European Union governments are in no hurry to widen the scope of the bloc’s anti-discrimination rules so that gays and lesbians can enjoy greater rights.

Under a law dating from 2000, discrimination in the workplace on grounds of sexual orientation is prohibited. Yet because the measure is restricted to employment and training, homosexuals are denied its protection once their working day is over. As a result, a doctor could refuse to treat a gay patient, or a landlord could refuse to let his apartment to a same-sex couple.

To plug this legislative gap, the European Commission came forward with a new proposal in July this year that would make it an offence to discriminate against gay people in access to healthcare, education, social protection, housing and the provision of goods and services. Discrimination on the grounds of age, disability, religion and belief are also covered by the proposal, which is modelled on EU-wide laws that have already been introduced against racial prejudice.

The blueprint has had a problematic birth. Senior figures from the European Commission, the executive arm of the EU, are known to have been reluctant to introduce the proposal, with some arguing that only discrimination against people with disabilities should be covered by it. Their rationale was that a more comprehensive measure would be unlikely to win approval from the EU’s governments.

This prediction appears to have at least partly materialised. Greece and Malta are seeking to have the measure watered down, according to EU officials, by seeking that the clauses on discrimination in education are removed.

An official tracking the law’s progress said that there is little chance that the Czech Republic will be able to secure a deal allowing the legislation to come into effect when it holds the EU’s rotating presidency in the first half of 2009. See Europe Goes Slow on Gay Laws
Inter Press Service, Italy

Gay and lesbian couples who have legal same-sex marriages or unions are being denied their rights to move and reside freely within the EU.

Yesterday the European Commission adopted a report on the application of Directive 2004/38 on the right of EU citizens and their family members to move and reside freely within the territory of the Member States.

The Directive lays down simple administrative formalities and gives to EU citizens and their families a right of permanent residence after five years of residence in the host Member State.

The Directive also extends family reunification rights to registered partners under certain conditions.

Commission Vice-President Jacques Barrot, Commissioner for Justice, Freedom and Security, said:

“Free movement of persons constitutes one of the fundamental freedoms of the internal market, to the benefit of EU citizens, of the Member States and of the competitiveness of European economy.

 See Same-sex couples denied EU right to freedom of movement

 

BRUSSELS – The majority of EU states, including the Republic of Ireland, deny same-sex partners of EU citizens the full right to move to join them as they do not recognise homosexual unions, the European Commission said yesterday.

“If a union is recognised in one member state, then another member should in principle accept that union,” justice commissioner Jacques Barrot told a news conference. EU citizens have the right to live in any of the union’s 27 states with their family but that does not apply in all states to the registered partners of homosexual citizens.

 See Ireland among 14 states that restrict rights of gay partners
Irish Times, Ireland