Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 1 europe news

Vol. 2, issue 3, August 2002 ilga letter www.ilga-europe.org Campaign:Campaign: FreedomFreedom ofof MovementMovement Illustration: Christian Högl Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 2

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Editorial

This issue of the ILGA-Europe Newsletter con- tains a number of articles updating our read- ers on the developments in a series of our campaigns.

The free movement of EU citizens debate The European Region of the remains a high priority, and we urge all our International and Gay Association members to get involved – see pages 4-5 for details. Avenue de Tervueren/ Bank account # 001-3523388-36 Tervurenlaan 94 Fortis Bank The Convention on the Future of Europe is at B-1040 Brussels avenue de Tervueren 124 a critical stage in its consultation with civil Phone: +32 2 732 54 88 B-1150 Brussels society. ILGA-Europe’s submission was pre- Fax: +32 2 732 51 64 sented to the Convention at the end of June [email protected] IBAN BE46 0013 5233 8836 (page 6). www.ilga-europe.org BIC (SWIFT): GEBA BEBB36A In the campaign for recognition of LGBT refugees (page 3) we are calling on member Table of contents organisations to put pressure on national gov- ernments to complement the work at Euro- 3 Campaign for recognition of LGBT refugees pean level. 4 New developments in the campaign on free movement 5 On-line petition launched Sharing best practices and increasing knowl- 6 ILGA-Europe launches campaign on the future of Europe edge and understanding are vital features of our work. The TAIEX seminar (read more on 7 Implementing employment directives in candidate countries pages 7-9) held in Brussels in July showed the 9 Social exclusion: An issue for LGBT people benefits of bringing together LGBT activists 11 Increased pressure on Hungary, Bulgaria and Cyprus and government representatives from the can- 12 Urgency resolution on Egypt didate countries. 13 Sexual and reproductive health The forthcoming ILGA-Europe annual confer- 13 New protection against workplace ence in Lisbon will be another opportunity to 14 AGE – European Older People’s Platform meet and exchange views and experiences. 15 Homosexuality in Russia: Current legal trends The conference will take place from 23 to 27 17 Marriage, partnerships and parenting in the 21st century October. Read more on page 24 and at: www.ilga-europe.org/conference. 19 LGBT anti-discrimination legislation and campaigning

20 News Clips This issue also features a special report on cur- Strasbourg: Landmark ruling rent developments in Russia and a couple of Turkey: Campaign against stigmatisation conference reports and news items. Enjoy the Sweden: Parliament okay adoption Croatia: Successfull first Gay Pride reading and the rest of the summer! Austria: Article 209 repealed ILGA-Europe: Recent board activities THE EDITORIAL TEAM

The ILGA-Europe Newsletter Ottavio Marzocchi, Stig-Åke Petersson, This Newsletter is is the quarterly Newsletter Nigel Warner published with the of ILGA-Europe Design & Layout: Christian Högl support of the (www.creativbox.at) European Commis- Volume 2, issue 3, August 2002 sion – The Euro- Printer: Sofadi, Brussels pean Union against Editors: Mette Vadstrup (MV), Kurt Next issue: November 2002 discrimination. The information con- Krickler (KK), Ailsa Spindler (AS) Deadline: 27 October 2002 tained in this publication does not neces- sarily reflect the position or opinion of Contributors: Nicolas Alekseyev, Mark © ILGA-Europe. Reproduction permitted, the European Commission. It is not liable Bell, Catherine Daurele, Ali Erol, Stefano provided that appropriate reference is for any use that may be made of this Fabeni, Aleks Gajsek, James Knox, made to the source. information. 2 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 3

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Urgent action needed at national level Campaign for recognition of LGBT refugees

In the May Newsletter we The EU national co-ordination order to bring home to govern- announced the launch of an network has received guidelines ments the suffering faced by ILGA-Europe campaign to try to for lobbying national govern- LGBT refugees who are unable to secure EU-wide recognition of ments in support of our propos- be reunited with their family. LGBT refugees. The campaign is als; we have held meetings with The Danish Presidency is keen to a response to a draft directive, officials at the European Com- agree the substance of the direc- whose purpose is to achieve a mission, and with the Danish EU tive during its six-month term common definition of refugee Presidency in Copenhagen; and (i. e. by the end of December status.1 It has three principal the rapporteur for the European 2002). The Council of Ministers objectives: Parliament, Jean Lambert of the is currently scheduled to com-

❚ To ensure that persecution on It is absolutely essential that member organisations the grounds of sexual orientation conduct a thorough and effective campaign to per- is recognised in the directive ❚ To work for a specific reference suade national governments to support our proposals to persecution on the grounds of gender identity Greens (UK), has confirmed that plete its work on the directive on ❚ To work for the extension of she will table our amendments in 28 November 2002. So action is amnesty international recently the definition of “family mem- the Parliament. urgent. published a report about torture ber”,so that there is full recogni- and ill-treatment based on tion of LGBT family members in Through the meetings with the As noted above, the main lobby- sexual identity the directive. Presidency and the Commission, ing at national level is being car- three things have become clear: ried out by the member organi- For more detailed information, sations involved in the EU co- see the May Newsletter (p. 6) and It is absolutely essential that ordination network. If members place in September, with the member organisations conduct a who are not involved with this Committee debate on 12 Sep- thorough and effective campaign co-ordination network wish to tember, and the debate in the full to persuade national govern- get involved, they should contact Parliament on 23 September. ments to support our proposals Mette Vadstrup, mette@ilga- ILGA-Europe will be lobbying on the inclusion of sexual orien- europe.org. MEPs intensively in the run up tation and gender identity in the to these votes. draft directive. At least one gov- The debate in the European Par- ernment, Italy, is likely to be hos- liament is now scheduled to take NIGEL WARNER tile, its Parliament having only recently voted to exclude sexual orientation from their own asy- Anti-discrimination law and the lum legislation. Others may also be hostile. Moreover, while European Union ILGA-Europe will continue to Mark Bell has published a monograph on campaign in the European Par- “Anti-discrimination law and the Euro- Jean Lambert will table ILGA- liament, the decision will be Europe’s amendments in the EP pean Union”. This book examines the taken entirely by the national transformation of EU anti-discrimination governments, since the EP has law, from its traditional focus on sex and our position paper, which is pub- only a consultative role. nationality discrimination, to the wider lished in English, French and There is little support for our anti-discrimination law since the addi- Spanish at the ILGA-Europe proposals concerning the recog- tion of Article 13 to the EC Treaty in web-site at www.ilga-europe.org. nition of LGBT families. 1999. There is a specific analysis of EU Although we are unlikely to suc- law and policy on discrimination on Since May there have been four ceed with these proposals, we grounds of race and sexual orientation, developments: believe it important to continue and the situation of these forms of dis- lobbying in support of them, in crimination in the national laws of each of the 15 member states.

1 The full title is: Proposal for a Council Directive laying down minimum standards for the qualification The book is published by Oxford University Press and can be and status of third country nationals and stateless persons as refugees, in accordance with the 1951 Con- vention relating to the status of refugees and the 1967 Protocol, or as persons who otherwise need interna- ordered there or at http://www.oup.co.uk/isbn/0-19-924450-2 tional protection – COM (2001) 510. 3 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 4

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European Union New developments in the campaign on free movement

ILGA-Europe’s campaign on the (PPE/E). In the working docu- together with their same-sex The Transnational Radical Party free movement of EU citizens is ment she has identified several partner. led by its Italian co-president moving on. The campaign issues the Parliament needs to Marco Cappato has launched an described in previous address. One of them is the defi- The deliberations of the proposal on-line petition calling upon the Newsletters1 addresses issues of nition of the notion “family in the Council and the Parlia- European institutions and the great importance to Europe’s members” who should benefit ment’s first reading of the draft governments of the member LGBT community. It is a from the right to free movement. directive are likely to progress in states to fully respect the free- response to a draft directive Should unmarried partners in a which fails to take adequate stable relationship also be con- account of LGBT needs. In prac- sidered, for the purposes of free ILGA-Europe campaign proposals tice the free movement of fami- movement, as family members, lies within the EU is restricted to and should this also apply to The principle of free circulation is one of the founding principles families where partners are mar- same-sex partners? In the Com- of the European Union, and the free movement of persons is the ried. ILGA-Europe is campaign- mission proposal the definition cornerstone of EU citizenship. EU nationals can move and reside ing for free movement for all of family members is limited to freely within the territory of the Union for a number of purposes, in families including those who the “spouse” and – if the host particular employment. A person who has moved from one member choose a different lifestyle than member state treats unmarried state to another to take up employment has the right to be joined marriage. couples as equivalent to married by his/her family. But this right is limited because it only recognis- couples – to the “unmarried es families in which partners are married. The Commission’s proposal is partner”. currently being debated in both The current Commission proposal would extend the right to free the Council and the European In the debate in the LIBE Com- movement only to unmarried partners and their families if they Parliament and is subject to co- mittee, Palacio introduced the move to a member state that “treats unmarried couples equivalent decision procedure which pro- working document and spoke in to married couples” in its national legislation. vides the Parliament with co-leg- favour of the well known legal islative competence and consid- principle of “mutual recogni- ILGA-Europe is proposing amendments to the Commission draft erable power to influence the tion”,leaving member states to directive that would ensure that family members are not risking content of the directive. mutually recognise each other’s separation when one partner needs to move within the Union. The national legislation. This ILGA-Europe proposals cover families involving same-sex married On 22 May 2002 ILGA-Europe approach of mutual recognition, couples, registered partners, unmarried and unregistered couples, representatives met with repre- therefore, would only be benefi- and aim at securing free movement for all families including those sentatives of the Danish EU cial for same-sex couples/fami- who choose a different lifestyle than marriage. Presidency in Copenhagen. They lies where the partners are in a were supportive of ILGA- registered partnership. They For full details of ILGA-Europe’s amendments download our posi- Europe’s proposals because they could exercise their right to free tion paper at www.ilga-europe.org. would allow Danish registered movement and enjoy their regis- partners and their families to tered partnership rights maintain their civil status and throughout the EU, even in September and October. There dom of movement for all per- rights acquired according to member states without national might be a slight delay in the sons in the EU and to eliminate Danish law when moving to same-sex partnership legislation. Parliament due to the fact that all against same- another EU country. The Presi- Palacio had left the Parliament in sex couples. This petition is dency was also supportive of Other MEPs spoke in favour of July to become Spain’s Foreign launched at a crucial moment in extending the right to free move- extending the right of free move- Affairs Minister. A new rappor- the free movement debate. ment to unmarried partners in a stable relationship. ILGA-Europe supports the ini- In the Commission proposal the definition of tiative taken by the Transnational On 18 June the “LIBE” Commit- family members is, in practice, limited to families Radical Party and hopes that it tee2 of the European Parliament where partners are unmarried will become a success with a sig- debated for the first time the ini- nificant amount of signatures tial working document drafted ment to unmarried partners in a teur will be appointed soon. The collected. by rapporteur Ana Palacio stable relationship. This would change of rapporteur may also allow EU citizens from all mem- lead to a change in the support METTE VADSTRUP 1 # 3/01, p. 8, # 1/02, p. 2, and # 2/02, p. 5. ber states to enjoy their right of for the principle of mutual free movement if they want to recognition. 2 Committee on Citizens’ Freedoms and 4 Rights, Justice and Home Affairs. move to another member state Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 5

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Free movement of same-sex couples On-line petition launched

