Date: Mon, 27 Mar 1995 01:38:57 +0200 From: Steffen Jensen E U R O - L E T T E R no. 32 March 1995 The Euroletter is published on behalf of ILGA - The International Lesbian and Gay Association - by the Eurosecretariat of the natio- nal danish organisation for gays and lesbians (LBL), Knabrostr{de 3, DK-1210 Copenhagen K. Tel. + 45 33 13 19 48 Fax + 45 33 91 03 48, in cooperation with Gay and Lesbian International Lobby. Edi- tors: Steffen Jensen, Ken Egelund Thomassen, Peter Bryld and Lis- beth Andersen. You can receive Euroletter via e-mail and from number 30 onwards the Euroletter is avaiabel on the Internet at gopher.seta.fi. Contributions to the Euroletter are most easily sent either by e- mail to steffen.jensen@uvm.min.dk or by fax to Steffen Jensen at +45 31 24 64 35 (voice and fax). In this issue: The Human Rights Court accepts Youth Case Spanish Partnership Law sold out Claudia Roth is Awarded the "EGALITE PRIZE" New Aids Law Passes in Russia Hungary Legalizes Common-Law Gay Marriage Moldova's application to the Council of Europe EU members against inclusion in OSCE document Relevant OSCE Meetings in 1995 12th Annual IGLYO Conference, Manchester IGLYO Coming-Out Training Course Application for NGO status with the Council of Europe Letter to the CoE Commission against Racism and Intolerance Comparative Survey of the Legal and Societal Situation of Homosex- uals in Europe Petition to the EU Parliament The Human Rights Court accepts Youth Case by Rex Wockner The European Court on Human Rights has accepted the case of a 17-year-old British man, Euan Sutherland, who says Britain's ban on gay-male sex prior to age 18 violates the European Convention on Human Rights. The European Human Rights Commission, which vets court complaints, ordered the British government to explain why young men need more protection than young women and why young gay men are punished for sexual relations when straights of the same age are not. Lesbians and heterosexuals can have sex at age 16. Britain's Home Office has until April 14 to respond, said the Lon- don weekly Capital Gay. Spanish Partnership Law sold out by Pere Cruells Some news about the Spanish Partnership law has been appearing re- cently, most of it quite hopeful, to the effect that Spain would be the next country to have such laws. After talking with people from the G-L movement, I realized that the situation is not so good. The Spanish political situation is too precarious to continue with the partnership law and the modifi- cation of the penal law, previously expected to be completed before next elections. In my opinion, the problem is that the socialists do not have the majority and are in need of support from the Catalan and Basque nationalists, who are conservatives. Also, the government has been involved in too many corruption cases and people are quite critical of the socialists, further eroding their support. These problems keep the socialists quiet, and have stalled their plans to proceed with the legislation. Naturally, gays and lesbians are quite disappointed with the go- vernment. Claudia Roth is Awarded the First "EGALITE PRIZE" On wednesday 1 March, EGALITE (the groups whose name stands for Equality for Gays and Lesbians in the European Institutions) will be awarding its EGALITE PRIZE for the first time. The prize will go each year to a prominent person who has advanced the rights of Europe's gays and lesbians. The choice was an easy one this time: the prize will be going to Claudia Roth, the German Green MEP, for her unstinting efforts to achieve non-discrimination and equality of rights for homosexuals. Her name has become irrevo- cably associated with the report entitled "Equal Rights for Homo- sexuals and Lesbians in the EC", which rapidly became known as the "Roth Report". Claudia Roth and the European Parliament have together given milli- ons of Europeans who still do not have equal rights confidence and the voice that is due to them. Among the targets of the Roth Re- port's numerous recommendations are the Member States and the Euro- pean Commission. The group EGALITE intends to do its utmost to ensure that these recommendations are translated into action, both in the Member Sta- tes and within the European institutions, which themselves do not recognize such rights! New Aids Law Passes in Russia by Rex Wockner Russia's lower house of parliament, the Duma, passed amended AIDS-control legislation Feb. 24 by a vote of 276 to 0 with 3 ab- stentions. It requires foreigners visiting for more than three months to prove they are HIV-free. Diplomats are exempt. The law will take effect Aug. 1 if President Boris Yeltsin signs it. He vetoed earlier legislation that would have required all vi- sitors to be tested for HIV regardless of duration of stay. The former Soviet republics together have deported 452 HIV-positive foreigners, according to Russian health officials. Russia has re- corded 105 AIDS