Resolution on public discrimination and hate speech against LGBTI people, including LGBTI free zones

2019/2933(RSP)

The European Parliament adopted by 463 votes to 107, with 105 abstentions, a resolution on public discrimination and hate speech against LGBTI people, including LGBTI free zones.

The text adopted in plenary was tabled by the EPP, S&D, Renew, Greens/EFA and GUE/NGL groups.

Research shows that public discrimination and hate speech against LGBTI people are growing across the EU.  Although legal measures against discrimination and violence are in place in the vast majority of Member States, implementation continues to be insufficient.

There is a legislative gap in protection from bias-motivated crimes based on sexual orientation and gender identity in the EU and many Member States. The draft horizontal directive on non-discrimination would fill this gap in protection but has been stalled in the Council for 11 years.

LGBTI free zones

Since the beginning of 2019, in Poland there have been over 80 instances where regions, counties or municipalities have passed resolutions declaring themselves free from so-called ‘LGBT ideology’, discriminating in particular against single-parent and LGBTI families.

Members strongly condemned any discrimination against LGBTI people and their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the recent declarations of zones in Poland free from so-called ‘LGBT ideology’. The creation of LGBTI free zones, even if it does not consist in the introduction of a physical border, represents an extremely discriminatory measure limiting the freedom of movement of EU citizens.

Poland is called on to firmly condemn discrimination against LGBTI people, including when it originates from local authorities, and to revoke resolutions attacking LGBTI rights, including local provisions against ‘LGBT ideology’.

Better sex education

Parliament regretted the fact that LGBTI people experience bullying and harassment that begins at school. It firmly denounced the fact that schools in some Member States are prevented by public authorities from fulfilling their role of promoting fundamental rights and protecting LGBTI people. Schools should reinforce and protect the fundamental rights of all children. Sex education must include teaching young people about relationships based on gender equality, consent and mutual respect as a way of preventing and combating gender stereotypes, LGBTI-phobia and gender-based violence.

Increased protection

Members called on the Commission to continue working with the Member States to enhance investigation of hate-based crimes, such as crimes motivated by LGBTI-phobia, and support for victims. Some Member States have extended the protection granted to victims of discrimination based on other grounds, such as sexual orientation, gender identity or sex characteristics, when implementing the EU framework decision on combating certain forms and expressions of racism and xenophobia by means of criminal law. The Commission is urged to revise the framework decision currently in force, in order to include incitement to hatred on grounds of gender, sexual orientation, gender identity and sex characteristics.

Funding

The Commission is called on to monitor the use of all EU funding streams, including EU Structural and Investment Funds, and to use regular dialogues with national, regional and local authorities to remind stakeholders of their commitment to non-discrimination and that such funds may under no circumstances be used for discriminatory purposes.