The Transnational Radical Party EU. The legal principle of mutu- (TRP) is an NGO with “1st cate- Letter-appeal al recognition of member states’ gory” consultative status at the laws has to be applied here too, United Nations. TRP’s aim is to to European institutions and to the governments of the Member as it is now largely applied in promote freedom and democra- States on the full respect of freedom of movement of persons in other areas such as civil and cy in the world through non- the European Union and to eliminate all discriminations against penal law.” violent means. Radicals have same-sex couples always been engaged in the Since the petition was put on- defense of GLBT rights since the One of the freedoms on which the EU is based is the freedom of line – just before the summer 1960s – in Italy, in Europe and in movement, working, residence and establishment anywhere on the break – it gathered 166 signa- the world. territory of the EU, without any discrimination, with the same tures. ILGA-Europe, in the mean- rights and duties of other citizens: we all are citizens of a certain time, has expressed its support to TRP members – among which State, but also European citizens. These rights are enshrined in the initiative. Both NGOs are are MPs, MEPs, artists, profes- the Treaties of the Union, and now also in the Charter of Funda- now jointly asking to sign the sors, citizens of different political mental Rights. on-line petition. TRP will re- orientations – have promoted launch the letter-appeal and the elimination of discrimina- The EU is now examining an important proposal for a directive notably collect signatures of MP tion based on sexual orientation concerning “the right of citizens of the Union and their family and MEPs, in order to table the and notably the reform of family members to move and reside freely within the territory of the petition and the signatures to the law in order to introduce regis- Member States”. This directive is aimed at fully implementing the relevant decision-makers (Parlia- tered partnership for everybody Treaties and the provisions concerning the European citizenship, ment rapporteur, Commission, and access to marriage for same- guaranteeing new rights and eliminating unjustified discrimina- Council) in the different stages of sex couples. Radicals have been tions and obstacles to free movement of persons. the legislative process. Concern- particularly active in Italy: The ing the work in the European first Italian gay organisation, Until now same-sex couples, married or living in a durable rela- Parliament, TRP plans to support FUORI!, was a member of the tionship, that have seen their relationship recognised by a Mem- ILGA-Europe in its effort to have RP, and its members participated ber State that provides for such an opportunity, do not enjoy the its amendments to the Commis- in the 1976 general elections on same rights and duties when they move to another State of the EU. sion proposal tabled in the Par- the Radical Party’s lists. In the liament and to organise press 1980s, the RP drafted and For this reason we appeal to you, to ask you to eliminate such dis- conferences on the issue. pushed for a law for the legal crimination and guarantee the full, free movement of everybody, recognition of gender reassign- without unjustified discriminations, on the territory of the European ment. In May 2002, a Radical Union. Sign the petition! draft law on access to marriage for same-sex couples and for You can sign the on-line letter-appeal at: Further action is, however, need- legal recognition of registered http://servizi.radicalparty.org/gay_europa ed now by all of us – and by all partnerships (adoption rights of you: We need to gather as included) was tabled in the Ital- many signatures as possible! So ian Parliament with the support to speak, on behalf of TRP, in ples the same rights it grants to please, circulate the information of a coalition of MPs of all par- front of national government different-sex couples”,declared widely, ask your friends to sign. ties. representatives, so to overcome Marco Cappato, MEP and co- This will surely help our cause of the UN’s scandalous refusal to president of the TRP.“The fact achieving the legal recognition of Since the RP decided to become grant consultative status to that a Swedish same-sex married same-sex couples in the EU! a transnational organisation in ILGA. couple with a child is not legally 1988, activities started in other recognised when moving to countries. Radical activists were The TRP has now launched an other EU member states is sim- OTTAVIO MARZOCCHI arrested in Russia in the 1980s on-line letter-appeal to the Euro- ply an unjustifiable discrimina- Member of the Political Board of the TRP and Advisor to for demonstrating against the pean institutions and to the gov- tion, contrary to the spirit of Radical Members of the Euro- criminalisation of homosexual ernments of the member states Article 13 of the Treaty of the pean Parliament acts. One of the most recent ini- demanding full respect of the tiatives undertaken by the TRP freedom of movement of all EU was the collection of 134 signa- citizens and to eliminate all dis- contact info tures of MEPs to a petition in crimination against same-sex Transnational Radical Party the Egyptian “Queen Boat” case. couples. “The TRP believes that Brussels office, European Parliament, 7H149 Furthermore, the TRP has the EU, which defines the free- Rue Wiertz 60, B-1047 Brussels repeatedly raised the issue of dom of movement of its citizens phone: +32-2-2304121; fax:+32-2-2303670 GLBT rights at the UN, notably as one of its main freedoms and [email protected]; www.radicalparty.org. by allowing ILGA representatives aims, shall grant same-sex cou- 5 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 6

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Convention on the Future of Europe ILGA-Europe launches campaign on the future of Europe

In our last Newsletter (p. 7), we the various grounds of discrimi- In the last part of the submission involved to co-ordinate speakers reported about our initial activi- nation. Gender identity and sex- we call for the strengthening of addressing the members of the ties related to the Convention on ual orientation discrimination the principle of democracy with- Convention. ILGA-Europe par- the Future of Europe. The Con- are receiving a lower level of pro- in the EU. It is necessary to ticipated in the pre-meetings of vention will be making wide- tection than, for example, dis- ensure a structured civil dialogue three sectors: ‘“social”,“funda- ranging recommendations to crimination based on racial and in an enlarged Union. In order to mental rights” and “citizens and shape the future of the European institutions”.The pre-meetings of Union such as ensuring funda- ILGA-Europe’s submission is based on its existing the different sectors showed that mental rights for all citizens and there is a common consensus on increasing democracy and trans- policies and outlines a number of recommendations specific issues, even though civil parency in the EU. At the core of society includes a broad range of this process is the need to re-con- ethnic origin or gender. This make constructive contributions interests. These issues include the nect the citizens to the “Euro- hierarchy ignores the overlapping to the negotiation of EU legisla- need for the EU to engage in and pean project”.The Convention issues of multiple discrimination tion and policies, full access to be committed to a structured has, therefore, set up an internet occurring in many instances. documents and transparent deci- civil dialogue, the demand that forum where civil society can Therefore, a clear commitment sion-making procedures will be fundamental rights must be part post their positions and propos- in the Treaties to “equal and essential. Strengthening the prin- of any EU policy, and the need als as well as announce events effective protection against dis- ciple of democracy within the for increased transparency in the and debates on the future of crimination on any ground” is EU will require the strengthening work of the EU institutions. Europe. ILGA-Europe launched needed. of the role of the European Par- its submission to the Convention liament by giving it co-decision As part of civil society ILGA- in June. In the third section of our sub- powers notably in the areas Europe was also present at the mission, we focus on the EU’s involving non-discrimination two-day meeting of the Conven- role in promoting measures. tion and, together with other The ILGA-Europe submission and democracy in the world. NGOs, displayed information Since 1992 the EU has included a The full text and a summary of material at the information Our submission is based on human right clause in all its our submission are available at booths set up outside the meet- existing ILGA-Europe policies international agreements with our web-site www.ilga-europe.org. ing room. The event offered and outlines a number of recom- third countries. If the EU is to excellent opportunities to meet mendations. It is divided into promote human rights and with Convention members, four parts. Firstly, we call for put- democratisation in a coherent The Convention and civil society MEPs and other organisations. ting fundamental rights at the way, these human rights clauses heart of Europe. ILGA-Europe is must be given effect and take pri- On 24-25 June 2002, the mem- The European Economic and joining the large number of macy over economic and com- bers of the Convention, who have Social Committee (EESC) NGOs, academics and politicians mercial interests. Open discrimi- been meeting once a month since arranges, in co-operation with that call for the EU Charter of nation and exclusion of LGBT February 2002, met with civil the Convention, regular sessions Fundamental Rights to be incor- people and other minorities exist society in the Brussels EP build- of information and dialogue on porated into the EU Treaties and in many third countries. In order ing. The Convention had identi- the Convention proceedings. On for the EU to accede to the Euro- to stop human rights abuses it is fied eight topical sectors in which 27 June the third session took pean Convention on Human essential that these human rights pre-meetings with civil society place in the EESC building in Rights. ILGA-Europe also puts clauses are promoted in an open were arranged in order to allow Brussels with the participation of forward a number of recommen- dialogue with these countries. NGOs and other organisations Jean-Luc Dehaene, vice-president dations for strengthening the of the Convention, and António Charter and improving the rights Vitorino, representative of the of LGBT people such as the pro- Getting involved in the debate European Commission in the tection for and recognition of at national level Presidium of the Convention. family diversity and the right of One of the topics on the agenda same-sex couples to marry. ILGA-Europe encourages its members in EU countries to get was the role of the EU Charter involved in the Convention process by making contributions to on Fundamental Rights. ILGA- Secondly, we call for the integra- their national Convention members in order to reinforce the voice Europe participated in the meet- tion of the principle of equality. of the LGBT community in this debate. In order to facilitate this, ing and had prepared a special This demand is reflecting the fact ILGA-Europe will publish regular updates on its work on the Con- contribution on fundamental that the EU currently has devel- vention in the next issues of the Euro-Letter and also of this rights. Vitorino, who is the chair oped an equality hierarchy with Newsletter and at the web-site: www.ilga-europe.org. of the Convention working 6 different levels of protection for group on fundamental rights, Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 7

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future of Europe, and it organises The two-day meeting in June, web info regular informal meetings to therefore, should be seen as only The Laeken Declaration setting up the Convention – in all EU update and inform NGO mem- being the beginning of a dia- languages: bers interested in following the logue. This approach is even www.europa.eu.int/futurum/documents/offtext/doc151201_en.htm work of the Convention. more important now as the Con- vention concludes the so-called The Convention on the Future of Europe: The Contact Group has pro- listening phase and moves on to www.european-convention.eu.int duced a toolkit designed to sittings in working groups to inform individuals and civil soci- develop policies and recommen- The Forum – open for NGO participation: www.europa.eu.int/futurum/forum_convention/index_en.html ety organisations about how to dations in areas such as funda- follow and influence this debate mental rights, home and justice Information on the Youth Convention: on the future of Europe. The affairs and citizens and institu- www.youthforum.org toolkit provides practical infor- tions. mation on how the Convention Glossary of EU terminology: works and lists contact details of The civil society dialogue with www.europa.eu.int/scadplus/leg/en/cig/g4000.htm all the members of the Conven- members of the Convention will tion, as well as information on continue until the end of 2002. the work already undertaken by After that the Convention will spoke in favour of incorporating Contact Group. This group European civil society organisa- produce a series of documents the Charter into the Treaties. brings together representatives of tions. The toolkit can be down- with recommendations to the four NGO “families” – the social, loaded in French and in English Intergovernmental Conference development, human rights and from the ILGA-Europe web-site. (IGC) to start in 2004. The Civil Society Contact Group environmental sectors, as well as the European Trade Union Con- The Contact Group has been MV As a member of the Social Plat- federation (ETUC). This Contact very active in promoting and form, ILGA-Europe is also part Group unites a strong civil socie- pushing for a civil dialogue with of the so-called Civil Society ty voice in the debate on the the Convention and its members.

TAIEX seminar Implementing employment directives in candidate countries

As reported in our May Newslet- giving detailed overviews of the introduced the TAIEX office and which the two Article 13 direc- ter (p. 7), the TAIEX office of DG directives and external experts its activities. He emphasised that tives had been adopted. Enlargement in the European highlighting the particular areas there is a significant shift in the Commission had accepted a pro- of concern in relation to sexual nomenclature from “accession Anthony Lockett, DG Employ- posal of ILGA-Europe to arrange orientation and gender identity country” to “candidate country” ment and Social Affairs, gave an a seminar for government offi- discrimination as well as practi- as the future members have so overview of the introduction and cials and NGO representatives cal experiences on the implemen- much advanced in the enlarge- development of the anti-discrim- from the 13 accession countries tation process in some of the ment process that they are now ination work at EU level. He to provide training on the imple- member states. considered candidates. This, of emphasised that the Copenhagen mentation of the Framework course, would also mean that all political criteria setting the con- Directive against discrimination The two-day seminar was attend- Community legislation must ditions for EU enlargement in employment (Directive ed by 30 NGO participants rep- now be fully transposed into the includes a correct implementa- 2000/78/EC) and the Gender resenting lesbian, gay, bisexual, national legislation of these tion of the Community legisla- Employment Directive (Direc- and organisations countries. Barbara Nolan, Head tion including the two Article 13 tive1976/207/EEC recently from all the candidate countries of the Anti-discrimination Unit directives. He then outlined the revised, see p. 13) in relation to and representatives from the cen- of DG Employment and Social different strands of the Commu- sexual orientation and gender tral administrations of 11 candi- Affairs, stressed that the EU is nity Action Programme to com- identity discrimination. date countries (Bulgaria, Cyprus, Czech Republic, Estonia, Latvia, There is a significant shift in the nomenclature This seminar took place on 10-11 Lithuania, Malta, Poland, Slova- from “accession country” to “candidate country” July 2002 in Brussels and was kia, Slovenia and Turkey). jointly organised by the TAIEX office and ILGA-Europe. Its Paolo Gozzi from the TAIEX much more than an economic bat discrimination (2001-2006). agenda included presentations by Office opened the seminar wel- club and illustrated her statement Agreements with some candidate speakers from the Commission coming all participants and by referring to the speed with countries to participate in this 7 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 8

