Homophobia and Discrimination on Grounds of Sexual Orientation ...

<strong>Homophobia</strong> <strong>and</strong> <strong>Discrimination</strong> on Grounds of Sexual Orientation in the EU Member StatesPart I – Legal AnalysisExecutive summaryImplementation of Employment Directive 2000/78/ECThe implementation of the Employment Equality Directive (Council Directive 2000/78/EC(27.11.2000)) has been variable across the Member States. In eight Member States theEmployment Equality Directive has been implemented as regards sexual orientationdiscrimination, in the fields designated by Article 3(1) of the Directive, i.e., in mattersrelated to work <strong>and</strong> employment. In ten other Member States, the protection ofdiscrimination on grounds of sexual orientation has been partially extended beyondemployment <strong>and</strong> occupation, in order to cover certain but not all fields to which theRacial Equality Directive (Council Directive 2000/43/EC (29.6.2000)) applies – i.e.,beyond work <strong>and</strong> employment, social protection (social security <strong>and</strong> healthcare), socialadvantages, education, <strong>and</strong> access to <strong>and</strong> supply of goods <strong>and</strong> services which areavailable to the public, including housing. In the nine remaining Member States, thescope of the protection from discrimination on grounds of sexual orientation has beenextended to all fields covered by the Racial Equality Directive. There is a tendency withinthe States belonging to the first two groups to join the third group to have the prohibitionof discrimination on grounds of sexual orientation in their domestic legislation extendedto all areas to which the prohibition of discrimination on grounds of race <strong>and</strong> ethnic originapplies.The first chapter focuses on three issues that have remained contentious throughout theimplementation of the Employment Equality Directive. First, it examines the hierarchy ofgrounds seemingly established under the two Equality Directives adopted in 2000. Thisreport concludes that this might not be compatible with the status acquired by theprohibition of discrimination on grounds of sexual orientation in international humanrights law (1.1.). Second, it presents an overview of equality bodies set up by the EUMember States in the implementation of the equality directives of 2000, showing that 18Member States have by now one such equality body whose powers extend todiscrimination on grounds of sexual orientation. The choices facing the Member Statesin setting up such bodies <strong>and</strong> the existing best practices are highlighted (1.2.). Third, itdiscusses whether the prohibition of discrimination on grounds of sexual orientationmight entail a prohibition of differences in treatment between married couples <strong>and</strong> nonmarriedcouples, whether the latter are de facto durable relationships or officiallyregistered. It answers this question in the affirmative (1.3.).1.1. The hierarchy of grounds of discrimination. Under current EU law, the prohibition ofdiscrimination on grounds of race <strong>and</strong> ethnic origin is stronger <strong>and</strong> more extended thanthe prohibition of discrimination on any of the other grounds mentioned in Article 13 EC,13