Plenary summary: universal decriminalisation of homosexuality, the horizontal anti-discrimination directive, institutional relations between EU and Council of Europe, CSDP and Afghanistan
Brussels, 25 April 2023
During its April II plenary session, the European Parliament Plenary debated and voted on several files that relate to the human rights of LGBTI persons:
- Institutional relations between the EU and the Council of Europe – Committee on Constitutional Affairs (AFCO)
- The implementation of civilian CSDP and other EU civilian security assistance – Committee on Foreign Affairs (AFET)
- Combating discrimination in the EU – the long-awaited horizontal anti-discrimination directive
- On the universal decriminalisation of homosexuality in the light of recent developments in Uganda
- The crackdown on the right to education and education rights activists in Afghanistan, including the case of Matiullah Wesa
- (Note: For a complete list of all texts (and specific paragraphs) in this legislature touching upon LGBTI issues, check our List of resources available here.)
Institutional relations between the EU and the Council of Europe
On Tuesday, Members of the European Parliament debated the report on the institutional relations between the EU and the Council of Europe (rapporteur: Loránt Vincze (EPP)). The report was adopted on Tuesday.
The Parliament welcomed the fact that the institutional relations between the EU and the Council of Europe, as two organisations of equal international standing, have evolved significantly over time into a strategic partnership and considers it necessary to further strengthen the institutional cooperation between the EU and the CoE and give new impetus to bilateral cooperation in the promotion and defence of democracy, the rule of law and fundamental freedoms and human rights, including the rights of minorities;
On LGBTIQ issues, it mentioned:
- Y. whereas a vital area of cooperation with the CoE should be fighting discrimination against and improving the rights of vulnerable people, such as women, people with disabilities, Roma, LGBTI+ people and elderly people, which are still not fully respected in the Member States;
- 17. Welcomes the EU’s signature of the Istanbul Convention on 13 June 2017; emphasises that the EU’s accession to the Convention will provide a coherent European legal framework for the EU’s internal and external policies to prevent and combat violence against women and gender-based violence and to protect and support victims; (…);
- 34. Calls for the strengthening of institutional cooperation between the EU and the CoE on gender equality and women’s rights, tackling discrimination against LGBTI+ people and gender-based violence;
Watch the plenary debate here.
The implementation of civilian CSDP and other EU civilian security assistance
On Monday, Members of the European Parliament debated the report on the implementation of civilian CSDP and other EU civilian security assistance (rapporteur: Alviina Alametsä (Greens/EFA)). The report was adopted on Tuesday.
The Parliament welcomed the fact that EU civilian crisis management makes important contributions to international peace and security, and plays a key role in implementing the EU’s Integrated Approach to External Conflicts and Crises.
On LGBTIQ issues, it mentioned:
- 6. Stresses the need to mainstream in a more proactive manner the concepts of human security, the security needs of the local population, gender sensitivity, parliamentary oversight, transparency and the accountability of the local security sector in the mission’s mandate and operations;
Watch the plenary debate here.
Combating discrimination in the EU – the long-awaited horizontal anti-discrimination directive
On Wednesday, Members of the European Parliament debated the resolution on combating discrimination in the EU – the long-awaited horizontal anti-discrimination directive. The resolution was adopted on Wednesday.
The Parliament regrets the fact that the horizontal anti-discrimination directive has been blocked in the Council since 2008 and reiterates its previous calls on the Council to urgently unblock the horizontal anti-discrimination directive after 15 years of inaction.
On LGBTIQ issues, it mentioned:
- D. whereas there are considerable gaps in the protection afforded by the EU anti-discrimination framework; whereas this fragmentation leads to an artificial hierarchy of grounds, which limits the breadth and the scope of EU-level protection against discrimination at work and outside work; whereas while the grounds of sex and racial or ethnic origin are protected to some degree, the grounds of religion or belief, disability, age and sexual orientation are not afforded the same level of protection;
- 13. (…) calls on the Commission to closely monitor the growing current backlash against fundamental rights and the rise in discrimination across the EU; calls on the Commission, further, to explore all possible avenues to overcome the political deadlock on the horizontal anti-discrimination directive and to combat all forms of discrimination in the EU with equal resolve;
Watch the plenary debate here.
The resolution was adopted by show of hands.
Universal decriminalisation of homosexuality in the light of recent developments in Uganda
On Wednesday, Members of the European Parliament debated the resolution on universal decriminalisation of homosexuality in the light of recent developments in Uganda. The resolution was adopted on Thursday.
The Parliament welcomes the historic resolution that unambiguously condemns all laws, practices and official positions criminalising homosexuality and transgender identity; considers such laws to be in full opposition to international human rights law and in violation of the human rights of LGBTIQ persons, including the right to life, privacy, liberty, security, health and expression, as well as the freedom of peaceful assembly and association; considers that the criminalisation of homosexuality and transgender identity creates an apartheid situation by depriving part of the population of the protection of the state and the law, regardless of the penalties prescribed.
On LGBTIQ issues, it mentioned:
- 24. Calls for the universal decriminalisation of homosexuality and transgender identity;
- 26. Urges the 63 countries that have not yet done so to comply with international law and take all necessary measures, legislative or otherwise, to ensure that sexual orientation and gender identity are no longer the basis for criminal sanctions;
- 29. Urges the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to swiftly engage with the President and Parliament of the Republic of Uganda, LGBTIQ activists and the Ugandan authorities in order obtain unfettered access to the country;
Watch the plenary debate here.
On the crackdown on the right to education and education rights activists in Afghanistan, including the case of Matiullah Wesa
On Wednesday, Members of the European Parliament debated the resolution on the crackdown on the right to education and education rights activists in Afghanistan, including the case of Matiullah Wesa. The resolution was adopted on Thursday.
The Parliament calls on Afghanistan’s de facto authorities to immediately and unconditionally release Matiullah Wesa, an Afghan education activist and the head of the PenPath organisation, who was arrested alongside several of his family members by the Taliban regime on 27 March 2023 and remains detained without access to his family or the ability to challenge the legality of his detention and all those imprisoned for exercising their fundamental rights from detention; demands that their rights be respected, including their access to family members and legal representation.
On LGBTIQ issues, it mentioned:
- B. whereas women and girls have faced gender-based persecution and growing restrictions on their fundamental rights since the Taliban takeover, especially concerning their education, freedom of movement and right to work; whereas women have been virtually erased from all areas of public life;
Watch the plenary debate here.
Consult the results of the roll-call final vote here (page 9-10) (final votes (542): +529, -2, o11).