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action programme have already for further legislation to combat been finalised and even signed. info on TAIEX sexual orientation and gender The action programme, there- identity discrimination. Kurt fore, will be open for participa- TAIEX is a Commission Office supported by a Krickler, co-chair of ILGA- tion for Bulgaria, Romania, Hun- PHARE multi-country programme and is part Europe, addressed the hierarchy gary and Cyprus in 2002 and for of the Directorate-General Enlargement of in the protection from discrimi- Slovakia and possibly Turkey in the European Commission. TAIEX was set up nation that currently exists 2003. in January 1996 to provide the associated between the grounds listed in countries of Central and Eastern Europe with Article 13 EC. The Race Directive technical assistance on approximation of covers areas outside employment Implementation of the Frame- legislation. TAIEX’s mandate does currently but the Framework Directive work Directive cover the entire Community legislation, covering the other Article 13 which amounts to more than 80.000 pages grounds is limited to the field of Mark Bell, lecturer at law, Leices- of legal texts. TAIEX offers a range of techni- employment. ILGA-Europe has ter University, presented an cal assistance services drawing on the expertise of officials from recently published a policy paper, analysis of the Employment EU Member States, the Commission services and all other relevant which highlights the areas that Directive with particular focus on public and semi-public bodies at European level and in the mem- need to be addressed in future sexual orientation discrimination. ber states such as associations of economic operators. EU anti-discrimination legisla- He explained the scope of the tion (see May Newsletter, p. 2). directive giving examples of what For more information on the TAIEX services see direct and indirect discrimination http://cadmos.carlbro.be Krickler pointed out that mem- would imply as well as the defini- The seminar documents and the seminar report can also be down- ber states and candidate coun- tion of harassment and the direc- loaded from the ILGA-Europe web-site tries do not need to wait for EU tive’s inclusion of “instruction to legislation in order to introduce discriminate”.Moreover, the legislation giving protection analysis included an overview of discrimination ground, but it is policy. He presented the recently beyond the scope of the employ- the exemptions in relation to reli- to fall under “other factors” as the adopted revision of the 1976 ment directive. He mentioned gious employment and the reme- law enforces a general ban on dis- Gender Employment Directive, the Irish Equality Act as an dies and enforcement mecha- crimination. Slovenia has includ- explaining that it has been the example where all grounds of nisms such as the role of NGOs, ed sexual orientation discrimina- basis for many rulings handed discrimination enjoy an equal the shift in the burden of proof tion in the scope of the law but it down by the European Court of level of protection. Such an and the periodic review. is not expressly included as a pro- Justice. He stressed that it was approach also facilitates the han- hibited ground for dismissal from necessary to implement the case dling of multiple discrimination, One of the issues raised by some work. law of the Court into a new and i. e. the discrimination faced by a of the participants related to the revised directive. Monica Fuentes person on several different meaning of the concept of trans- In its long line of case law García of the European Court of grounds, for example age, dis- posing EU law into national law regarding the implementation of Justice gave a presentation of the ability and sexual orientation. and whether there was a need to directives, the European Court of Court’s jurisprudence on this specifically include sexual orien- Justice has been calling for an directive focusing on case C- According to reports from partic- tation in the wording of national explicit and specific transposition 13/94, P v S and Cornwall County ipants some candidate countries laws. Judging from the reports on of directives in order to secure Council. In this case, the Court are actually considering the non- the progress with regard to the that Community legislation is concluded that discrimination of hierarchical approach. The Czech implementation of the Frame- applied uniformly throughout a transsexual by her employer fell Republic has recently set up a work Directive there seem to be the member states. Therefore, it within the scope of the Gender working group to prepare a pro- various solutions and approaches seems likely that the Court in a Employment Directive. posal for a single anti-discrimi- in the candidate countries. While future case on the transposition nation act, the work will be based countries such as Lithuania and of the Framework Directive Mark Bell then analysed the on the Irish Equality Act. Bulgar- the Czech Republic have included would find it necessary to revised Gender Employment ia is currently debating an anti- explicit reference to sexual orien- include sexual orientation in the Directive with regard to its impli- discrimination draft bill covering tation in their new labour codes, wording of a national law seeking cations for gender identity dis- all grounds and providing the others, such as Malta and Cyprus, to implement the Framework crimination. He emphasised that creation of a committee covering do not expressly mention sexual Directive. This approach on full the Court’s ruling in P v S is not gender, race and other grounds. orientation in their draft propos- transposition of Community law very well known but has an This bill would transpose both als. In the case of Malta it will be was also supported by comments impact on the directive’s imple- the Race Directive, the Gender a general ban on discrimination, made by Mr Lockett. mentation into national legisla- Employment Directive and the and sexual orientation is consid- tion as it clearly also covers gen- Framework Directive. Estonia is ered to fall under the scope of der identity discrimination. soon to be drafting an equality application. In the case of Cyprus Implementing the Gender act that will include sexual orien- sexual orientation is seen to fall Employment Directive tation discrimination. The Slovak under the scope of “unfair dis- Going beyond employment government has supported an missal”.Slovenia and Latvia have Dimetri Kontizas, DG Employ- discrimination equal treatment act, the parlia- adopted new labour codes. In ment and Social Affairs, gave an ment, however, has been reluc- Latvia there is no explicit men- overview of the development of A special session of the seminar tant to ratify the proposal 8 tioning of sexual orientation as a the Community’s gender equality was dedicated to discuss the need because it specifically mentions Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 9

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sexual orientation discrimina- still have to eliminate discrimina- Framework Directive by the progress towards identifying and tion. Due to upcoming parlia- tory age of consent provisions member states will be formally eliminating discrimination. mentary elections it seems from their penal codes. This on the EP agenda when the unlikely that the anti-discrimina- question clearly belongs to the European Commission will ILGA-Europe executive director tion bill will be adopted before Copenhagen political criteria that report to the Council and Parlia- Ailsa Spindler, who chaired the the elections. must be met before accession. ment – as foreseen in the direc- seminar, said: “I welcome the Secondly, there is the implemen- tive itself – after December 2005, opportunity for all present to tation of the Framework Em- i. e. in the next parliamentary exchange information, including The role of the ployment Directive. This is part period (2004-2009). In the short examples of best practice. This European Parliament of the acquis communautaire.In run, the Intergroup has asked was, in many cases, the first time her view, it is necessary that sex- Commissioner Günter Verheugen a representative from a country’s In its annual reports on the can- ual orientation be mentioned to give an update on LGBT issues LGBT community had sat at the didate countries’ progress explicitly as a non-discrimination in the context of enlargement at same table as a representative of towards accession, the European ground in the legislation to be the meeting of the Intergroup in their government. Even in those Parliament has been monitoring adopted by member states old Strasbourg in September 2002. countries where progress towards the developments in all the coun- and new. The idea that a general The Intergroup will continue to meeting the accession criteria is tries. The Parliament will also be equality clause would suffice is work together with NGOs both well advanced, meetings such as voting on the admission of each legally unsound and politically at the European and at the the TAIEX seminar will improve individual candidate country. dangerous. Such an approach national level to mobilise effec- the dialogue between govern- The Intergroup on Lesbian and would give the impression that tive political pressure for gay and ment and LGBT activists. For Gay Rights in the European Par- some forms of discrimination are lesbian equality in the enlarged those countries where there is liament has been particularly to be taken more seriously than European Union. much progress still to be made, active in promoting and support- others. In general, a majority in examples of good practice and ing progress and keeping the the European Parliament shares ‘peer pressure’ will help to issue of sexual orientation dis- the view that in the end the safe- Conclusion encourage legislators to make crimination on the enlargement guards against all forms of dis- improvements. ILGA-Europe is agenda. crimination should offer the Much of the value of seminars delighted that, through initiatives same level of protection and such as this lies in the exchange such as the TAIEX programme, Joke Swiebel, MEP and chair of cover the same areas of social life. of a wide range of information, the Commission is devoting the Intergroup (PES/NL), spoke In this respect, much works both formally and informally. resources to help ensure compli- at the closing session. She under- remains to be done. The TAIEX seminar gave LGBT ance with the Copenhagen crite- lined that in the context of organisations and representatives ria with respect to equal treat- enlargment gay issues are mainly Joke Swiebel also informed that of their national governments an ment of LGBT citizens.” twofold. First, some countries the implementation of the opportunity to make real MV

Social exclusion An issue for LGBT people Much of the work to progress social exclusion. These priorities ❚ An “open method” of policy co- ❚ a joint Commission and Coun- LBGT rights has focused on were part of a larger package, ordination cil report. changes to the law to ensure for- which includes the work to com- ❚ An action programme. mal equality for LGBT people bat discrimination under Article Four common objectives were set exists. The fight against social 13 and work to promote gender The second of these, the social for the national plans.2 (Specific exclusion provides another focus equality. The strategy was not inclusion action programme1,is targets were not set. This con- for equality – not least in the stand-alone but arose from a similar to the action programme trasts, for example, with strict European context: how day-to- strategic goal of the EU becom- to combat discrimination under rules that each member state day policies can be used to ing “the most competitive and which ILGA-Europe receives core must observe in its budget as part improve the situation of those dynamic knowledge-based econ- funding and a number of lesbian of EMU.) The 4 objectives are: who experience disadvantage. omy in the world”,capable of and gay organisations in EU ❚ to facilitate participation in sustained economic growth with member states are receiving employment and access by all to more and better jobs and greater funding to undertake projects. the resources, rights, goods and The development of EU policy social cohesion. services; The “open method” of co-ordi- ❚ to prevent the risks of exclu- In 2000 the European Council The implementation of the strat- nation consists of sion; agreed a strategy and a set of egy will take place through two ❚ common objectives, ❚ to help the most vulnerable; actions to combat poverty and key activities: ❚ national action plans, and and ❚ to mobilise all relevant bodies. 1 See the Commission’s web page on the Community Action Programme to 2 The text setting out the common objectives and the “sub-objectives” for Combat Social Exclusion 2002-2006 for more details: each of the four main objectives is available at These objectives were developed http://www.europa.eu.int/comm/employment_social/soc-prot/ http://www.europa.eu.int/comm/employment_social/soc-prot/ soc-incl/ex_prog_en.htm soc-incl/approb_en.pdf in further detail in an annex 9 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 10

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attached to the Presidency Con- The plan notes the coming into ❚ Ireland to tackling social exclusion. This clusions of the Nice European force of the partnership law. The Irish action plan also quotes comment seems particularly rele- Council in December 2000.3 the third objective of helping the vant to the references to sexual A second reference to LGB rights most vulnerable. However, they orientation. The first national action plans in the German action plan is cite a different sub-objective: “To were submitted in 2001,4 and it is planned that future national What is social exclusion? Future opportunities action plans will be submitted every two years after that. Opportunities for progress The Joint Report on Social Inclusion of the Commission and the towards equality for LGBT peo- Council gives the following definition: Social exclusion and pover- The Commission and Council ple are more likely to occur in ty occurs when people are prevented from participating fully in have published the first Joint the national action plans and economic, social and civil life and/or when their access to income Report on Social Inclusion.5 This future joint reports than in the and other resources (personal, family, social and cultural) is so report documents and analyses action programme – principally inadequate as to exclude them from enjoying a standard of living the situation across all member because the Commission is keen and quality of life that is regarded as acceptable by the society in states and identifies key chal- to avoid overlaps across a num- which they live. In such situations people often are unable to fully lenges for the future. ber of programmes under which access their fundamental rights. NGOs can receive funding and In addition, the EU, through the seems to unofficially classify LGB Social Protection Committee made in the section that lists promote the social integration of issues under the heading “dis- (SPC), has begun work on devel- examples of good practice. The women and men at risk of facing crimination”. oping common indicators on plan cites the programme of the persistent poverty, for example poverty and social exclusion. The government of the Land of because they have a disability or A core challenge is ensuring that aim of having common indica- Schleswig-Holstein. In 1997, the belong to a group experiencing the term “social exclusion” is tors is to enable the EU to moni- Land government established a particular integration problems”. properly understood and that all tor progress towards the com- regional ministry portfolio and aspects of it are included in the mon objectives. The SPC pre- developed an anti-discrimination The Irish plan refers to the inclu- fight against exclusion. The sented a report recommending a programme. sion of sexual orientation in the appendix to the Greek action set of 18 indicators in October equality legislation and the deci- plan provides a brief discussion 2001.6 ❚ Sweden sion of the Equality Authority to of the difference with some In the Swedish action plan, the set up an Advisory Committee examples to illustrate the point reference to LGB people arises in on Equality for , Gays that LGBT organisations could The experience the context of the third objective: and Bisexuals (see also page 19). adapt for future use.8 For exam- of the first round to help the most vulnerable. The ple, although the definition used particular sub-objective from the by the Commission and Council Three member states raised LGB Nice conclusions is “to move The Joint Report includes exclusion from partici- issues in their national action towards the elimination of social pation in social and civil life, plans: Germany, Ireland and exclusion among children and The Joint Report of the Commis- none of the indicators developed Sweden. The Joint Report also give them every opportunity for sion and Council draws on the by the SPC reflect this aspect of mentions sexual orientation. social integration”. references to sexual orientation social exclusion. There appears to be no explicit contained in the German, reference to the experience or The Swedish National Agency for needs of transgender people in Education has been instructed to The first national action plans were submitted in any of the documents. investigate the situation as 2001, and it is planned that future national action regards racism, sexual harass- ❚ Germany ment, homophobia and gender- plans will be submitted every two years after that The inclusion of LGB people in related bullying in schools and to the German national action plan report by November 2001. Swedish and Irish action plans. It The Joint Report provides a comes under the second of the noted that all member states had number of useful references that four objectives: to prevent the The Swedish Employment Action submitted national action plans LGBT organisations can use in risks of exclusion. In particular, Plan is included as an annex to by the deadline of June 2001. lobbying on future national Germany has included same-sex the social inclusion action plan, However, the short time available plans and when making a sub- couples as coming within the and there are a number of refer- for preparing the national action mission to the Commission scope of the commitment in the ences in it to the National Action plans meant that many of them when it considers the drafting of Nice conclusions “to implement Plan Against Racism, Xenopho- reported on actions that had the next Joint Report. It identi- action to preserve family solidar- bia, Homophobia and Discrimi- already been decided on rather fies discrimination as an impor- ity in all its forms”.7 nation. than setting out a new approach tant factor in social exclusion

