EUMAP's New Articles on Gay Rights

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Subject: EUMAP's New Articles on Gay Rights

From: MINELRES moderator <[email protected]>

Original sender: Stephen Humphreys <[email protected]>

EUMAP's New Articles on Gay Rights



EUMAP'S NEW ARTICLES ONLINE

04 April 2002

Gay Rights: a New Orientation for Europe?

http://www.eumap.org

Lesbian and gay rights have surged to the fore in Europe over the last
decade, with activists pushing for equal rights along a spectrum of
issues. Nowhere is this more apparent than in the EU accession
countries, where sexual difference has come out of the closet with a
vengeance. In this, the EU's principles of non-discrimination have
provided some vital support. Yet, European legislation in this area is
still far from sufficient to tackle the deep prejudices that remain
embedded in many European countries - member and candidate alike, and
to date the European Court of Justice has not provided much guidance.

The stakes of the debate were again demonstrated recently when a
transvestite band, Sestre (Sisters), won the national Eurovision song
contest in Slovenia, only to have their success questioned by a range
of Slovenian commentators. Dutch European Parliamentary Member
Lousewies van der Laan commented that "Slovenia's record for access is
one of the best but, particularly on gay and lesbian rights, Slovenia
is trailing behind." "Gay rights are human rights," the MEP noted,
"and all human rights need to be established before a country can join
the EU."

EUMAP is pleased to contribute to the ongoing debate with four
articles on the issue of gay and lesbian rights in the European Union.

The package looks first at existing European arrangements. Joke
Swiebel MEP outlines the current standards of gay rights candidate
countries must meet to become members, and questions whether they have
been applied consistently this far. The rulings of the European Court
of Justice are examined by Petra Jeney, who finds that a lack of
distinct legislation has led to some murky rulings from the court on
issues of gay and lesbian rights.

Two case studies provide analysis of the situation in EU member
Portugal and candidate Hungary. Portugal has been slow to recognise
full equal rights for non-heterosexuals, but a budding gay rights
movement has been quick to attack the more egregious instances of
homophobia. Gay rights came to the fore in Hungary last summer when
local officials attempted to block access to a public cultural
festival to oganisers of "homosexual information programmes", but the
move was stopped - and recently annulled - by the courts.

Together, these articles demonstrate that there is still much to be
done at the EU level to ensure that gays are afforded at least the
same protection as other victims of discrimination in Europe. On the
ground, homophobia continues to thrive in certain pockets of the
continent, but activists - in candidate countries and member states -
can draw on a number of hopeful signals from the EU.

The full text of the articles can be found on www.eumap.org

Gay and Lesbian Rights and EU Enlargement
By Joke Swiebel, MEP
"What can be done in the framework of the EU accession process to
promote gay rights? What has been done so far? What are the
achievements on which we have to build?..."

Full text: http://www.eumap.org/articles/content/60/604

Poor Laws, Poor Judgment: Gay Rights and Sex Equality before the
European Court of Justice
By Petra Jeney
"Few rulings on gay and lesbian rights have reached the ECJ - those
that have show that a narrow focus on gender discrimination has
inhibited the court from discerning a broader right to
non-discrimination...."

Full text: http://www.eumap.org/articles/content/60/601

Portuguese Law and Sexual Orientation
By Ana Cristina Santos
"Portugal finds itself in an ambiguous position today, attempting both
to defend the principles of equality promoted by the EU and, at the
same time, to uphold the country's conservative moral standards,
resulting from centuries of religious tradition and a lack of social
debate...."

Full text: http://www.eumap.org/articles/content/60/602

Hungary's Pepsi Island Case
By J�zsef K�rp�ti and Bea Sandor, H�tt�r Support Society for Gays and
Lesbians
"A Hungarian court recently ruled against an attempt by local
officials to bar gays from a cultural festival. More legal reform is
needed to ensure the same thing doesn't happen again...."

Full text: http://www.eumap.org/articles/content/60/603

EUMAP is an on online centre for comprehensive resources, news, and
analysis on human rights and democracy in Europe generally, and in the
EU accession countries in particular. EUMAP is committed to delivering
information on, and generating debate around, human rights and EU
enlargement. EUMAP is the official website of the OSI EU Accession
Monitoring Program.

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