deaths and 740 people testing HIV-positive. Gay groups and the World Health Organization say the numbers are inac- curate by at least a factor of 10. (Sources: ITAR-Tass news agency, Open Media Research Institute Dai- ly Digest) Hungary Legalizes CommonLaw Gay Marriage by Rex Wockner Hungary's Constitutional Court legalized common-law gay marriage March 8. Common-law and formally married couples have all the same rights in Hungary. Any couple that lives together permanently and has sex is considered married under common law. The court said a law limiting common-law marriages to "those formed between adult men and women" was unconstitutional. "It is arbitrary and contrary to human dignity ... that the law (on common-law marriages) withholds recognition from couples living in an economic and emotional union simply because they are same-sex," the court wrote. The justices ordered parliament to make the changes necessary to implement common-law gay marriage by March 1, 1996. Paradoxically, the court also ruled that formal, civil marriages are for heterosexual couples only. "Despite growing acceptance of homosexuality (and) changes in the traditional definition of a family, there is no reason to change the law on (civil) marriages," the justices wrote. Gay leaders welcomed the ruling. Lajos Romsauer, president of Home- ros Lambda, said it doesn't matter that only common-law marriage was legalized for gays because all the same rights are granted. Homeros initiated the legal action that led to the ruling. Denmark, Norway and Sweden are the other countries where gay cou- ples have the same rights as married people, under "registered partnership" laws that are commonly called "gay marriage." Moldova's application to the Council of Europe is up for examination very soon. HOSI Vienna has in this connection written to the deputy secretary general of the Council of Europe and the chairman of the Parliamentary Assembly to make them aware of the situation for gays and lesbians in Moldova. Article 106 of the penal code stipulated a penalty for homosexual acts. Alexandra Duda will write to the rapporteurs on behalf of ILGA. In a letter to Kurt Krickler the chief of the Committee for Foreign Policy of the Parliament of the Republic of Moldova has written "Surely, in the parliamentary process of reforming these laws , which has already started, ar- ticle 106 of the penal code of the Republic of Moldova will be abo- lished very soon." EU members against ILGA inclusion in OSCE document The Austrian foreign ministry has told that a reason for the non inclusion of gay/lesbian concerns in the final document from the Budapest OSCE meeting was that the EU member states could not agree upon it. The matter was discussed between the EU member states at the meeting, but they could not agree. Who can find out which coun- try(ies) were against? Relevant OSCE Meetings in 1995 1) "Building Blocks for Civic Society; Freedom of Association and NGO's" in Warsaw 4 - 7 April 1995. 2) Drafting Human Rights Legislation in Ashgabat 23 - 25 May 1995. 3) Seminar on Tolerance in Budapest 23 - 27 May 1995. 4) Implementation Meeting on Human Dimension Issues in Warsaw 2 - 19 October 1995. 12th Annual IGLYO Conference, Manchester (UK) IGLYO is holding its 12th annual conference this year in Manchester (UK). In the first week of August 100 young lesbians, gays and bisexuals will come together and discuss a variety of topics. The theme of the conference is *Celebrating Diversity*. Workshops include topics like racism, disability, religion, HIV/Aids, how to run exchange projects, introduction to the Europe- an Youth Structures and many more. There also will be wide range of creative leisure workshops including a trip to the British country- side. Date: July 30, 1995 - August 06, 1995 Place: University of Salford (Manchester, UK) Costs: approx 230 DM (German Marks) Participants: any lesbian, gay, bisexual youth under 27 years of age. For more information and to shortlist your name please write to the address below. IGLYO Main Secretariat PO Box 542 NL-1000 AM Amsterdam the Netherlands This event is sponsored by the European Youth Foundation (Council of Europe) and the Commission of the European Union (pending) IGLYO Coming-Out Training Course IGLYO is offering a one week coming-out training course at the Eu- ropean Youth Centre in Strassbourg, France. The course is aiming at young Europeans working in the field (either in their youth group or in another agencies). The course is open to anyone from a Council of Europe country (plus Russia, Belarus, Ukraine, Albania). Participants have to be under 28 years of age. Date: October 01, 1995 - October 07, 1995 Costs: approx 225 FF (French Francs) this includes full board ac- commodation PLUS travel reimbursement! Those who work qualify for compensation of loss of earnings. For more information please write to the address below and we'll send you information as