3 The annex is available in three languages at http://www.europa.eu.int/comm/employment_social/soc-prot/soc-incl/indicator_en.htm http://ue.eu.int/Newsroom/related.asp?max=1&bid=75&grp=3026&lang=2 7 See page 33 of the English version of the German National Action Plan: 4 The texts of all national action plans are available in their original languages at http://www.europa.eu.int/comm/employment_social/news/2001/jun/napincl2001de_en.pdf http://www.europa.eu.int/comm/employment_social/news/2001/jun/napsincl2001_en.html In the German text, it appears on page 34. This version is available at http://www.europa.eu.int/comm/employment_social/news/2001/jun/napincl2001de_de.pdf 5 The Joint Report has been published in three parts in each of the working languages of the EU. It is available at http://www.europa.eu.int/comm/employment_social/soc-prot/soc-incl/joint_rep_en.htm 8 See footnote 4 for the address of the web page containing links to all of the national action plans. The Greek plan is available in Greek and English. 10 6 The report on the first set of indicators is available in each of the languages at Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 11

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and notes that some countries Although most countries did not increase social inclusion.” the work on social inclusion is in have pointed to sexual orienta- explicitly name sexual orienta- The nature of the work on social “soft” policy. Engaging with this tion as a relevant ground of dis- tion or transgender issues, the exclusion may also present a area of policy work will entail crimination (page 24 of the Eng- Joint Report does say “A few challenge to ILGA-Europe and its developing a knowledge and lish language version); it notes Member States (Netherlands, member organisations. Much of understanding of developments the lack of data on discrimina- Finland, Sweden, Belgium, Ire- the work ILGA-Europe and its and the approaches used in it. tion (page 24); it points to the land and Greece) clearly establish members are doing has been in need for the provision of educa- a link between equal status and the area of human rights and law As with almost every area of EU tion, housing, health and other non-discrimination measures reform: decriminalisation, equal and national policy, the high services to address the needs of and acknowledge that equality of age of consent, recognition of degree of silence on the relevance those who are at risk of social opportunity and legal measures partnership rights, etc. Success is of policies for transgender people exclusion and enable them to to combat discrimination are measured with the introduction will need to be tackled. access their fundamental rights now an essential part of EU of “hard” results like new laws or (pages 40-59). social policy and a key means to directives. In contrast, much of

European Parliament Increased pressure on Hungary, Bulgaria and Cyprus

In September 2001 the European accordingly before being voted entation reflects basic principles and will afterwards go through Parliament included in its resolu- by the plenary. of the EU and that new member an adoption procedure in which tion on accession a call on the states are expected to accept the European Parliament and the governments of Hungary, This was successful, and the final these principles. In 1998, the national parliaments will be Cyprus, Bulgaria and Romania to resolution called upon the gov- repeal laws discriminating ernments of all three countries to against homosexual men and les- “eliminate provisions in the Cyprus follows bian women. With Romania penal code which discriminates On 11 July 2002 the Cyprus parliament decided to give in to the repealing its notorious penal against homosexual men and les- pressure from the European Union and amended its age of consent code Article 200 three months bian women”.All three have dis- law to treat homosexual and heterosexual relations equally. In later, the pressure on the other criminatory age of consent laws – order to remain on course for accession Cyprus reluctantly com- three countries increased. a form of discrimination that the promised to raise the age of consent for heterosexuals from 16 to European Human Rights Com- 17 and to lower the age of consent for homosexuals from 18 to On 13 June 2002 the Parliament mission had ruled to be a viola- 17. Eliminating the discriminatory age of consent is a major adopted the Brok report on the tion of the European Convention achievement. It is however “sad that the changes are brought state of the enlargement negotia- on Human Rights. Each country about in response of EU pressure rather that being motivated tions, which is an annual report also has other discriminatory because homosexuals’ rights are human rights” commented ILGA- on the accession countries’ criminal law provisions. Europe member Alecos Modinos of the Gay Liberation Movement of progress towards membership in Cyprus. ILGA-Europe issued a media release on the law reform on the EU. The report contains a “The European Parliament reaf- 12 July. resolution including calls for spe- firmed its commitment to the cific actions to be undertaken by importance of an implementa- the accession countries. It was tion of human rights also for les- European Parliament already asked to give their consent to the debated and submitted to the bians and gays in the applicant warned that it would not give its admission of each new member plenary by the Parliament’s For- countries”,states Dutch Green consent to the accession of any state. eign Affairs Committee. The MEP Joost Lagendijk who tabled country that “through its legisla- Committee’s report included a the amendments to the report tion or policies violates human “In this stage of the accession recommendation to the govern- both this and last year: “We agree rights of lesbians and ”. process the pressure of the Euro- ments of Cyprus and Bulgaria to with Commissioner Verheugen pean Parliament and the Com- repeal criminal law provisions that these rights are part of the With the adoption of the Brok mission proves to be effective as violating the human rights of les- Copenhagen criteria.” report, the European Parliament we could see with the develop- bian women and gay men but is sending a strong signal at a ments in Romania and in Cyprus forgot Hungary with similar EU Commissioner responsible crucial moment for the EU where the laws have been laws. Therefore, ILGA-Europe for Enlargement, Günter Ver- enlargement process. The changed,” adds Lagendijk. worked with Members of the heugen, has on several occasions enlargement negotiations are to European Parliament to ensure stressed that elimination of dis- be finalised during the Danish MV that the resolution was amended crimination based on sexual ori- EU presidency in autumn 2002 11 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 12

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European Parliament Urgency resolution on Egypt

Some Members of the European “the 50 men should be afforded ing the retrial. for human rights. In its resolu- Parliament have been particular their fundamental universal The beginning of a retrial and tion of 4 July, the Parliament involved in protesting and moni- human rights, namely: right to a the Parliament’s resolution of 4 underlines the human rights toring the developments of the fair trial; right to freedom of July come at a time where the clause in Article 2 of the Associa- prosecution of allegedly gay men thought; right to freedom from adopted EU-Egypt Euro- tion Agreement and stresses that in Egypt. We have been continu- torture and cruel or inhuman Mediterranean Agreement is more effort and attention is ously reporting on the actions treatment; right to privacy; right open for ratification by the par- needed to ensure that human undertaken by MEPs and ILGA- to equality before the law. Every- ties. In November 2001 the EP rights are respected. Europe in the so-called Cairo 52 body is entitled to the protection had already adopted a resolution or Queen Boat case. It dates back that these rights provide”.Cash- on the occasion of the conclusion On 5 July ILGA-Europe issued a to May last year when 55 men man is now calling on the Com- of the Association Agreement media release calling for a shift in were arrested in a disco, and 52 mission and the Council to expressing deep concern of the the EU’s approach in promoting of them were charged in a state express serious concern to the arrest, detention and trial of the democracy and human rights in security court on 18 July 2001 for Egyptian institutions regarding 52 men and calling on Egyptian the world. It was pointed out that “obscene behaviour” and the retrial of the men and to authorities to continue their if the EU is to succeed in having “expressing contempt for reli- closely follow developments dur- efforts to ensure greater respect a coherent approach in promot- gion”. On 14 November, 29 of the 52 men on trial were acquitted and the other 23 convicted to European Parliament resolution on human rights violations in Egypt between one and five years of Human rights: Persecution of homosexuals in Egypt hard labour. Despite an immense pressure from international The European Parlia- their homosexuality] as 2. Stresses that free- includes a clause human rights organisations and ment, a matter of urgency’, dom of information, demanding that human politicians the Egyptian govern- • having regard to the • having regard to speech and association rights and democratic ment announced on 23 June this Universal Declaration of Egyptian law, which are fundamental principles be respect- year a decision to put 50 of the Human Rights of 1948, does not penalise aspects of developing ed, but believes that 52 men on a retrial. • having regard to Arti- homosexuality as a and deepening democ- much more effort and cle 11(1) of the Treaty criminal offence, racy; attention is needed to on European Union and A. whereas a new trial 3. Expresses its con- ensure that these are As a reaction to the ongoing Article 177 of the EC will begin on 2 July cern, reiterates that the upheld in practice; human rights violation in Egypt Treaty, which establish 2002 for 50 of the 52 52 men should be 5. Stresses that partic- in general and to the announce- the promotion of human men arrested at a Cairo afforded universal ular attention must be ment of the retrial in particular, rights as an objective gay night-club on a Nile human rights – namely: paid to prohibiting dis- MEP Michael Cashman (PES/ of the common foreign riverboat last year, the right to a fair trial; crimination on grounds UK) initiated an urgency resolu- and security policy, B. whereas 23 of them the right to freedom of of sexual orientation; tion the Parliament debated and • having regard to Arti- were sentenced in thought, conscience 6. Asks the Commission adopted on 4 July. It is the Parlia- cle 2 of the EU-Egypt November 2001 to jail and religion; the right and the Council to ment’s third resolution dealing Euro-Mediterranean terms ranging from one to freedom from torture express serious con- with human rights violations Agreement, now open to five years on charges and cruel or inhuman cern to the Egyptian against homosexuals in Egypt for ratification by the of debauchery, two of treatment; the right to authorities regarding during the past year. parties, them, who were privacy; the right to the retrial of 52 Egypt- • having regard to its accused of being ring- equality before the law ian citizens on grounds In the urgency resolution the EP previous resolutions on leaders, were convicted –, and reaffirms Article of their sexual orienta- calls on the Egyptian authorities , of crimes of contempt 14.7 of the Internation- tion, and to follow to call a halt to all prosecution of particularly that of 14 for religion and given al Covenant on Civil closely developments citizens on the grounds of homo- June 20011, and to its longer sentences and and Political Rights, during the retrial set to sexuality and to protect their resolution of 29 29 were found not which states that ‘no commence on 2 July; 2 individual freedoms. The Parlia- November 2001 on the guilty, one should be liable to 7. Instructs its Presi- ment emphasises that according conclusion of the afore- be tried or punished dent to forward this res- to Article 14, 7 of the Interna- mentioned Agreement, 1. Calls on the Egyptian again for an offence for olution to the Council, particularly paragraph authorities to call a halt which he has already the Commission, the tional Covenant on Civil and 6 thereof, which ‘calls to all prosecution of been finally convicted governments and par- Political Rights no one should be upon the authorities to citizens on grounds of or acquitted in accor- liaments of the Member tried or punished again for an free the 23 men given homosexuality and to dance with the law and States, the member offence for which this person has custodial sentences [on protect their individual penal procedure of countries of the UN already been finally convicted or grounds relating to freedoms; each country’; Human Rights Commis- acquitted. 4. Underlines the fact sion and the Govern- 1 OJ C 53 E, 28.2.2002, p. 406. that Article 2 of the ment of Egypt. After the adoption of the resolu- 2 OJ C 153 E, 27.6.2002, p. 332. Association Agreement 12 tion Cashman firmly stated that Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 13

