Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-01-18-Speech-2-657-000"
| Predicate | Value (sorted: default) |
|---|---|
| rdf:type | |
| dcterms:Date | |
| dcterms:Is Part Of | |
| dcterms:Language | |
| lpv:document identification number |
"en.20110118.24.2-657-000"2
|
| lpv:hasSubsequent | |
| lpv:speaker | |
| lpv:spoken text |
"Madam President, I would like to start by stressing that the Commission unambiguously rejects homophobia because it is a blatant violation of human dignity.
According to this logic, the phallometric test as a procedure under asylum policy is, of course, subject to EU law and relates directly to Article 21 of the Charter, which prohibits discrimination on the grounds of sexual orientation. This clearly means that if, in EU law or in its application at national level, there is discrimination, then the Union is empowered to intervene. It is very clear that the Union can intervene here.
To conclude, I would like to reiterate the Commission’s strong commitment to combating homophobia and discrimination based on sexual orientation, to the full extent of the powers conferred by the treaties.
Regarding the recognition of civil status, we have no intention of proposing any legislation that would interfere with Member States’ substantive family law or modify national definitions of marriage. This is subsidiarity. Our green paper on recognition of civil status is designed for cross-border situations, such as the recognition of birth certificates, and is not concerned with the recognition of same-sex marriage. We must not mix things up. It is for the Member States to define what marriage is. It is for the European Union to permit free movement and non-discrimination. These are two completely different things. Such is the position in European law and that is what we apply in real terms.
That is also why, on 22 November 2010, I visited Lithuania and discussed with President Dalia Grybauskaitė and the Minister of Justice the proposal to amend the Administrative Code, which establishes a new offence punishable by a fine for ‘the promotion of homosexual relations or financing of such promotion in public places’, as well as the related proposal to amend the Penal Code.
According to the latest information in my possession, the adoption by the Lithuanian Parliament of this draft amendment to the Administrative Code was postponed and is now expected to take place in spring this year. This means that it is still under discussion.
The Commission is examining the proposals to amend the Lithuanian Administrative and Penal Codes, as well as other Lithuanian legislation, from the perspective of compliance with relevant EU law.
In 2009, the Commission expressed serious concerns to the Lithuanian authorities in relation to the compatibility with Union law and fundamental rights of the Lithuanian Law on the Protection of Minors against the Detrimental Effect of Public Information. Following the Commission’s intervention, this law was amended in December 2009.
The law qualifies as detrimental to minors information that ‘expresses contempt for family values, encourages the concept of entry into a marriage and creation of a family other than stipulated in the Constitution of the Republic of Lithuania and the Civil Code of the Republic of Lithuania’. The practical application of this law may raise questions in terms of compliance with the e-Commerce and Audiovisual Media Services Directives and with the principle of non-discrimination. The Commission is continuing to look into this matter.
According to the information in my possession, an amendment to the Law on Provision of Information took effect on 18 October 2010. This amendment prescribes that ‘advertising and audiovisual commercial communication […] must not contain manifestation or promotion of sexual orientation’. If these provisions were to remain in the law, we would see the same problems in terms of compliance with the Audiovisual Media Services Directive and possible violation of Article 21 of the EU Charter of Fundamental Rights.
In May 2010, the Commission wrote to the Lithuanian Government expressing worries about the last-minute suspension of the Baltic Gay Pride event. You will remember this. We recalled in that letter that freedom of peaceful assembly, as provided for in the European Convention on Human Rights and Article 12 of the Charter, is one of the principles on which the Union is founded. On that basis, Baltic Gay Pride was held on 8 May 2010: that was the event to which a previous speaker referred.
As regards the question of a possible European strategy on the fight against homophobia, the Commission’s priority is to ensure that EU legislation complies fully with the EU Charter of Fundamental Rights, including Article 21 prohibiting discrimination on the ground of sexual orientation. How this is to be achieved was explained very clearly in the Commission’s communication on the strategy for effective implementation of the Charter of Fundamental Rights, adopted on 19 October 2010. We will come back to this matter in the annual report on application of the Charter, which also covers progress on the application of Article 21. That will happen in spring of this year."@en1
|
| lpv:unclassifiedMetadata | |
| lpv:videoURI |
Named graphs describing this resource:
The resource appears as object in 2 triples