)
May 13th, 2014
During the 2009-2014 legislature, MEPs voted on LGBT issues over 250 times. In the run-up to the International Day Against Homophobia and Transphobia on 17 May, we’ll publish a series of 6 infographics summarising political groups’ votes on key LGBT issues.
In September 2011, MEPs adopted a resolution encouraging the EU and Member States to be more active on LGBT rights at the United Nations’ Human Rights Council. This followed the first-ever UN resolution adopted on human rights, sexual orientation and gender identity.
Percentages indicate MEPs who supported the measure out of MEPs taking part in the vote. Nominal votes are publicly available on VoteWatch. Numbers were adjusted to reflect vote corrections.
The next infographic will be published tomorrow.
Read more:
- Read our press release ‘European Parliament welcomes recent UN developments on sexual orientation and gender identity’
- Read the European Parliament resolution of 28 September 2011 on Sexual orientation and gender identity at the UN Human Rights Council
- Read all articles about the United Nations
- View all #LGBTvotes infographics
Tags: #LGBTvotes, united nations
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2010 The European Parliament's Intergroup on LGBTI Rights