The European Parliament,
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Sexual orientation
72. Believes that discriminatory statements by extremist politicians against homosexuals fuel hatred and violence, and calls for their condemnation by the relevant governing bodies;
73. Welcomes the publication of the Agency's first thematic report, entitled 'Homophobia and discrimination on grounds of sexual orientation in the Member States', drawn up at the request of the European Parliament, and calls on the Member States and the European Union institutions to urgently comply with the Agency's recommendations or to duly justify their non-compliance;
74. Reminds all Member States that, according to the case law of the European Court of Human Rights, the right to freedom of assembly can be exercised even if those exercising it hold opinions contrary to those of the majority, and that therefore the discriminatory ban on marches, as well as any failure to comply with the obligation to provide adequate protection to those participating in them, constitutes a violation of the principles enshrined in the European Court of Human Rights, in Article 6 of the EU Treaty on the common values and principles of the European Union, and in the Charter;
75. Calls on Member States that have adopted legislation on same-sex couples to recognise legislation adopted by other Member States with similar effects; calls on these Member States to propose guidelines for the mutual recognition of existing legislation between different Member States, to ensure that the right of same-sex couples to free movement within the European Union applies under the same conditions as that of heterosexual couples;
76. Calls on the Commission to submit proposals to ensure that the principle of mutual recognition is applied by Member States to same-sex couples, whether married or in a registered civil partnership, particularly when exercising their right to free movement under EU law;
77. Calls on those Member States that have not yet done so, in accordance with the principle of equality, to take legislative initiatives to eliminate the discrimination faced by some couples on the basis of their sexual orientation;
78. Calls on the Commission to ensure that Member States grant asylum to people fleeing their country because they are victims of persecution based on their sexual orientation, to take bilateral and multilateral initiatives to end the persecution of people based on their sexual orientation, and to launch a study on the situation of transgender people in the Member States and candidate countries, particularly with regard to the risks of harassment and violence;
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145. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and candidate countries, the Agency, the Committee of Ministers and the Parliamentary Assembly, as well as the Council of Europe Commissioner for Human Rights and the relevant bodies of the Organisation for Security and Cooperation in Europe and the United Nations.
Speaker: GIUSTO CATANIA (European Left)