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ing human rights, it is time to defining respect for human rights human rights clauses and have emphasise human rights, an start implementing the measures as an “essential element” in the continued to set policies of trade approach which ILGA-Europe set out in the human rights relationship between the EU and and economic co-operation as hopes will be followed by the clauses. Since 1992, the EU has the third country. But so far the higher values. The European Par- other EU institutions. included in all its agreements Commission and the Council liament, by adopting this urgency with third countries a clause have been reluctant to use these resolution, has shown the will to MV

European Parliament Sexual and reproductive health On 3 July the Parliament adopted Committee held a public hearing marriage. This co-operation and Action. The report launches a report and resolution on sexual on sexual and reproductive rights resulted in recommendation 24 an appeal to the member states and reproductive health and and reproductive health in the of the adopted resolution: “call- and the accession countries to rights in the EU and the candi- European Union and the candi- ing on the governments of the review the implementation of the date countries. The resolution is date countries. This hearing took Member States and the Candi- ICPD Platform and Action and based on an own initiative report place in the EP in Brussels on 26 date Countries to provide access the safeguarding of international from the Women’s Rights and February 2002. Given the fact to sexual and reproductive health human rights instruments. Equal Opportunities Committee, that many sexual and reproduc- services without any discrimina- drafted by MEP Anne van Lanck- tive health services and rights are tion on the grounds of sexual Commissioner David Byrne, er (PES/B). Despite strong oppo- restricted to married couples, orientation, gender identity or responsible for Health, Environ- sition against the report and its ILGA-Europe worked together marital status”. ment and Consumer Protection, recommendations it was adopted with MEPs to have a recommen- said afterwards that sexual and with 280 votes in favour, 240 dation included which would The report is a follow-up on the reproductive health is a health against and 28 abstentions. take the increasing number of UN International Conference on determinant and therefore part people into consideration who Population and Development of the EU’s Health Strategy. Before drafting the report the choose a different lifestyle than (ICPD) and the ICPD Platform MV

European Union New protection against workplace discrimination

In 1996, the European Court of The decision to revise this direc- linked to gender reassignment. that date in which to bring their Justice delivered a historic judg- tive was a consequence of the Second, organisations working to laws into line with the standards ment in the case P v S and Corn- directives adopted in 2000 under promote equal treatment are in the new directive. It is crucial wall County Council. It decided Article 13 EC. These provided entitled to bring cases “on behalf that the implementation process is that the dismissal of a woman as a higher standards of protection or in support of” a victim of dis- carefully monitored to ensure consequence of her decision to against discrimination and it was crimination, with his or her express reference to the protection undergo gender reassignment was necessary to make similar agreement. This means NGOs of transgender people in national unlawful sex discrimination con- changes to EU gender equality working on behalf of transgender laws. ILGA-Europe will be pro- trary to the 1976 Equal Treatment laws. Following the Court’s deci- persons could assist them in ducing a guide to the new direc- Directive (207/76). Although more sion in the P case, the new meas- challenging discrimination in tive and the key issues to lobby for than five years have passed since ures will also protect individuals employment. Finally, member with national governments. This this judgment, few member states facing discrimination related to states must create bodies for the directive only concerns employ- have amended their gender equali- gender reassignment. There are promotion of equal treatment, ment discrimination. The EU ty laws to provide explicitly for the three aspects of particular signifi- which shall provide “independent Commission will now propose a protection of transgender people cance in the revised directive. assistance to victims of discrimi- further directive on gender dis- against discrimination. However, nation”.This could include legal crimination in other areas, such as an opportunity for progress in this First, there is a clear ban on advice or even assistance with the education and healthcare. ILGA- area is presented by the adoption harassment “related to the sex of financial costs of bringing a case. Europe is actively campaigning to by the European Parliament and a person”.Employers are encour- ensure this includes protection Council in June 2002 of a package aged to take preventative steps to The directive should be published against discrimination based on of amendments to the Equal combat harassment at work. This in the EU Official Journal in Sep- gender identity. Treatment Directive. should also include unwanted tember 2002, and national author- conduct (verbal or physical) ities will have three years from MARK BELL 13 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 14

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In our series introducing European NGOs ILGA-Europe is working together with at European level, we are presenting in this issue AGE, Contact details the European Older People’s Platform. In previous issues we have introduced the Social Platform (November 2001), SOLIDAR (February AGE – the European Older People’s 2002) and the European Network Against Racism (May 2002). Platform 111 rue Froissart, B-1040 Brussels www.age-platform.be [email protected] NGO co-operation at EU level AGE – European Older People’s Platform

AGE, the European Older Peo- European Union and raises financing and organisation of low-up to this Strategy at Euro- ple’s Platform, is a not-for-profit awareness of the issues that truly (health care) services. However, pean level. The Regional Imple- network of organisations and concern them. this negative image does not do mentation Strategy to be adopted individuals which aims at pro- justice to the enormous cultural in Berlin reaffirms that societies moting good policy and practice AGE saw the light in January and professional resource repre- share common values, including on ageing in the interests of older 2001 after a two-year consulta- sented by older and retired peo- those pertaining to human people in the European Union. tion process between the differ- ple. Their vast contribution to rights, fundamental freedoms AGE represents all areas of age- ent existing European networks society, often in a voluntary and the fight against all forms of ing policy and older people’s of older people’s associations. capacity, is too often overlooked discrimination. So far, the policy interests. It draws its legitimacy The division of representation and needs to be recognised. A directions laid out in the Com- from the fact that older people and scattered efforts had weak- change of attitudes is needed if mitments are in many ways fairly ened the voice of older people the European society is to positive. They start from main- Old Europe and fuelled the arguments to become a society for all ages, as streaming ageing in all policy intensify co-operation and better well as a change in policies. As its fields and ensuring full integra- Statistics reveal the importance of co-ordinate activities among the president Steen Langebæk notes: tion and participation of older society ageing in Europe. different networks. This took “The ageing of the European persons in society. The draft The table shows persons 60 years shape with the creation of a com- population does not have to cre- states governments’ commitment and over as a percentage of the mon platform open to all Euro- ate a crisis. It is a gradual process, to eliminate all forms of discrim- total population up to 2050 pean, national or regional older so it is still possible to plan for ination and to combat all forms (Source: Eurostat) people’s organisations. The Euro- change. However the EU govern- of neglect, abuse and violence. Country 2000 2020 2050 pean Commission recognised the ments must have the political On the other hand there are few Austria 20,4 28 40 importance of such representa- courage and foresight to act now. firm commitments that would Belgium 22,1 30 38 tion at European level and agreed If they do, both older and imply governments providing Denmark 19,9 28 36 to fund AGE under the anti-dis- younger people and Europe extra resources. Finland 19,8 30 36 crimination programme. Like the stand to win – if they do not, France 20,7 29 38 other European organisations everyone stands to lose.” AGE collaborates with ILGA- Germany 22,9 30 41 funded under this budget line, Europe through the Platform of Greece 23,2 29 41 one of AGE’s main activities is to Age discrimination is directly European Social NGOs and has Ireland 15,8 24 39 monitor the transposition and addressed in Article 13 EC and established good working rela- Italy 24,0 32 44 Luxembourg 19,6 28 36 the implementation of the anti- serves as a basis for AGE activi- tions notably in the areas of anti- Netherlands 18,5 29 37 discrimination directives in the ties in social and employment discrimination. Along with Portugal 20,9 26 38 15 EU member states. Other cor- policies. Although committed to ILGA-Europe and other NGOs, Spain 21,8 28 44 nerstones of AGE’s work are inte- follow all issues of interest for AGE works towards a Europe Sweden 20,2 29 36 gration, participation, inclusion, older people, AGE adopted four where all citizens are equal. UK 20,9 27 37 access, choice, well being, inde- main priorities in addition to the “Through collaborative projects, EU 15 21,8 29 40 pendence, equal opportunities, anti-discrimination policies: the we are able to speak with a life course approach and inter- newly adopted European co- stronger voice than we could if generational solidarity. operation on pension and social we worked alone”,says Anne are directly represented in AGE protection, on social exclusion Sophie Parent, AGE’s new direc- (in accordance with the Plat- The main underlying principle of and the European initiatives on tor. “In many areas of policy we form’s statutes, 51% of the AGE’s work is the recognition of life-long learning. share common aims and con- organisations represented at the older and retired people as a cerns, and I anticipate further General Assembly must be resource. The ageing of society is At international level, 2002 has opportunities for close co-opera- organisations of older people, as often seen in negative terms, i. e. been an active year for AGE with tion with ILGA-Europe.” opposed to organisations for in terms of challenges posed to the negotiations and the adop- CATHERINE DAURELE older people). AGE therefore the age structure of the labour tion of the UN Strategy on Age- Officer, AGE – European Older voices and defends the interests force, the sustainability of social ing in Madrid in April 2002, and People’s Platform 14 of older and retired people in the protection schemes and the the coming adoption of the fol- Ilga Newsletter 3.2002 13.08.2002 22:50 Uhr Seite 15

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Homosexuality in Russia Current legal trends

Criminal prosecution of homo- cannot be enforced in practice sexual acts was repealed in Russia due to the current Russian cir- in 1993 after the initial wave of cumstances: Homosexuality is a democracy and liberty that swept latent characteristic that is not photo: Kurt Krickler the country upon the collapse of obvious in most cases, and peo- the former Soviet Union. Prior to ple would usually not reveal it in 1993, consensual homosexual such situations. The blood, how- relations could result in impris- ever, is always screened for HIV. onment of one to five years. Dur- According to officials of the ing the Soviet era, criminal pros- blood transfusion centres the ecution of homosexuals lasted non-acceptance of homosexuals almost sixty years. The total ban as donors rests as a vestige of was finally repealed primarily Soviet times. In the spring of due to pressure from the Council 2002, State Duma deputies, of Europe. Although sexual rela- indeed, attempted to revive other tions between two women were vestiges of the totalitarian epoch. Pierre Noël, ILGA-Europe’s representative to the ILGA-World Board never banned by the criminal (left), and Russian gay and lesbian activists – Ignat Fialkovsky, code, lesbians suffered great Presently, we can observe three Sergey Popov, Marina Balakina and Nadezhda Nartova – were humiliating and personality tendencies in the field of penal speaking at a press conference in St. Petersburg on 8 June. Local destroying ordeals in psychiatric legislation that also effect gays LGBT groups participated in a three-day forum on social solidarity. clinics. In 1999, the Russian Min- and lesbians: istry of Health removed homo- sexuality from the classification ❚ attempts to re-criminalise However, it should be noted that raphy.” The authors also declared of mental and behavioural disor- homosexual behaviour as a the latter bill has never been offi- that their bill is supported by the ders. As a result, the present means of political campaigning cially introduced and discussed public including religious organi- Russian Federation does not offi- on the threshold of parliamen- in parliament. sations. The bill was introduced cially consider gays and lesbians tary elections in December 2003 to the Parliament’s Lower House as criminals or mentally ill. Such and elections at other levels; The authors of the bill to outlaw by the members of Narodny de- positive changes in the state ❚ plans to amend the criminal homosexual relations between putat (“People’s Deputy”) headed approach however still have not code regarding sexual offences in men emphasised that such a by G. Raikov, who use any lead to positive developments in general and to tighten the provi- measure should be introduced to opportunity to emphasise their Russian legislation. Discrimina- sions against sexual exploitation “strengthen public morality and pro-presidential position. tion on the grounds of sexual of minors in particular; the health of citizens. Its adop- orientation (or gender identity) ❚ attempts to legally recognise tion will help to fight venereal It is worth mentioning that one is not directly banned by any sexual minorities’ rights by mak- diseases and AIDS, the involve- of the authors of the bill is D. current law, and same-sex cou- ing discrimination on the ment of minors in prostitution, Rogozin, chairman of the Russ- ples are still denied any family grounds of sexual orientation an and the distribution of pornog- ian parliamentary delegation to rights and not protected under offence. any legislation. Russian books Today only one legal act of the Re-criminalisation attempts Nicolas Alekseyev is the Russian Federation directly dis- author of the first book in Rus- criminates against homosexuals. The first trend has materialised sia dedicated to the legal It is the 14 September 2001 in a bill to amend the criminal aspects of homosexuality. Its Order of the Health Minister code as to re-criminalise homo- title translates as “The Legal establishing “Procedures for sexuality, or more precisely: con- Status of Sexual Minorities: medical observations of the sensual anal intercourse between Russia in the Light of Interna- donors of blood and its compo- men in private above the age of tional Organisations’ Practice nents”.According to this docu- consent. According to the and the Legislation of Other ment persons with AIDS, HIV explanatory notes of the bill, Countries”. It was released by Beck publishing house in Moscow and those belonging to so-called other forms of homosexual acts in early 2002. “risk groups” (homosexuals, (as well as female homosexuality) His new book titled “Gay Marriage: A 21st Century Puzzle. Family drug-users, prostitutes) are are not intended to be made ille- Status of Same-Sex Couples in International, National and Local banned from donating blood. gal. Later, a bill to also crimi- Law” has just been released in Russia by Beck publishing house. During my talks with a high nalise sexual acts between ranking official from one of women was proposed by Liberal To order copies of the books, e-mail the author at Moscow’s centres of blood trans- Democrat deputy A. Mitrofanov [email protected] or call Beck publishing house in fusion I realised that the ban on in order to make men and Moscow (phone 007-095-786-6981). homosexuals to donate blood women equal before the law. 15 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 16

