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The rights of LGBTI people in the European Union

12-05-2017

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies and the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally reserved to Member States, such as marital status and family law. This is a further updated version of a briefing originally drafted by Piotr Bakowski. The previous edition was published in May 2016, PE 582.031.

Cross-border aspects of adoptions

26-01-2017

At present, there is no guarantee that domestic adoptions carried out in one EU Member State will be recognised automatically in another. The resulting hurdles facing families who move to another EU country after adopting a child can interfere with their freedom of movement, harm children’s rights, and impose significant costs. The European Parliament has identified scope for EU legal action in this area and further cooperation on several other cross-border aspects of adoption. A legislative own-initiative ...

At present, there is no guarantee that domestic adoptions carried out in one EU Member State will be recognised automatically in another. The resulting hurdles facing families who move to another EU country after adopting a child can interfere with their freedom of movement, harm children’s rights, and impose significant costs. The European Parliament has identified scope for EU legal action in this area and further cooperation on several other cross-border aspects of adoption. A legislative own-initiative report is due to be debated in plenary in February.

Cross-border Placement of Children in the European Union

25-05-2016

This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of Brussels IIa, the ...

This study, commissioned by the Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, explores the range and nature of problems linked to the cross-border placement of children and to the application of article 56 of the Brussels IIa Regulation. Based on an analysis of the practice in 12 Member States and European case law, it identifies a number of shortcomings in the current legislative framework. Looking ahead to the recast of Brussels IIa, the study sets out recommendations to remedy some of the weaknesses, such as clarifying the respective tasks of the Member States involved in cross-border placement cases and facilitating the recognition and enforcement of cross-border placement orders.

The rights of LGBTI people in the European Union

17-05-2016

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies and the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally reserved to Member States, such as marital status and family law. This is an updated version of a briefing published in May 2015.

Adoption: Cross-Border Legal Issues and Gaps in the European Union

15-12-2015

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted ...

This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted to the EP on issues relating to adoptions without parental consent involving non-national children and, on the other hand, to provide some background reflections for the legislative own-initiative opinion which the Legal Affairs Committee is preparing.

The rights of LGBTI people in the European Union

19-05-2015

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as a ground of discrimination. However, the scope of these provisions is limited and does not cover social protection, healthcare, education and access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies and the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally reserved to Member States, such as marital status and family law. This is an updated version of a briefing published in November 2013.

International Adoption in the European Union

16-03-2009

The main purpose of the report consists of proposing an up-dated comparative vision in the field of intercountry adoptions at European level, in particular following an interdisciplinary perspective able to give adequate consideration both to social and legal aspects involved. In particular, the research envisages two different levels of analysis: a documentary analysis based mainly on a statistical profile of the phenomenon within EU countries followed by a review of the fundamental international ...

The main purpose of the report consists of proposing an up-dated comparative vision in the field of intercountry adoptions at European level, in particular following an interdisciplinary perspective able to give adequate consideration both to social and legal aspects involved. In particular, the research envisages two different levels of analysis: a documentary analysis based mainly on a statistical profile of the phenomenon within EU countries followed by a review of the fundamental international and European instruments that actually regulate the international adoption system and a survey that will be realized specifically at national level. The study led to some concrete proposal for the interventions of EU level and national policy-makers as well as representatives of civil society directed to harmonize the different national rules and experiences and to create a European adoption system.

Autore esterno

Report coordinated by Istituto degli Innocenti, Florence ; Texts by: Erika Bernacchi, Federico Brogi, Isabelle Lammerant, Femmie Juffer, Enrico Moretti, Raffaella Pregliasco, Peter Selman, Elena Urso, Angelo Vernillo ; National Reports by: Julia Andrasi, Pia Brandsnes, Kenneth Grech, Paulo Guerra, Peter Guran, Gill Haworth, Alfonso Marina Hernado, Andres Julle, Heinz Kindler, Kaarina Koskela, Aleksandra Kowalczyk, Jacques Kuentziger, Ninetta Lambrini-Zoi, Alina Mahera, Andreja Crnac Meglic, Laure Néliaz, Stéphanie Pino, Sandra Roe, Maria Rossidou, Elisabet Sandberg, Helmut Sax, Odeta Tarvydiene, Velina Todorova, Angelo Vernillo, Anneke Vinke

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