soon as it becomes available. IGLYO Main Secretariat PO Box 542 NL-1000 AM Amsterdam the Netherlands This event is sponsored by the European Youth Foundation and Euro- pean Youth Centre of the Council of Europe. Application for NGO status with the Council of Europe Finally ILGA has sent off the application for NGO status with the Council of Europe. It is send by Hans Hjerpekjon to the Secretary General of The Council of Europe: Dear Mr. Tarschys On behalf of the International Lesbian and Gay Association (ILGA), I hereby submit ILGA's application for NGO Status with the Council of Europe. ILGA was founded in 1978 with the aim of working for the liberation of lesbians and gay men from legal, social, cultural, and economic discrimination. Membership in ILGA is open to groups of lesbians and/or gay men and others who support its aims. Individuals can apply for associate membership. In the early years after its foundation ILGA's mem- bership was almost entirely European but the present membership now includes groups from every continent, and from most of the member states of the Council of Europe. Throughout its history ILGA has taken a keen interest in the work of the Council of Europe as it affects lesbians and gay men, parti- cularly regarding the promoting of human rights. ILGA groups assisted those members of the Parliamentary Assembly whose report led to recommendation 924 and resolution 756 (1981) based on the Voogd report, of the Thirty-third Session, on discri- mination against homosexuals. Other groups have actively assisted individuals in bringing complaints under the European Convention on Human Rights. ILGA groups also liaised with the experts who produced papers for the Council of Europe's 15th Criminological Research Conference on "Sexual Behaviour and Attitudes and their Implications for Criminal Law", held in 1982. At this point member groups are assisting members of the Parliamen- tary Assembly in drawing up an additional protocol to the European Convention on Human Rights, prohibiting discrimination based on sexual orientation. Finally, ILGA member groups have assisted the Swiss Institute of Comparative Law in Lausanne with the "Comparative Study on dis- crimination against persons with HIV or AIDS". The advent of AIDS has had grave implications for homosexuals and will continue to do so for many years to come. Apart from issues of health, it has enormous implications in the area of human rights. ILGA is a unique organisation for the Council of Europe to obtain the perspective of lesbians and gay men in discussing international proposals which affect us. ILGA representatives participated in the interregional meeting "Human rights at the dawn of the 21st century", organised by the Council of Europe in advance of the World Conference on Human Rights, in january 1993. Attitudes towards homosexual men and women vary greatly in the dif- ferent countries of the Council of Europe, from those which have anti-discrimination laws designed to secure full legal and social equality and partnership laws, to others which continue to outlaw all homosexual conduct. In 1981 in the case Dudgeon vs. the United Kingdom the European Court on Human Rights decided that a ban on homosexual activities contradicts with stipulations in the European Convention on Human Rights by violating the right to privacy (article 8). The govern- ment of the United kingdom had to comply by abolishing the ban. In October 1989 the European Court of Human Rights upheld its posi- tion in the case Norris vs. Ireland and urged the Republic to repe- al the respective law. The Committee of Ministers of the Council of Europe as the monitoring body repeatedly urged the government to abolish the ban. On 24 June 1993, the Irish Parliament complied. On 22 April 1993 the European Court of Human Rights upheld its ear- lier position in the case Modinos vs. Cyprus that a ban on ho- mosexuality interferes with the private life of citizens. Mr. Mo- dinos was paid compensation. Opinions are evolving with increasing knowledge and we believe that as part of its historic role in protecting human rights, the Coun- cil of Europe will continue to provide the focal point for deter- mining human rights standards as they affect European lesbians and gay men in years to come. As the organisation which most represents homosexual opinion throughout the member states of the Council of Europe, if not the world, we consider that we ought to contribute to that evolution by assisting in it as far as we are able. In that spirit, and to that end, we therefore submit this application. In July 1993 ILGA obtained consultative status with the United Na- tions Economic and Social Council. With this letter I am sending you 30 copies of a file containing ILGA's constitution, a list of its European member organisations, a leaflet about ILGA, a report on its recent activities and a decla- ration of ILGA's acceptance of the