LGBT & EU Legislation: An Overview of the Recent Developments

By Júlia-Janka Gáspárik 

The EU’s motto is “United in Diversity”[1], which means that it is a shared community, but member states also preserve their national characteristics. At the same time, this motto can also sum up one of the biggest problems of the EU: the definition of the limit between having common laws and undermining a country’s sovereignty. LGBT (Lesbian, Gay, Bisexual, Transsexual) rights are a very delicate part of the EU legislation, trapped somewhere between universal (and EU-protected) human rights and national sovereignty. The EU – opting towards an ever-closer union – is trying to bring together its member states with social policies in order to reach an integrated society also on the cultural level, and not only on the economic and monetary ones. On the other hand, anti-LGBT/pro-traditional family groups often use the argument of sovereignty against the common EU LGBT framework[2]. This is what partially makes this issue of LGBT so complicated: some people argue that this minority should be protected with a stronger mechanism at EU level, while others say that it would undermine their countries’ sovereignty.

The European Union law mentions the issue of LGBT only in terms of discrimination: discrimination based on sexual orientation is illegal and rights pertaining to this aspect are protected in the Charter of Fundamental Rights of the EU[3]. NGOs and civil right organizations are fighting for the rights of the LGBT people. However, since the attitude towards sexual orientation is considered to be a cultural-societal-religious issue, the EU has not established a compulsory legal framework in any of its member states. On the other hand, it can be argued that this is not a societal issue but one of fundamental rights. When learning about LGBT in the EU, it also becomes clear that the main obstacle in not introducing the civil union and same sex marriages in some European countries is the predominant position of religious values in that state[4].
This article explores the complex issue of LGBT rights in the EU and the member states by examining the issues’ cultural and human rights facade. It will be illustrated with one case, namely the recent case of Coman-Hamilton (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others). Continue reading “LGBT & EU Legislation: An Overview of the Recent Developments”

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