Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-01-16-Speech-1-055"
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"en.20060116.14.1-055"2
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".
Mr President, Community competence with regard to the measures necessary to combat discrimination, including discrimination on the basis of sexual orientation, is based on Article 13 of the EC Treaty.
Furthermore, the Commission would point out that the ban on this type of discrimination is explicitly provided for in Article 21 of the Charter of Fundamental Rights. On this basis, the Commission endeavours, and will continue to endeavour, within the framework of its powers, to take a hard line against homophobia. Combating sexual orientation discrimination is a crucial element in the fight against homophobia.
Directive 2000/78/EC, which paves the way for a general framework promoting equal treatment in employment and occupation and covering all the forms of discrimination included in Article 13, is a practical example of this action, and the Commission is ensuring, and will continue to ensure, that this directive is implemented in the Member States.
The Commission is nonetheless aware of the fact that legislative action must be backed up by other initiatives aimed at combating de facto discrimination, humiliating practices, prejudice and stereotypes. Allow me to mention two practical measures taken by the Commission.
The first measure consists of an information campaign, launched in 2003 and entitled ‘For Diversity – Against Discrimination’. This campaign is currently under way and is aimed at promoting a positive image of diversity, as well as informing the public about anti-discrimination laws. Organisations defending the rights of homosexuals are among the partners involved in this measure, and several initiatives have accordingly been taken, such as an information campaign and an effort to raise the public’s awareness of the forms of discrimination suffered by homosexuals.
The second initiative lies within the framework of the recent proposal aimed at making 2007 the European Year of Equal Opportunities for All. The objectives will be to inform people of their rights, to promote diversity as an asset and an opportunity for the Union and to highlight equal opportunities for all, whether in terms of economic, social, cultural or political life. The Commission considers that organisations involved in combating sexual orientation discrimination will be able to benefit a great deal from this last measure.
The fact remains that the Union and the Commission can only act within the framework of the powers granted to them by the Treaty. For example, the Commission can open a possible infringement procedure against a Member State, but it can only do so if a violation of fundamental rights has been observed with regard to the application of Community law. It is, however, the responsibility of the Member States to exercise powers over and above those possessed by the Union and to take the necessary measures to combat homophobia. In any case, whether it is a question of situations falling within, or outside, the framework of Community law, it is clear that the Commission totally condemns any demonstration or expression of homophobia."@en1
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