A NEW RESOLUTION. The European Parliament approved on 28 September 2011 a Resolution on human rights, sexual orientation and gender identity within the framework of the United Nations.
Each Resolution of the European Parliament constitutes the expression of a political and legislative direction which, although Not binding for the individual countries of the Union, it contains the guiding principles to which the member states and the EU bodies themselves should conform when enacting their internal laws and developing their political action.
Over the last twenty-five years, several resolutions have been approved to protect LGBT people, urging Member States to adopt anti-discrimination laws or to combat homophobia and transphobia.
The latest in chronological order, that of September 28th, contains important principles for those countries, such as Italy, where protection for LGBT people is dramatically lacking.
THE SOLUTION IN PILLS. For those unfamiliar with law (but sometimes even for the more experienced), reading and analyzing the above-mentioned document can be a daunting task. To help readers understand this text, we can summarize that the Resolution is composed of three parts.
The first section recalls the most important documents issued by international bodies, from which the European Parliament drew its Resolution. In the case in question, the most significant of the documents cited are:
– the Joint Declaration of the Human Rights Council of 22 March 2011 on the elimination of violence based on sexual orientation and gender identity and related human rights violations, and the General Assembly Declaration of 18 December 2008 on human rights, sexual orientation and gender identity,
– United Nations Human Rights Council resolution A/HRC/17/19 of 17 June 2011 on human rights, sexual orientation and gender identity,
– Article 2, Article 3(5), Article 18, Article 21 and Article 27 of the Treaty on European Union and Article 10 of the Treaty on the Functioning of the European Union,
Below, the text of the Resolution lists a series of reasons that prompted the European Parliament to approve this document. It is important to highlight the most significant ones here, because they illustrate how MEPs addressed and analyzed the issues addressed in the Resolution itself. Thus, the European Parliament states, among other things:
– that numerous human rights violations related to sexual orientation and gender identity are perpetrated every day both in the European Union and in third countries;
– that the European Union and its Member States should ensure respect for human rights in their policies and practices;
– that issues of sexual orientation and gender identity are already addressed in the European Union's work within the United Nations as well as in regional bodies and bilateral human rights dialogues;
– that the resolution on human rights, sexual orientation and gender identity received a favorable vote from countries from all regions of the world, including all EU Member States sitting on the Human Rights Council, and that the text was co-sponsored by 21 European Union Member States;
– that numerous treaty bodies, special rapporteurs and UN agencies active in the field of human rights, as well as the Secretary-General and the UN High Commissioner for Human Rights, have expressed serious concerns about the human rights violations suffered by lesbian, gay, bisexual and transgender (LGBT) people worldwide.
WHAT EUROPE ASKS FOR. Finally, we come to the actual declarations of principle enunciated by the European Parliament, which should be understood as requests, accusations, guidelines, and formal invitations addressed to European Union member states to adapt their domestic legislation to these principles and overcome all the critical issues highlighted above. It is worth providing a list of the key points, inviting everyone to read them and compare them with our Italian situation. The European Parliament, in particular:
1. Reiterates its concern at the numerous human rights violations and widespread discrimination related to sexual orientation and gender identity perpetrated both in the European Union and in third countries;
2. Welcomes the adoption by the Human Rights Council of resolution A/HRC/17/19 on human rights, sexual orientation and gender identity;
3. Reiterates that human rights are universal and indivisible and apply equally to everyone regardless of sexual orientation or gender identity;
4. mentions among the priority areas for action the decriminalization of homosexuality worldwide, equality and non-discrimination, and the protection of human rights defenders;
5. Encourages the Member States to engage constructively, in partnership with third countries, in the Universal Periodic Review and the procedures of Treaty bodies to ensure that human rights relating to sexual orientation and gender identity are fully respected in the European Union and in third countries;
6. Regrets that in the European Union the rights of lesbian, gay, bisexual and transgender people, including the right to physical integrity, private life and family, the right to freedom of opinion, expression and association, the right to non-discrimination, the right to free movement, including for same-sex couples and their families, the right to access preventive healthcare and medical treatment, and the right to asylum, are still not always fully respected;
7. Condemns in the strongest terms the fact that, in some countries, including within the Union, homosexuality, bisexuality, or transsexuality are still perceived as a mental illness, and calls on the Member States to address this phenomenon; calls in particular for the depsychiatrization of the transsexual and transgender journey, free choice of care providers, simplification of identity change, and social security coverage;
8. Calls on the Commission and the World Health Organisation to remove gender identity disorders from the list of mental and behavioural disorders.
A RESOLUTION THAT ARCIGAY LIKES. Extremely important are the calls addressed to the Member States to ensure respect for the rights of equality and non-discrimination of LGBT people, both within their own countries and in countries around the world, while expressing regret and condemnation for the violations of these rights even within the countries of the European Union themselves.
The point indicated here at no. 6 is certainly of capital importance, where we find the fundamental rights that must be guaranteed specified, including the right of free movement of homosexual couples and their families.
Of all theInnovative, then, are the propositions regarding transsexual and transgender people, where, in particular, the depsychiatrization of the transition process is formally requested (while maintaining social security coverage) and the removal of gender identity disorders from the list of mental and behavioral disorders.
Unfortunately, an amendment praising those Member States that have recognised same-sex marriage and calling on other Member States to do the same was rejected due to the EPP voting against it and, contrary to their previously expressed positions, the Socialists.
Overall, this is a A decisive step forward in affirming the rights and protections of LGBT people, in Europe and around the world, especially for those countries, like Italy, which still today express a political and social culture deeply imbued with homophobia and transphobia.
Dimitri Lioi
Legal Affairs Manager – Arcigay National Secretariat