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general and to tighten the provi- Main features of the proposed bill to amend the sions against sexual exploitation criminal code regarding sexual offences of minors in particular – is reflected by a bill that was pre- ❚ Increasing the penal- penalty can go as high ❚ Increasing the penal- including premises; sented to the State Duma in the ty for forced sexual as 10 years imprison- ty for involving minors penalty of up to 5 spring of 2002 by a group of relations, regardless of ment. Only a person into prostitution from 5 years imprisonment; deputies headed by the chair- sexual orientation; who has reached the to 6 years imprison- ❚ Prohibiting the pro- man of the Committee for ❚ Increasing the age of age of 18 can be pros- ment; duction, storage or dis- Women, Family and Youth consent both for homo- ecuted. Thus, sexual ❚ Introduction of a new tribution (including Affairs, T. Goryacheva. The bill sexual and for hetero- relations between per- provision prohibiting cross-border move- provides for the increase of the sexual relations from sons below the age of the distribution of ment) of pornographic age of consent for both homo- 14 to 16 years, and 18 cannot be prosecut- pornographic material material portraying sexual and heterosexual relations the maximum penalty ed; to a minor; penalty of minors; penalty of up from 14 to 16 years, and of the for this offence from 4 ❚ Increasing the penal- up to 6 years imprison- to 5 years imprison- maximum penalty for offences to 5 years imprison- ty for adults commit- ment; ment (up to 8 years in against this provision from four ment. In case of addi- ting debauchery with a ❚ Prohibiting the organ- “special circum- to five years imprisonment (this tional negative circum- person under the age ising of prostitution or stances”). age of consent would only apply stances the maximum of 16; providing assistance, if a partner is of age, i. e. above 18). The bill also provides for the tightening up of various the Parliamentary Assembly of raise in the age of consent from ther rapprochement with West- other provisions, such as on the Council of Europe. Subse- 14 to 16 years. The deputy chair- ern countries and will never be prostitution, and for the intro- quently he disassociated himself man of Souz Pravyh Sil (“Union signed by President V. Putin. duction of new provisions, such from the initiative though he did of Right Forces”), A. Barannikov, However, the initiative played a as on the production, distribu- not conceal the fact that he called attention to the fact that significant role in attracting tion and possession of porno- would have not been against one of the conditions of Russia’s public and media attention for graphic material involving criminal prosecution of homo- entry to the Council of Europe the situation of gays and lesbians minors (for the details see sepa- sexuals. Asked in various inter- was to repeal the ban on homo- in Russia. rate box above). views and press conferences, the sexual relations between con- authors of the bill were unable senting adults. This bill provoked very negative to prove how this provision Protection from sexual reactions from some leaders of could achieve the intended The reaction of the Russian exploitation the Russian gay community. The objectives. media to the initiatives was also main concern is not the law very negative. Most of the The other trend mentioned itself but the fear of its discrimi- The most influential Russian papers considered the bill as an above – to amend the criminal natory application. This fear is politicians did not comment on attempt by the party (which has code regarding sexual offences in fuelled by the fact that at the the initiative. The reaction of a rating close to zero) to get many Russian public figures and political dividends before the statesmen was very negative. elections playing on the minds Immediate reaction Vice-speaker of the Duma, L. of the low educated electorate. When on the morning of Tuesday, 23 April 2002, the news about Sliska of the pro-Putin faction Most of the media considered the bill to re-criminalise homosexuality in Russia reached the Edinstvo (“Unity”) said: “When I the bill a good reason for irony. ILGA-Europe office, we reacted literally within minutes. We sent saw this legislative initiative it However, they did not plea for an e-mail to Peter Schieder, president of the Parliamentary Assem- seemed to me that it was con- any positive legal changes in the bly of the Council in Europe, passing on the media release of the st nected with 1 of April. In our status of sexual minorities LGBT group “HS” in St. Petersburg in which they had disseminated criminal code we have provi- either. the bad news. The Assembly happened to meet in Strasbourg the sions prohibiting non-consensu- very same week for its spring session, and on that very Tuesday, al and forced sexual activity. At present the bill is in the Legal its responsible committee was holding a hearing on Russia’s hon- This is sufficient.” The leader of Committee of the Duma, and ouring of its human rights obligations under the European Conven- the deputy group Regiony Rossii most commentators think that it tion. This was indeed a useful coincidence, and ILGA-Europe (“Regions of Russia”), O. Moro- will not even reach its first read- asked Schieder to also talk with those Russian members of the zov, noted that “everyone will ing. But even if this happens, it Assembly who had tabled the bill in the Duma and who were likely laugh at us, I think even African is considered unlikely that it to attend the Assembly’s session in Strasbourg. We pointed out countries ... I do not see any would pass in the current cir- that the criminalisation of homosexuality indeed would be a viola- sense in the reintroduction of cumstances. It clearly is in con- tion of the Convention. the criminal punishment for tradiction with the Constitution homosexuality which existed in and the country’s international Peter Schieder reacted immediately, confirming that our message Soviet times.” obligations including those had arrived in time, that he had passed it on to the relevant com- under the European Convention mittees, and that he would try to convince Mr Rogozin in a person- The reaction of the Russian on Human Rights as interpreted al conversation that this bill was not in line with the human rights ombudsman for human rights by the European Court of commitments Russia has entered with its admission to the Council was negative, too, but at the Human Rights. It goes against of Europe. KK 16 same time he supported the the presidential policy for fur- Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 17

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same time, a bill was introduced against innocent people. It can- already a big step for Russia. A cussions on homosexuality at the to allow marriage from the age not be disregarded that many of bill prepared by deputy A. Vulf highest state level. This has never of 14 in case of special circum- these provisions could potential- intends to make it a criminal happened before in Russian his- stances (pregnancy, birth of a ly lead to arbitrary and false offence to discriminate against tory.In general, the processes child). The proposed new provi- legal prosecutions. people on the grounds of their taking place in today’s Russia can sion concerning the age of con- sexual orientation. There are no be characterised as a new vital sent would not apply to married On 27 June 2002 the bill was doubts that it will not be passed step toward gay and lesbian persons. passed by the Duma in its first by the Duma in its present state, rights and their embodiment in reading by 414 votes with 3 but in any case it has put a start public awareness without which The term “minor” defines a per- abstentions. No deputies voted to the long road for equality no changes in legislation are pos- son under the age of 18. In against the bill. Its becoming law between homosexuals and het- sible. many cases it is not possible to is now merely a matter of time. erosexuals in Russia. guess whether a person is 18 or It will probably happen during NICOLAS ALEKSEYEV below that age just by looking at this autumn’s parliamentary ses- In conclusion, it can be said that photos or videos. This could sion. the initiative to reintroduce a turn out to be problematic in total ban on homosexuality will the case of the provision pro- finally fail but play a positive hibiting the possession or stor- Ban on discrimination role. The media demonstrated its age of pornographic material ability to protect sexual minori- portraying minors. In practice The third trend is about positive ties, and society turned out to be this could easily lead to an arbi- rights for LGBT people and has not as homophobic as originally trary application of the law only just started. But this is thought. The bill has caused dis-

World conference Marriage, partnerships and parenting in the 21st century

“Marriage, partnerships and par- areas and involve a high number enting in the 21st century: The of experts. Furthermore the current international situation event provided the opportunity and new perspectives for gay, les- to present the results of the bian, bisexual and transgendered activities of the CERSGOSIG people and their families – a com- project and to expand the net- parative approach” – this was the work of legal experts. full title of a conference organised in Turin on 5-8 June 2002 by the About 80 speakers as well as International Lesbian and Gay convenors and 40 delegates, Law Association (ILGLaw), the essentially experts from all the Center for Research and Compar- different areas of the legal pro- ative Legal Studies on Sexual Ori- fession (academics, lawyers and entation and Gender Identity judges), and activists participat- (CERSGOSIG) and InformaGay. ed. The four-day conference It was held under the patronage included discussions on the cur- of Peter Schieder, President of the rent situation of and the per- Parliamentary Assembly of the spectives for same-sex and Council of Europe, EU Commis- trangendered families, in partic- sioner Anna Diamantopoulou, ular of same-sex and transgen- Regione Piemonte, Provincia di dered marriage and partner- Torino, Città di Torino, the The world conference further contents to the juridical ships, adoption and parenthood Departments of Legal Sciences debate. The idea then developed of gays, lesbians, bisexuals and and Social Sciences of the Univer- At its inaugural meeting in into a joint conference with transgender persons. Partici- sity of Turin, the Interdepartmen- Amsterdam in 2000 ILGLaw had CERSGOSIG, including its proj- pants came from all continents tal Centre for Research and Stud- decided to organise a world ect partners who agreed with and used this unique occasion ies on Women (CIRSDe) of the legal conference as a follow-up interest and enthusiasm as this to add new contributions and University of Turin and with the of the highly successful 1999 would be a possibility to extend perspectives to the legal debate support of CGIL, one of the main London conference organised by the debates of their own final as well as to develop personal trade unions in Italy. Robert Wintemute and to fuel project conference to other and professional contacts and to 17 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 18

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exchange information and ideas. and guaranteeing the rights of The CERSGOSIG project work of legal experts. The data The conference was structured homosexuals and transsexuals bank contains material divided in plenary (forums) and parallel in the areas addressed by the The conference included a pres- into five sections: 1) legal litera- sessions with a regional round- conference. Justice Wilhelmina entation of the CERSGOSIG ture, 2) legislation 3) case law 4) up, keynote speeches and a pres- Thomassen of the European project and its results. The proj- decisions of ombudsmen, agen- entation of the CERSGOSIG Court of Human Rights, Justice ect (setting up CERSGOSIG, the cies, commissions and other project. Lilian Hofmeister of the Austri- Center for Research and Legal decisions not binding to the an Constitutional Court, Hans Comparative Studies on Sexual parties, 5) contracts, codes of The three forums were moder- Ytterberg, Swedish Ombudsman Orientation and Gender Identi- conduct, deontological codes, ated discussions. The political against sexual orientation dis- ty) was conceived by the author resolutions, opinions. The data forum – “Strategies for legisla- is entered with reference to uni- tive change” – was a debate About 80 speakers as well as convenors and 40 dele- form criteria and classified between politicians, activists according to a conventional and trade union representatives gates, essentially experts from all the different areas classification code elaborated by from several jurisdictions about of the legal profession, and activists participated the partners of the project. achieving equality through statutory law reform at national crimination, Thierry Pitois- of this article and submitted by The centre and the data bank and international level. The Etienne, French family law judge the Italian association Informa- aim at disseminating legal infor- debate was convened by Dou- at the Tribunal de grand instance Gay. It has received support mation and promoting legal glas Elliott of ILGLaw and Ste- of Beauvais, took part to the from the European Commis- research and studies in the men- fano Fabeni of CERSGOSIG/ debate. sion’s Directorate-General tioned fields. A permanent sci- InformaGay, among the partici- Employment and Social Affairs entific committee formed by pants were members of the The twelve parallel sessions, and the Provincia di Torino’s experts from all over the world Dutch, Italian and European structured as moderated panels Council for Social Solidarity and a network of legal experts Parliaments, including Joke and convened by distinguished and Youth Policy. The 19 project will ensure the development of Swiebel, as well as Maria Giglio- academics and lawyers, focused la Toniollo, CGIL, and Riccardo on various specific topics which Gottardi, ILGA-Europe. were introduced by speakers CERSGOSIG from a comparative law per- For more information on the The academic forum – “Equal spective with regard to both the CERSGOSIG project or to benefits or equal rights – is national, European and interna- access the data bank: marriage just for heterosexuals? tional level. The sessions www.cersgosig.informagay.it Some rights, separate rights or addressed a variety of partner- the same rights to marry and ship rights in various situations The CERSGOSIG project will found a family: potentials and and their impact on family law. also be presented in a work- limitations in law and society” – shop at the ILGA-Europe annual focused on the right to marry The regional roundup consisted conference to take place in Lis- for same-sex couples and on of presentations by lawyers on bon on 23-27 October 2002. social and legal consequences of recent developments in equality opening up marriage for them. for lesbian, gay, bisexual and The debate was joined by transgendered people in differ- partners, including universities, the centre’s activities and the experts whose fields of research ent parts of the world. The institutions and organisations expansion and updating of the cover law, sociology, history and keynote speeches were delivered from 10 EU countries, have data bank. religion. by Luigi Manconi, Italian politi- been represented by distin- STEFANO FABENI cian and president of the associ- guished legal experts. Director of CERSGOSIG The judicial forum – “The role ation for civil liberties “A buon [email protected] of judges in implementing diritto”,E. J. Graff, American The CERSGOSIG project national and international writer and journalist, Kevin includes the setting up and human rights” – was convened Bourassa and Joe Varnell, plain- maintenance of a data bank by the Hon. Justice Edwin tiffs in the successful case before organised as a bibliographical Cameron of the High Court of the Superior Court of Ontario resource of publications related South Africa and discussed the on the legal recognition of to sexual orientation and gender role national and international same-sex marriage, and Justice identity. The material and courts (can) play in recognising Edwin Cameron. sources are provided by a net- your source of information on European LGBT issues: www.ilga-europe.org 18 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 19