principles set out in the Pream- ble and Article 1 of the Council of Europe. Please do not hesitate to contact me if you require further infor- mation or clarification of any matter. I would be most grateful if you could keep me informed of the progress of this application. Letter to the CoE Commission against Racism and Intolerance The Working Party on the Council of Europe has sent the following letter to the European Commission against Racism and Intolerance. Re: Combatting intolerance Dear Madam/Sir We, the International Lesbian and Gay Association (ILGA), a world- wide umbrella group of organisations fighting for equal rights for lesbians and gay men, with member groups in most Council of Europe member states, are writing to your Commission to draw your atten- tion to the phenomenon called homophobia which is a sibling to ra- cism, xenophobia, anti-semitism, and sexism and part of general intolerance against minorities and therefore should be covered by your mandate. The Vienna Declaration (Vienna Summit in October 1993) describes the mandate of your committee as to cover the review of member Sta- tes' legislation, policies and other measures to combat racism, xe- nophobia, anti-semitism and intolerance, to propose further action at local, national and European level, and to formulate general policy recommendations to member States. In this context, we want to stress that homophobia is not only the result of general attitudes in the population nourished for centu- ries by wide-spread prejudices. Homophobia is also a product of state-ordained discrimination and suppression which may find their expression in anti-homosexual legislation. In order to stop intole- rance against lesbians and gay men, it, therefore, is a pre- condition to stop all legal discrimination against homosexual women and men and to guarantee them equal rights. Unfortunately, the criminal codes of several member States of the Council of Europe still discriminate against lesbians and gays, such as those of Austria, Bulgaria, Finland, Hungary, Liechten- stein, and the United Kingdom. Austria and Liechtenstein even limit the fundamental freedoms or their homosexual citizens by prohibi- ting any positive information on homosexuality and the founding of homosexual associations. Such law provisions are clear violations of the European Human Rights Convention. All six countries mentio- ned discriminate against gay men by fixing a higher legal age of consent compared to heterosexuality. Such legislation also contradicts several international rulings and recommendations such as Recommendation 924/1981 of the Parliamenta- ry Assembly of the Council of Europe or the Resolution on equal rights for homosexuals and lesbians in the EC adopted by the Euro- pean Parliament in February 1994. Such legislation is also contra- dictory to the decision of the United Nations Human Rights Commit- tee in the case Toonen vs. Australia which ruled that the rights of lesbians and gays to privacy and equality are guaranteed by the provisions of the International Covenant on Civil and Political Rights. The Committee noted that the reference to "sex" in articles 2 and 26 of the Covenant is to be taken as including sexual orien- tation. The Warsaw 1993 Implementation Meeting on Human Dimension Issues of the Conference on Security and Cooperation in Europe also stated that CSCE commitments in the area or non-discrimination cover homo- sexuals as well. Thus, all relevant European and international human rights plat- forms such as the Council of Europe, the United Nations, the Euro- pean Parliament, and the OSCE are in unison that discrimination based on sexual orientation is a clear breach of fundamental human rights. We, therefore, appeal to your Commission and all its expert members to take up the question of homophobia, to discuss it in detail and to come up with clear recommendations to end state-imposed discri- mination against lesbians and gay men as a means to combat prejudi- ce and intolerance against minorities. We also want to stress that state authorities and governments may give positive impetus to stop hatred and discrimination by outlawing and banishing any such beha- viour by means of anti-discrimination provisions which would pro- tect minorities from discrimination based on their specifics such as race, being a foreigner, or sexual orientation. We urge your Commission not to neglect the aspect of homophobia in its work and to include clear statements to protect gays and lesbi- ans from intolerance. We would like to offer you our assistance in this task. We look forward to your appreciated reply and remain, Comparative Survey of the Legal and Societal Situation of Homosex- uals in Europe (updated version) By Alexandra Duda I. Negative Facts 1) A total ban on homosexual relations exists in Belarus Bosnia-Herzegovina Cyprus Macedonia Moldova Romania 2) Countries with different age of consent for hetero- and homo- sexual relations repeal Age of consent of ban hetero- homosexuals Austria 1971 14 18 Bulgaria 1968 14 18 Croatia 1977 14 18 Finland 1971 16 18 Hungary 1961 14 18 Liechtenstein 1989 14 18 United Kingdom 1967 16 18 (Northern Ireland) 1982 17 18 Remark: The Faroe Islands also apply a discriminatory higher age of consent. 