Lunacek report

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The Lunacek report is an adopted motion for a resolution in the European Parliament on combating homophobia and discrimination on the basis of sexual orientation and gender identity . Like many others, it is intended to provide information after the EU Commission has completed its reporting on the situation of fundamental rights in the European Union (2012) , which deals with numerous forms of discrimination, such as violations by individual member states, as well as the possibility of the To subject member states to more stringent surveillance within the meaning of Article 7 of the EU Treaty.

History of origin

The European Union sees itself as a community of values ​​and tries to put an end to all forms of discrimination, especially against minorities. The Copenhagen Mechanism therefore requires new EU candidate countries and member states to adhere to a policy that prevents discrimination against minorities and promotes equality by giving LGBT people the same rights and obligations and the same protection against hate persecution. Member states are therefore called upon to eliminate existing inequalities. These include, for example, the inclusion of the term "parts of the population" in German § 130 StGB for LGBT persons as well, as well as the guarantee to protect homosexuals from prosecution based on their sexual orientation ( § 175 ) As part of their mandate, members of the European Parliament can now report on the situation of the member states in which they uncover grievances and call on the member states (directly or indirectly) to act. The forerunner of these initiatives was the Estrealla report, but it was not adopted. The Lunacek report in particular was the target of polemical attacks from parts of society, the content of which was partly excessive and partly wrong. The main arguments against the report were, among other things, an alleged veto right of homosexual associations and the attempt to restrict freedom of expression , including approaches to address the way of life of minorities in schools in a value-neutral way, was criticized. The criticism is hardly shared in literature and literature as the EU Parliament can only make recommendations that family law is also a matter for the member states. It is only correct that the EU is allowed to act in a very limited way where its competences are justified. B. in principle, the areas that are set out in Article 7 of the EU Treaty and in general - without the obligation to take into account the principle of subsidiarity - prohibits various forms of discrimination against minorities. Should the EU Commission find a violation, the individual member state can only be ordered to cease its discriminatory policies after a lengthy, very bureaucratic procedure. According to the literature and literature, however, the EU Commission must first justify why there is discrimination; discrimination in the unequal treatment of the registered partnership or the lack of full adoption rights could serve for this. Since the Treaty of Lisbon , the majority principle has also applied in many areas. According to Art. 3 and 4 TFEU, the EU can only be responsible in the areas that are explicitly regulated there.

content

• The EU Commission should endeavor through its work and in all areas in which it is responsible to secure existing rights.
• The commission should communicate more transparently and easily with the member states
• In general, the commission should obtain data in the context of data protection and inquire about the condition of LGBT people.

In addition to these general principles and the aforementioned guidelines, the EU should ensure that existing guidelines in labor law are implemented without gaps. In addition, the Commission should collect guidelines by stipulating that transsexuals and intersexual people are grouped under the heading "gender" in the sum of Directive 2006/54 / EC.

Further core contents are:

• Non-discrimination in education
• Non-Discrimination in Health Care
• Non-discrimination in access to goods and services
• Specific actions for trans and intersex people
• Citizenship, Families and Free Movement of Persons
• Freedom of assembly and expression
• Hate speech and hate motivated crimes

Range of the proposals

Theoretically, if accepted, the EU Commission can then increasingly encourage states to stop their discriminatory policies by using the sharpest sword of sanctions and withdrawal of voting rights.

Individual evidence

1. ↑ queer.de European Parliament: Better protect gays and lesbians within the EU
2. ↑ EU Parliament on the situation of fundamental rights in the European Union (2012) (2013/2078 (INI))
3. ^ Family protection Lunacek report in the service of the gay lobby: MEPs are planning special rights for homosexuals
4. ↑ queer.de European Parliament: Better protect gays and lesbians within the EU
5. ↑ Ulrike Lunacek tfp Lunacek report ( Memento of the original from March 5, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. REPORT on the EU roadmap to combat homophobia and discrimination on the grounds of sexual orientation and gender identity (2013/2183 (INI))