Subject: European Parliament Resolution
From: REEKIE Alan Fraser <[email-masked]>
Date: Wed, 24 Jan 96 17:17:00 MET

Dear QRD,

As I see you don't already have the following important text in the 
/world/ec subdirectory, but only the preparatory Report, I send it to you 
now.

 - Alan Reekie (usual disclaimer)
_______
The following Resolution was adopted by 159 votes to 96 on 8th February 1994 
in
the European Parliament, which is elected directly by the citizens of the 
(then 12
member-states of the European Community, now) 15 Member-States of the 
European
Union. Although it has no *direct* effect on those citizens, it provides 
clear objectives for specific
actions by the member-States (at least, where they have not already been 
reached)
and by the European Commission (which produces proposals for EU 
legislation).

                        EUROPEAN PARLIAMENT

               Resolution on equal rights for homosexuals and
               lesbians in the European Community
               (A3-0028/94)

The European Parliament,

 -  having regard to the motions for resolutions by:
       (a) Mr. Blak and Mrs Jensen, on discrimination in relation
       to freedom of movement (B3-0884/92),
       (b) Mr.Bettini and others, on recognition of civil unions
       for couples consisting of persons of the same sex (B3-
       1079/92),
       (c) Mr.Lomas, on civil rights for homosexuals and lesbians
       (B3-1186/93),
 -  having regard to its resolution of 13 March 184 on sex
   discrimination at work
 -  having regard to its resolution of 13 March 1991 on a plan of
   action in the context of the 1991-1992 'Europe against AIDS'
   programme
 -  having regard to its recommendations on sexual harassment at
   work and the corresponding provisions on protection for lesbians
   and homosexuals,

 -  having regard to the Commission report, 'Homosexuality, a
   Community Issue', on the impact on lesbians and homosexuals of
   the completion of the European internal market,

 -  having regard to its resolution of 8 july 1992 on a European
   Charter of children's rights

 -  having regard to the legal discrimination against lesbians and
   homosexuals which still exists in a number of Member States,

 -  having regard to the draft directive on combating discrimination
   on the basis of sexual orientation at work and in other legal
   areas, drawn up by the German Gay Union (SVD),

 -  having regard to the law on registered parterships in Denmark
   and other anti-discrimination laws for homosexual people,

 -  having regard to Clause 28 of the Local Government Bill in the
   United Kingdom,

 -  having regard to Rule 45 of its Rules of procedure,

 -  having regard to the report of the Committee on Civil Liberties
   and Internal Affairs (A3-0028/94),

A.     having regard to its action in support of equal treatment
       for all citizens, irrespective of their sexual orientation,

B.     having regard to the greater public visibility of lesbians
       and homosexuals and the growing pluralization of lifestyles,

C.     whereas lesbians and homosexuals are still exposed,
       nonetheless, to ridicule, intimidation, discrimination and
       violent attacks in many social spheres, often from their
       earliest youth,

D.     whereas social change in many Member States calls for a
       corresponding adjustment of the civil, penal and
       administrative provisions in force, to end discrimination
       on the basis of sexual orientation, and whereas such
       adjustments have already been made in a number of Member
       States,

E.     whereas the application of discriminatory provisions by
       Member States in a number of fields covered by EC
       legislation amounts to a violation of the fundamental
       principles of the EC Treaties and the Single European Act,
       particularly where freedom of movement, pursuant to Article
       3 of the EEC Treaty, is concerned,

F.     having regard to the European Community's special
       responsibility to ensure equal treatment for all citizens,
       irrespective of their sexual orientation, within the
       framework of its activities and areas of responsibility,

General considerations

1.     Affirms its conviction that all citizens must be treated
       equally, irrespective of their sexual orientation;

2.     Considers that the European Community is under the
       obligation to apply the fundamental principle of equal
       treatment, irrespective of each individual's sexual
       orientation, in all legal provisions already adopted or
       which may be adopted in future;

3.     Believes, furthermore, that the EC Treaties must make
       stronger provision for the defence of human rights, and
       therefore calls on the Community institutions to make
       preparations, in the context of the institutional reform
       scheduled for 1996, for setting up a European institution
       able to ensure equal treatment, without reference to
       nationality, religious faith, colour, sex, sexual
       orientation or other differences;

4.     Calls on the Commission and Council to accede to the
       European Convention on Human Rights, provided for in the
       Community's 1990 programme, as a first step towards more
       vigorous protection for human rights;

To the Member States

5.     Calls on the Member States to abolish all legal provisions
       which criminalize and discriminate against sexual activities
       between persons of the same sex;

6.     Calls for the same age of consent to apply to homosexual and
       heterosexual activities alike;

7.     Calls for an end to the unequal treatment of persons with
       a homosexual orientation under the legal and administrative
       provisions of the social security system and where social
       benefits, adoption law, laws on inheritance and housing and
       criminal law and all related legal provisions are concerned;

8.     Calls on the United Kingdom to abolish its discriminatory
       provisions to stem the supposed propagation of homosexuality
       and thus to restore freedom of opinion, the press,
       information, science and art for homosexual citizens and in
       relation to the subject of homosexuality and calls upon all
       Member States to respect such rights to freedom of opinion
       in the future;

9.     Calls on the Member States, together with the national
       lesbian and homosexual organizations, to take measures and
       initiate campaigns against the increasing acts of violence
       perpetrated against homosexuals and to ensure prosecution
       of the perpetrators of these acts of violence;

10.    Calls upon the Member States, together with the national
       lesbian and homosexual organizations, to take measures and
       initiate campaigns to combat all forms of social
       discrimination against homosexuals;'

11.    Recommends that Member State take steps to ensure that
       homosexual women's and men's social and cultural
       organizations have access to national funds on the same
       basis as other social and cultural organizations, that
       applications are judged according to the same criteria as
       applications from other organizations and that they are not
       disadvantaged by the fact that they are organizations for
       homosexual women or men;

To the Commission of the European Community

12.    Calls on the Commission to present a draft Recommendation
       on equal rights for lesbians and homosexuals;
13.    Considers that the basis of the Recommendation should be
       equal treatment for all Community citizens regardles of
       their sexual orientation and the endig off all forms of
       legal discrimination on the grounds of sexual orientation;
       calls on the Commission to submit a report to parliament at
       five-yearly intervals on the situation of homosexual men and
       women in the Community;

14.    Believes that the Recommendation should as a minimum seek
       to end:
       - different and discriminatory ages of consent for
       homosexual and heterosexual acts,
       - prosecution of homosexuality as a public nuisance or gross
       indecency,
       - all forms of discrimination in labour and public
       servicelaw and discrimination in criminal,civil, contract
       and commercial law,
       - the electronic storage of data concerning the sexual
       orientation of an individual without her or his knowledge
       and consent, or the unauthorised disclosure or improper use
       of this data,
       - the barring of lesbians and homosexual couples from
       marriage or from an equivalent legal framework, and should
       guarantee the full rights and benefits of marriage,
       allowing the registration of partnerships,
       - any restriction on the right of lesbians and homosexuals
       to be parents or to adopt or foster children.
15.    Calls on the Commission, in line with the Parliament's
       opinion of 19 November 1993 on the proposal for a regulation
       amending the Staff Regulations of Officials and the
       Conditions of Employment of Other Servants of the European
       Communities in respect of equal treatment of men and women
       to undertake to combat any discrimination on the basis of
       sexal orientation in its own staffing policy;
16.    instructs its President to forward this resolution to the
       Council, the Commission and the governments and parliaments
       of the Member States and the states which have applied for 
membership.
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