3) Special provisions In Austria ( 220), Finland (Art. 20:9.2), and Liechtenstein ( 220) "promoting" or "encouraging" homosexuality is forbidden. All modern studies show that this is indeed not possible. These laws encroach on the individuals' right to freedom of speech. In Austria ( 221) and Liechtenstein, lesbian and gay organizations are prohibited (Freedom of assembly). 4) Some forms of discrimination (non-exhaustive list) Anti-homosexual legislation and especially its criminalization im- plies society's misperception: homosexuality is considered a mental or genetic disease; incidents of "treatment" with drugs and elec- troshock are commonplace in many countries. After divorce, gay men and lesbians face severe difficulties in maintaining custody rights for their children or realizing their visiting rights. The denial of their rights is even more likely if they live together with a same sex partner. In some countries, proposals are being discussed to forbid lesbians receiving artificial insemination (Norway, Italy, France, UK). E.g. in Austria, non-married women and thus all lesbians are excluded from such an option by law. Same-sex couples are denied adoption rights in all countries, since only married couples are entitled to adopt children. In many coun- tries separated parents are likely to be denied custody rights be- cause of their homosexuality. Laws on "public indecency" and "obscenity" are used against gay men and lesbians showing affection in public (hugging, kissing) e.g. in Bulgaria, UK, Spain, Italy. In numerous countries provisions on "public morale" are applied against publications of gay/lesbian organisations thereby infringing their right to freedom of speech (and press). Organisations are regularly banned and activists ha- rassed with condonment or even involvement of local authorities. Not least because of many forms of "legal" discrimination homosexu- als are exposed to an increasing amount of violence from fascist groups and prejudiced individuals. "Legally sanctioned stigmatiza- tion" often prevents victims from reporting attacks. In Greece homosexual prostitution is banned by the Criminal Law while there is no such ban on heterosexual prostitution. The law applies only to male homosexuals. Homosexuals are either generally excluded from access to "sensitive sectors" (e.g. diplomatic service, science, military) or ate di- smissed in case their sexual orientation becomes known. Many open homosexuals face a hostile climate at work as well as restrictions on promotion and career development. II. Positive Facts 1) Case Law In 1981 in DUDGEON vs. United Kingdom the European Court for Human Rights in Strasbourg decided that a ban on homosexual activities contradicts with stipulations in the European Convention on Human Rights by violating the right to privacy (Article 8). The UK go- vernment had to comply by abolishing the ban. In October 1988 the European Court for Human Rights upheld its po- sition in the case NORRIS vs. Ireland and urged the Republic to repeal the respective law. Interestingly, the plaintiffs defendant was Mrs Mary Robinson, then practising lawyer and today President of the Irish Republic. The Committee of Ministers of the Council of Europe as the monitoring body on follow-ups of the Court's decisi- ons repeatedly urged the government to abolish the ban It was not before June 24, 1993 that the Irish parliament decided to comply. On April 22, 1993 the European Court for Human Rights upheld its earlier position in the case MODINOS vs. Cyprus that a ban on homo- sexuality interferes with the private life of citizens. Mr Modinos was paid compensation. The law, however, has not been abolished yet. In March 1994 the Human Rights Committee of the United Nations de- cided in Toonen vs Tasmania that the criminalization of homosexua- lity not only violates the right to privacy (Art. 17) but also the non-discrimination clauses (Art. 2 and 26) of the International Covenant on Political and Civil Rights interpreting it as discrimi- nation based on sex. 2) European Institutions The Parliamentary Assembly of the Council of Europe (Recommendation 924/81 and Motion for Recommendation 6348/90) as well as the Euro- pean Parliament of the EC (Resolution on Sexual Discrimination at the workplace 1984) have urged their member states to entirely equ- ate homosexuals with heterosexuals in all fields of legislation and especially to set up equal ages of consent. The Council of Europe investigates the human rights situation of gay men and lesbians in countries applying for membership. In Fe- bruary 1993 members of the