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Sharing the learning LGBT anti-discrimination legislation and campaigning

The Coalition on Sexual Orien- across the region. A second tation in Northern Ireland objective was to aid LGBT organ- (CoSO) acted as host and also in isations across these jurisdictions partnership with the National in forming or developing net- Lesbian and Gay Federation in works and support through the Republic of Ireland, to hold a exchange of information and seminar in Belfast on 7-8 June partnership. 2002. It was expected that around 50 people would attend, The seminar allowed delegates to consisting of full-time equality & learn more about some of the anti-discrimination law and advances being made within Ire- public policy officers, legal advi- land as a whole in relation to les- sors, academics and activists, bian and gay equality primarily however the final participation within public services and public was 63. service provision in Northern More than 60 participants took part in the CoSO seminar Ireland but also in most spheres The aims and objectives of the of life in the Republic of Ireland. tion of equality legislation and thing that is happening around conference were to bring together also best practice. them. A report to be produced LGBT organisations and others Through the discussions and from the conference by the “sem- within these countries, whose sharing with others it was clear Delegates at the conference felt inar steering group” will high- work focuses on public policy that Northern Ireland and the that there was a real need for a light the differences but also illu- and anti-discriminatory legisla- Republic of Ireland are both far seminar such as this to have hap- minate the issues which can be tion. To discuss advances and advanced. Therefore the links pened, but also that the idea for worked on jointly across the shortfalls in the equality agenda and networks created and built this needs to be taken further. In nations. and also to share in best practice, upon during the seminar affords this regard the conference did by sharing knowledge and Northern and Southern Ireland what it set out to do, which was CoSO’s hope for the future is expertise about current and the opportunity to share their for people to come along from that the momentum from the future developments in law and knowledge about issues and the differing countries and share seminar is taken forward and policy affecting LGBT people problems faced by the introduc- and learn, with and about every- hopefully developed further. In this regard CoSO hopes that the Landmark report lished in this report seminar becomes an annual and effects all these event, with the host rotating Ireland’s Employment tatives of government areas. around the five participating Equality Act 1998 and departments. countries. Stonewall in Wales Equal Status Act 2000 The recommendations The report has also have nominated themselves to enables the Equality made by the EA pro- identified the way for- become the next host of the Authority (EA) to also vide an agenda for ward via three key “sharing and learning” seminar, promote equality for action in addressing elements for change to most delegates appeared to be the gay, lesbian and gay, lesbian and eliminate discrimina- supportive of this idea. bisexual community in bisexual disadvantage tion and promote terms of their experi- in such areas as edu- equality for gay, les- The event was extremely timely ence, situation and cation, training, bian and bisexuals: 2001, the EA had to as the Westminster Government identity. On 22 May employment, services, mainstreaming, partic- deal with 33 new announced that they were con- 2002, the EA launched health, support net- ipation, and training. It cases of discrimination sulting LGBT and other groups a landmark report enti- works and community also proposes actions on the grounds of sex- and non-governmental organisa- tled “Implementing development. The and approaches for all ual orientation and 7 tions on developing a “Single Equality for Lesbians, report also formulates sectors of society to from previous periods. Equality Body” for the UK. Gays and Bisexuals”. It key strategies to bring about the posi- The full text of the was assisted in the address this disadvan- tive inclusion of LGB reports is available at However this initial joint meet- preparation of this tage. The extent of people. www.equality.ie (fol- ing allows us to identify areas of report by an advisory discrimination and low the links to publi- good practice bringing the whole committee involving exclusion experienced On 26 June 2002, the cations and leave the LGBT debate forward but only gay and lesbian organ- by the gay, lesbian Equality Authority pub- search field blank). goes as far as a short step on a isations, the social and bisexual commu- lished its Annual long walk. partners and represen- nity is clearly estab- Report for 2001. In KK JAMES KNOX CoSO, Belfast 19 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 20

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cations” at the Prime Minister’s Office. Özbas and Erol showed up in court but no final decision was taken because the court could news not get hold of the printer. A striking point with this court case is that the prosecutor decided the magazine to be harmful to minors clips after KAOS GL was registered as a legal maga- zine. This decision puts the magazine into the same category as pornographic publications although it is shaped by gay and lesbian peo- Strasbourg: Europe, in a media release issued on 12 July. ple’s feelings and thoughts in a cultural, social Landmark ruling “We are working against gender identity dis- and political context. Consequently this crimination and welcome the Court’s deci- means that the magazine cannot be sold to On 11 July 2002 the European Court of sion. It is important to ensure the fundamen- persons below 18, and bookstores can sell it in Human Rights unanimously found the United tal rights of every person regardless of his or covered envelopes only. Kingdom in breach of Articles 8 and 12 of the her gender identity and sexual orientation”, European Convention on Human Rights in added co-chair Kurt Krickler. The decision was published in the Official the case Christine Goodwin v. the United King- Gazette, and KAOS GL was notified about it. dom. Goodwin, a transsexual woman having MV Certainly, the KAOS GL group members do undergone gender re-assignment, is legally not accept this hypothetical correlation still recognised as a man and therefore has to between homosexuality and “moral develop- pay national insurance contributions until the Turkey: ment of minors”.One reason for gays and les- age of 65. Had her gender identity been recog- Campaign against stigmatisation bians at KAOS GL to come together years ago nised, she could, like women in general, stop was to tell the public that homosexuality is paying national insurance contributions and The KAOS GL magazine has been published not only sexuality, and sexuality does not would be entitled to receive a state pension regularly since September 1994 by the KAOS equal pornography. Although Turkish laws do when she turned 60. GL group. KAOS GL was an underground not regard homosexuality as a crime or an ill- magazine until November 1999 when it ness, a government institution obviously can This case is one of several cases against the received a warning from the Security Depart- put pressure, at its own initiative, on associa- UK where authorities continue to refuse to ment Press Office. Soon after that KAOS GL tions and publications dealing with homosex- legally recognise the gender re-assignment of registered as a legal publication and has been uality. transsexuals by maintaining the birth certifi- published as such since December 1999. cate as an unamendable document. Whilst the Strasbourg Court previously found that such decisions fell within the discretion of state competence, it now considers that “society might reasonably be expected to tolerate cer- tain inconveniences to enable individuals to live in dignity and worth in accordance with the sexual identity chosen by them at great personal cost”.The Court concludes that the fair balance inherent in the Convention, which previously had been favouring the UK now tilted decisively in favour of the appli- cant, and found the UK had failed to respect Goodwin’s right to private life as set out in Article 8 of the Convention.

Another consequence of the lack of legal recognition of transsexuals’ re-assigned gen- der is that they are not able to marry a person of the gender opposite to their re-assigned gender. The Court found that there could not be found any justification for barring a trans- Turkey’s gays and lesbians are gradually coming out of the closet sexual from enjoying the fundamental right to marry and found the UK in breach of Con- But the trouble just began at that point. The KAOS GL group has been playing a significant vention Article 12. Office of the Press Prosecutor filed charges role in Turkey’s gay and lesbian movement against Ali Özbas and Ali Erol who were with its magazine. Most KAOS GL members “The European Court of Human Rights has accepted as the responsible people for KAOS became visible in public in the last two years, cemented an important milestone in the GL.The office also filed a charge against the taking a great risk with this step. They also recognition and respect of individual’s gender printer of the magazine and accused KAOS transformed the magazine’s office into a gay identity, an issue that too often is ignored in GL of not sending copies of the magazine to and lesbian cultural centre. Many student the debate of gender equality”,commented the Press Prosecutor’s Office and to the “Com- members come out at the university campuses 20 Ailsa Spindler, executive director of ILGA- mittee to Protect Minors from Harmful Publi- with their gay and lesbian identities. Group Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 21

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members participated in big demonstrations must take the issue of lesbian couples’ access such as May Day under the KAOS GL banner to artificial insemination seriously. Children web info and rainbow flags. TV and newspapers cov- conceived through insemination in lesbian www.gay.hr is the official web-site of ered all these activities in a positive way. Many couples must be granted the same judicial Iskorak, the national Croatian GLBT academics took part in panels and seminars in rights and the same right to know their origin organisation. It contains information the cultural centre. Several university students as other children. RFSL expect the issue to be about the organisation (www.iskorak.org), benefited from the centre when writing their solved before the end of 2002. a webzine, profiles, forums, chat, news thesis on a variety of topics ranging from etc. An English version will soon be launched! AIDS to gay and lesbian visibility. STIG-ÅKE PETERSSON http://pride.gay.hr is the URL of the offi- Now the group is planning to start its “Free cial Pride site with reports, pictures and KAOS GL” campaign in order to challenge the other interesting information about the decision of the above-mentioned committee Croatia: Gay Pride 2002 in Zagreb. and to positively influence public opinion. Successful first Gay Pride Two aspects will be addressed: firstly, the gen- eral wide spread assumption, which is rein- On Saturday, 29 June the first Gay Parade in threats and co-operated with the police to forced by the attitude of the authorities, that Croatia’s history was organised in the capital prevent acts of violence such as those homosexuality equals pornography, and sec- city of Zagreb. The festival had already started occurred in Belgrade last year, when gay pride ondly the committee’s particular decision stig- on 24 June with a six-day Pride Week full of participants were brutally beaten up and the matising KAOS GL as “obscene”. seminars, forums, exhibitions, parties and cul- parade was broken up. tural activities. The media showed great inter- Turkey’s gays and lesbians are gradually com- est in the events. About ten foreign and On 29 June, LGBT people gathered at the ing out of the closet. But the magazine, which domestic journalists covered the parade, and Zrinjevac Park in central Zagreb from where only expresses the very same people’s feelings during the week there were daily reports in all the parade started, walked in a circle through and thoughts, is sold in covered envelopes! major newspapers and magazines as well as the central parts of Zagreb and returned to The coming months will show if this contra- on TV and radio. On 29 June, Zagreb was the park, where prominent individuals held diction can successfully be eliminated by this “boiling” with excitement. speeches. The police had, for precautionary campaign. measures, raised a fence around the Pride Organising a Gay Pride in Zagreb was not area. The parade started peacefully, but soon ALI EROL easy. The city is known for hosting several met a group of protesters. When the march, right-wing organisations. The organisers, Isko- accompanied by 250 policemen and guardians rak (Coming out) and Kontra and two other of a private company, passed the Flower’s Sweden: Parliament okay adoption On 5 June 2002, the Swedish parliament adopted a government proposal to allow same-sex-couples in a registered partnership to adopt children. The decision concerns both the possibility to adopt the partner’s child(ren) and international adoption. The parliament also decided to allow registered partners to be appointed as guardians of a child. The law will take effect early next year.