Parliamentary Assembly adopted the Writ- ten Declaration No. 227 stressing the necessity to end the practice of discrimination against homosexuals in former Communist countri- es. In September 1993, Romania was admitted as a member to the Council of Europe despite of its anti-homosexual legislation, while the Parliamentary Assembly of the Council requested the government to abolish anti-gay legislation (Opinion # 176) to bring it into line with the ratified European Convention. A reform bill is pending before the Chamber of Deputies. An Additional Protocol to the European Convention on Human Rights supported by The International Lesbian and Gay Association (ILGA) is pending before the Committee for Human Rights and Legal Affairs for deliberation. In 1991 the Commission of the European Union extended its code of practice on sexual harassment at the workplace with provisions for the protection of gay men and lesbians. In April 1993 the European Human Rights Foundation launched the study "Homosexuality: A Community Issue" detailing the consequences of the Single Market in general and the "Free Movement" principle in particular. In November 1993 the Pilot Study "Lesbian Visibility Project", an ILGA project conducted by LBL Denmark through personal interviews and mainly funded by the EU was finalized. Its aim was to throw tight on areas usually not dealt with in homosexual studies. Recom- mendations and suggestions for further studies were given. In February 1994 the European Parliament of the EU adopted a Recom- mendation sponsored by Claudia Roth (MEP Green Party) of the Com- mittee on Civil Liberties and Internal Affairs calling upon the member states to recognize and protect homosexuals and their rela- tions as equal with those of heterosexual people. EU staff members founded the working group "Egalite" advocating elimination of all aspects in EU staff regulations discriminating against homosexuals (e.g. tax benefits and social security issues in same-sex partnerships). The European Citizen Action Service (ECAS) supports the abolishment of all EU practices which deny ho- mosexuals equal enjoyment of the rights laid down in the Maastricht Treaty (e.g. free movement) as well as non-discrimination language in future charters/agreements. In 1993, the Secretary General of ILGA addressed the Plenary of the CSCE Implementation Meeting in Warsaw explaining the discrimination homosexuals face world-wide. The Final Document includes these con- cerns. The Human Dimension has not yet explicitly condemned discri- mination against gay men and lesbians in the participating states - an omission that can be interpreted as its acceptance! 3) International Institutions In September 1991 Amnesty International's World Conference offici- ally decided to recognize people imprisoned because of their sexual orientation as prisoners of conscience. In December 1991 the World Health Organisation (WHO) deleted homo- sexuality as an illness in the International Classification of Di- seases (chapter V, code 302). Remarkably, this decision did not come into force before January 1993 (lCD-10-version). As first organisation advocating homosexual equality, the Interna- tional Lesbian and Gay Association (ILGA) was granted Roster NGO- status at the Council of Economic and Social Affairs (ECOSOC) of the United Nations in March 1993. 4) Positive developments at a national level Norway (1981), France (1985), Denmark (1987), Sweden (1987), The Netherlands (1992) and Ireland (1989) have enacted regulations pro- hibiting discrimination against homosexuals. In 1986 Denmark equated homosexual couples with married ones con- cerning the right of succession. In 1989 the Irish Parliament adopted a "Prohibition to Incitement to Hatred Act" covering hate speech against homosexuals. In May 1989 the Danish Parliament enacted a "law on the registered partnership" of homosexual couples. It stipulates equal rights with one exception: same-sex couples are not allowed to adopt children together. In 1991 the total ban on homosexual relations was abolished in the Ukraine. In 1992 a number of Dutch local authorities started accepting the official registration of same-sex partnerships. In October 1993 a bill was introduced in parliament equalizing legal protection for "registered partners" vis-vis married couples. In 1990 and 1992 respectively, Estonia and Latvia abolished laws penalizing homosexuality. In June 1992 the German "Land" Brandenburg enacted a new Constitu- tion emphasizing recognition of non-marriage partnerships by the state. In 1993 the "Land" Berlin included sexual identity as a non- discrimination criteria in its Constitution. In Germany same-sex couples who were denied the right to marry have appealed at the Supreme Courts. Judges interpret the right to marry as an exclusive right for heterosexuals (while family law does not specify gender). In its decision of October 4, 1993 the Constituti- onal Court upheld this view and ruled the appeal inadmissible, whi- le emphasizing the task for the legislative power to bring about legal protection for same-sex partnerships. In 1992 the total ban on homosexuality was abolished in Gibraltar and the Isle of Man (both under UK Home Office jurisdiction). In spring 1993, the Norwegian parliament adopted the same-sex part- nership law based on the Danish one. France, Ireland and The Netherlands have provisions against discri- mination of gays and lesbians at the workplace. In April 1993 the Russian Parliament enacted a new Penal Code which no longer includes the prohibition of homosexuality. Lithuania which became member of the CoE in May 1993 repealed the ban on homosexuality one month after its admission. In June 1993, the Irish parliament abolished the law prohibiting male homosexuality and simultaneously, set an equal age of consent at 17. In autumn 1993 the French government adopted a law directing insu- rance companies to accept joint insurance coverage for non-married couples. In October 1993, the "Unfair Dismissal Act" in Ireland was extended to include the prohibition of discriminating treatment on grounds of sexual orientation. In November 1993 the parliament of the German free state Thuringia adopted a new Constitution prohibiting discrimination on grounds of sexual orientation - pending public approval by a referendum in late 1994. The Irish Parliament is planning to establish an Equality Commissi- on to monitor all forms of discrimination against homosexuals. In June 1994, the Swedish parliament adopted a partnership law ba- sed on the Danish and Norwegian model. In August 1994, the total ban on homosexual relations was repealed in Serbia (incl. Kosovo). In January 1995 homosexuality was decriminalized in Albania. A bill was introduced in the Cyprus parliament in January 1995 to abolish the ban on homosexuality. III. Conclusion This survey aims at giving a multifaceted overview of the different stages the recognition of homosexuals has reached In the various European countries ranging from recent decriminalization to gran- ting legal partnership status while also highlighting ongoing per- secution, stigmatization and denial of basic human rights. In representing some 400 member organisations in more than 45 coun- tries worldwide, the ILGA has made it its first priority to work towards abolishment of all legal, social, cultural or economic dis- crimination against homosexuals. All human beings irrespective of their sexual orientation must be granted equal enjoyment of human rights! The realization of this goal will contribute to a peaceful coexistence and mutual under- standing in a New Europe. Sources Homostudies - University of Maastricht (NL), HOSI-Wien/LAMBDA-Nachrichten (Austria), EUROLETTER edited by LBL Denmark all members of the ILGA and others compiled by Alexandra Duda, IgIf Cologne, c/o Sch.u.LZ., Kartauserwall 18 D-50678 Koln, Germany Last update: March 1995 Please indicate source when quoting text or excerpts. Petition for an amendment to the EU Staff Regulations The group Egalite is in the process of getting signatures on a pe- tition to the European Parliament: We, the undersigned, being officials or other servants of the in- stitutions of the European Union, A. whereas over the past ten years numerous other lasting forms of partnership have developed alongside the traditional nuclear family, and whereas these also include same-sex, long-term re- lationships, B. whereas recognition of homosexual partnerships as a social rea- lity has already prompted a umber of EU Member States to pass relevant legislation and/or adapt existing leg provisions ac- cordingly, or introduce relevant initiatives, to wit: In Denmark since 1 October 1989, the law on registered partner- ships has given partners living in homosexual relationships the same rights and obligations as married heterosexual couples (other than the right of adoption). In Sweden, a legal process for registering same-sex partners was introduced on 1 January 1995, thus according such partners- hips the same legal status as civil marriages. Partners thus enjoy the same rights as married heterosexual couples (other than the right of adoption and the right to a church wedding). In Finland, the State recognizes homosexual relationships for the granting of legal privileges. In the Netherlands, the situation is as follows: The registry offices in 70 municipalities have already intro- duced registers in which couples living together may regi- ster. This was one of the reasons why in July 1994 the government introduced a draft bill in the lower Mouse to secure national legislation giving non-marriage-based partnerships the same legal status as marriage-based partnerships (with the possi- ble exception of the right of adoption). In a number of professions (civil service, health care, edu- cation, industry [e.g. KLM]), legislation has been