During the debate in parliament, MPs of all parties except the Christian Democrats spoke in support of the proposal. When it came to voting all MPs of the Christian Democrats and most MPs of the Conservative Party voted against the proposal. When it came to voting on international adoption 183 MPs said “yes” and 115 “no”. Croatia’s first Gay Parade was protected by the police due to preceeding anonymous threats The issue of lesbian couples’ access to medically assisted insemination was postponed. The NGOs, prepared the somehow sceptical public Square, it was met by applauding supporters. explanation for that given by the government is in advance through statements given to the The right-wing protesters answered by throw- that the rules have to be investigated more media. Several newspapers interviewed citi- ing eggs, watermelons, stones and even a bot- thoroughly. The parliament, therefore, instruct- zens in Zagreb, asking for their opinion about tle. Toward the end of the parade, a tear gas ed the government to investigate the issue the up-coming parade. Many were positive, canister was thrown at the marchers, but swiftly and make a proposal to the parliament. but some thought there was no need for missed its target, and the wind dispersed the arranging such an event as in their view there fumes. RFSL, the Swedish Federation for Lesbian and was no homophobia in Croatia at all. The The next day the police announced that they Gay Rights, commented that the government organisers had also received anonymous had arrested 27 persons before, during and 21 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 22

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EU funding opportunities (including NGOs dealing with 2.4 Enhanced legal awareness trafficking in human beings) to among journalists. enhance the protection and pro- On 8 August, the European Com- Ukraine, FR Yugoslavia, and motion of human rights with spe- Specific objective n° 3: Gover- mission issued a call for propos- Zimbabwe. cific focus on the delivery of nance. als for work to promote human legal assistance, advocacy skills Results: rights in certain countries. This Here an example of an extract and activities, with a view to 3.1 Improved awareness in civil may provide an opportunity for from the guideline showing the their increased contribution to society of good practice in the LGBT organisations in the EU to kind of work the Commission is national and local policy and area of accountability of public work with sister organisations in interested in funding for Serbia decision making in issues relat- decision making, including at these countries. The closing and Montenegro (formerly the ed to human rights and democra- the local level. date for applications is 5 Republic of Yugoslavia). Propos- tisation. 3.2 Civil society organisations November 2002. als should be directed towards enabled to act as watchdogs in achieving one or more of the Specific Objective n° 2: Freedom the fight against corruption at all The nature of the work the EU results indicated under each of expression and independent levels. will fund is quite specific, and specific objective. media. differs for each of the countries. Results: The announcement for the call is The list of countries is: Algeria, Specific objective n° 1: Human 2.1 Local community media at: http://www.europa.eu.int/ Bosnia-Herzegovina, Burundi, rights education and training. developed and made more pro- eur-lex/en/dat/2002/c_188/ Cambodia, Colombia, DR of Results: fessional (including as regards c_18820020808en00150016.pdf Congo, Eritrea, Ethiopia, Fiji, 1.1 Enhanced capacity of public ethical behaviour). The documents for the call are Georgia, Guatemala, Haiti, officials at the national and 2.2 Enhanced quality and cover- available from links on the fol- Indonesia, Israel, Gaza and the local levels to promote and pro- age of human rights and democ- lowing page: West Bank, Ivory Coast, Mexico, tect human rights. ratisation issues in the media. http://europa.eu.int/comm/ Mozambique, Nepal, Nigeria, 1.2 Improved capacity of Human 2.3 Promotion of the defence of europeaid/projects/eidhr/ Pakistan, Russia, Rwanda, Sierra Rights organisations at the independent media through use cfp-general-2002_en.htm Leone, Sudan, Tunisia, Turkey, regional and local levels of legal procedures

after the parade. They were identified as and Kontra are now launching a campaign to reluctance of Austria’s constitutional court to teenagers, hooligans and members of right- give same-sex couples the same legal rights as hand down a ruling in line with the interna- wing organisations or their sympathisers. married couples. tional human rights conventions. Finally, on

Eleven persons were injured before or after ALEKS GAJSEK 24 June 2002 the court declared Article 209 the march. At a press conference on 1 July, unconstitutional. It took five complaints and Sandra Juras, president of the lesbian group 16 years to convince the court that such a dis- Kontra, announced that the organisers were criminatory provision is a breach of human collecting information from eyewitnesses and Austria: rights, as the European Human Rights Com- victims to be used to prosecute still unidenti- Article 209 repealed mission had ruled in Sutherland v. UK in fied hooligans. 1997. Indeed, it is still doubtful whether the In our May Newsletter (p. 17), we reported judges are really convinced or just yielded to The parade received great support from the about the unending story of the fight against the international pressure. Whatever their political elite and human rights organisations. the unequal age of consent provision in Aus- motive finally was, the decision is a great vic- Several politicians from the ruling centre-left tria (Article 209) and the unwillingness and tory for the LGBT movement in Austria. The coalition attended the Pride. The Social- Democratic Party as well as the Liberals, the Social-Liberal Party and the Green Party, whose leader Damir Hrsak is openly gay, had sent representatives to the Pride. The Minister of the Interior, Mr Sime Lucin, gave a speech photo: Christian Högl in which he told the marchers to love each other and fight for their rights. He also con- gratulated the participants for showing such great courage and said he was hoping the next Gay Pride would be organised without the need for police protection.

Croatia’s first Gay Parade with its approxi- mately 200-300 participants was a success and a victory of tolerance, respect and equality. There are still strong prejudices against homosexuality in Roman-Catholic Croatia, but public acceptance of alternative lifestyles has grown in recent years. GLBT organisa- tions such as Iskorak, Kontra and LORI are counting more members each day, branches Activists protested in front of the parliament in Vienna against a new law being introduced to 22 are being opened across the country. Iskorak substitute Article 209 that had been repealed by the Constitutional Court only a few days before Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 23

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two ruling parties, the conservative ÖVP and the right extremist Freedom Party of Jörg Haider, had been blocking any political reform in the last 20 years, holding a majority in parliament since 1983. “This decision, therefore, is also a blow in the face of these two parties”,explained the author of these lines in ILGA-Europe’s media release of 24 June. “Both parties have vigorously been defending the law until this very day con- sciously ignoring six resolutions of the Euro- pean Parliament, a recommendation of the Council of Europe, and a request of the Unit- ed Nations Human Rights Committee, all demanding the repeal of Article 209.”

ÖVP and FPÖ, however, turned out to be bad losers. On 10 July, Article 209 was repealed by Parliament, the general age of consent for gay sex thus being harmonised at 14. However, at the same time, new criminal code provisions ILGA-Europe was represented at the Barcelona conference by co-chair Jackie Lewis and by were voted by the two parties, ostensibly to Robert Wintemute of the School of Law, King’s College London protect minors from sexual exploitation. These new provisions (Article 207 b, 1-3) do pologists, theologians and journalists from focused on the role of the European Union in not make any distinction with regard to sex or Spain, France, Italy, the Netherlands, and the defending human and civil rights of LGBT sexual orientation. It is now a criminal offence United Kingdom discuss the issues surround- people in the Mediterranean countries and in to engage in sexual relations with a 14 or 15 ing equal access to marriage and adoption for Eastern Europe. Participants included MEP year old person by exploiting the “lack of LGBT individuals and same-sex couples. Jean Lambert (Greens/UK) and MEP Marco maturity” (and, at the same time, one’s own In the workshop “Strategies to Follow for Cappato (Radical Party/I). superiority based on the difference of age) or European Demands”,Lewis drew attention to a situation of distress of this person. More- the limits on the competence of the European On 21 June, over, sexual relations with a person under the Community in relation to marriage and adop- Riccardo age of 18 are illegal if a remuneration of any tion. But she also stressed the important role Gottardi kind is rendered to this person. the European Community can play in relation participated to equal treatment of same-sex couples in in the con- People wonder, however, why politicians have employment and free movement of persons. ference “Unions of Europe” (from the opening not seen the need for such provisions before. Wintemute urged the participants to lobby up of marriage in the Netherlands to civil The heterosexual age of consent in Austria has the Spanish government to sign and ratify unions – the options for the legal recognition been 14 since 1803, and for two centuries het- Protocol No. 12 to the European Convention of same sex couples) which Arcigay Nazionale erosexual youth has been completely unpro- on Human Rights, which will create a general had organised on the eve of the Milan Gay tected against such offences. LGBT activists, prohibition of discrimination, broader than Pride March. He introduced ILGA-Europe’s therefore, met the new provisions with great the existing Article 14. position on the subject, in particular relating to scepticism and will closely monitor whether the EU Charter of Fundamental Rights, and they are only or mainly applied against gays ILGA-Europe was also represented in the two the relevant campaigns dealing with the recog- and lesbians. conferences this Newsletter reports about on nition of unmarried partners and of registered KK p. 17 and p. 19. Board member Riccardo Got- (or married) couples and their families in the tardi gave a speech in Turin. After outlining context of freedom of movement within the ILGA-Europe’s campaigns and achievements, EU and for the purpose of refugee status and he stressed the need for NGOs to “be daring” asylum. Participants included Dutch MP Boris ILGA-Europe: in their demands to obtain full equality since Dittrich, MEP Monica Frassoni (chairperson of Recent Board activities “being cautious” is rather the task of politi- the Greens at the EP) and MEP Marco Cappa- cians. Jackie Lewis attended the seminar in to. On 24-26 May in Barcelona, ILGA-Europe Belfast. participated in “Equal Rights for Gays and On 25 June, Kurt Krickler participated in a Lesbians: European Forum on the Right to On 7 June, Riccardo Got- panel discussion organised in the context of Marriage and Adoption”,organised by the tardi attended Europride 2002 in Cologne. The topic of the Office for Civil Rights of the Barcelona City the confer- discussion was the integration of gay and les- Council and ILGA-Europe member organisa- ence “Europe bian migrants. tion Coordinadora Gai-Lesbiana. ILGA-Europe is Freedom” was represented by co-chair Jackie Lewis and which Arcigay On 5-7 July, executive director Ailsa Spindler by Robert Wintemute of the School of Law, Nazionale, the National Italian Gay Associa- represented ILGA-Europe at the conference King’s College London. Around 200 partici- tion, had organised, with the patronage of Jornadas Lésbicas, organised by the Portuguese pants (mainly from Spain with a few from ILGA-Europe, in Padua just before this year’s lesbian group Clube Safo in Lisbon. Portugal) heard lawyers, sociologists, anthro- national Gay Pride March. The conference 23 Ilga Newsletter 3.2002 13.08.2002 12:03 Uhr Seite 24

ANNUAL CONFERENCE AT LISBON, PORTUGAL 23-27 October 2002

Lisbon holds promise of productive of ILGA-Europe’s objectives, particularly in member organisations in Western Europe and and enjoyable conference relation to the European Union. The opportu- Eastern Europe can serve to develop strong nities for promoting LGBT rights in this field human rights movements in the latter. Plans are well advanced for a productive and are quite exceptional, although the complexi- enjoyable conference in Lisbon, the theme of ty of the European Union can sometimes Amongst the many other subjects to be which is “Recognising Diversity, Promoting make it difficult to understand just how much addressed, there will be workshops on trans- Equality”. is at stake. The workshops will cut through gender issues, , lesbian organising, this complexity. And they will show clearly fundraising, and two recent cases on lesbian The programme, with two plenary panel ses- what has to be done at national and Euro- and gay parenting at the European Court of sions and some 21 workshops, will address a pean level if the opportunities presented by Human Rights. In the latter workshop the pro- broad enough range of subjects to ensure such historic events as tagonists in the two cases will the present to that there is plenty to interest all participants. ❚ the enlargement of the European Union, describe their experiences in challenging sex- the implementation of EU wide anti-discrimi- ual orientation discrimination before Europe’s One of the plenary panel sessions will explore nation legislation, supreme human rights tribunal. the role of the Council of Europe and the Euro- ❚ the implementation of EU wide rules on pean Union in achieving equality for LGBT peo- immigration and asylum, and The conference will take place in a modern ple. A distinguished panel will include Peter ❚ radical proposals for reshaping the Euro- hotel a couple of metro stops from the centre Schieder, President of the Parliamentary Assem- pean Union itself, of Lisbon, one of Europe’s most spectacularly bly of the Council of Europe, human rights are to be converted into genuine progress for beautiful cities. There will be opportunities to lawyer Dr Robert Wintemute of King’s College LGBT people. visit the centre, including, we plan, a guided London, and a leading Portuguese politician. tour, a visit to the lesbian and gay quarter, The second plenary panel session will debate The second broad category of workshops and relaxing dinners in atmospheric restau- the role of trade unions in implementing the deals with strengthening the capacity of the rants. There will also be a women’s disco, Employment Directive, and will include represen- LGBT movement in Europe. In this section we and an end of conference party at Lisbon’s tatives of trade unions, a Member of the Euro- will look at the situation of LGBT Muslims in LGBT community centre. pean Parliament, and, we plan, a representative Europe, and the ways in which ILGA-Europe of the European Trade Union Confederation. and its member organisations can support The conference runs from 23 to 27 October – this section of our community in the face of visit www.ilga-europe/conference to find out The workshops fall into two broad categories: both lslamophobia and homophobia. We will more about the conference and to register. first, those dealing with the implementation also be looking at how co-operation between