passed giving unmarried partners living together the same financial and social rights as married partners. After five years of living together, the provisions of the law of succession for married couples apply fully to cohabi- ting partners. In France, the picture is as follows: In June 1992, a bill was introduced in the National Assembly incorporating a new legal institution into the Civil Code, the "contrat d'union civile" [contract of civil union]. This legal institution should be open to all persons in long-term, nonmarriage-based relationships, irrespective of the sex of the partners, giving such relationships the same status as marriage in many respects. Under the terms of the provisions that entered into force in August 1993, long-term relationships between unmarried per- sons are recognized defacto for social security purposes. This means that a person living with a dependent partner in a long-term relationship has the right to the reimbursement of sickness and health care costs for that partner. In Spain, the picture is as follows: 35 towns and the regions of Valencia and Asturia have set up registers which are also open to cohabiting homosexual part- ners. In December 1994, parliament asked the government to pass a law on long-term registered relationships (including homo- sexual relationships). This law is currently being drafted by the Spanish government. On I January 1995, a new rent law entered into force, giving all cohabiting unmarried partners, regardless of their sex, the legal right to take over a tenancy or lease. This was the first legal recognition of homosexual relationships at natio- nal level. In Germany, the Federal Constitutional Court declared in its Decision of 13 October 1993 that the marriage of homosexual partners was not permissible. however, Paragraph IIc clearly addresses the question of whether discrimination against long- term homosexual relationships is not a violation of the Basic Law and whether legislation should not be passed or changes made to the law to end all such discrimination. In Belgium, bills were introduced in 1993 that should give partners in long-term registered relationships the same legal rights as married partners. In a Decision of June 1989, Italy 's Constitutional Court asked the legislature to draw up provisions for the legal recognition of partnerships other than marriage, C. whereas the principle of non-discrimination is a fundamental principle of the European Union, D. whereas homosexual EU officials living with their partners in a long-term relationship suffer twofold discrimination, firstly because they are denied the general right to marry and secondly because their employer, the EU, fails to recognize a legally regulated institution that gives their long-term partnership the same status as marriage (as, for example, in Sweden and Denmark); and whereas, because Ion -term homosexual relations- hips are not covered by the EU Staff Regulations, homosexual EU officials are not granted the same financial and social bene- fits as married EU officials in a heterosexual partnership, E. whereas in reaction of 4 July 1994 to petition 845/93, the Eu- ropean Commission stated that it intended merely to end discri- mination against homosexual employees for recruitment and care- er development purposes, thereby implying that discrimination against long-term homosexual relationships akin to marriage (such as the above-mentioned types of financial and social dis- crimination) would continue unchanged in other areas, F. whereas by adopting this position, the Commission is not only at odds with social developments, but is also clearly ignoring the avowed intention of the European Parliament to combat all forms of discrimination and strive for the equal treatment of homosexuals; whereas the European Parliament has formulated this intention in various decisions, most recently in its Reso- lution of 8 February 1994, in which it calls on the Commission to "combat any discrimination on the basis of sexual orientati- on in its own staffing policy", G. whereas no further initiatives can be expected from the Commis- sion in view of the answer given above, H. whereas the petition in no way calls for preferential treatment merely the equal application f existing rights, CALL ON THE PARLIAMENT 1. To make us of its new right of initiative under Article 138b, second paragraph, of the EC Treaty and instruct the relevant committee to draw up a legal institution under which EU offici- als living with their partners in a long-term homosexual rela- tionship be accorded the same status as married officials and thus under the Staff Regulations enjoy the same financial and social rights as married officials. 2. To submit this legal institution to the European Commission under the same Article, calling on it to make a relevant propo- sal for amending the Staff Regulations. ------------------------------ End of forwarded message 1