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"Madam President, last week, on 17 May 2012, we celebrated the International Day against Homophobia and Transphobia. On that occasion, I made a statement on behalf of the Commission, and I would like to reiterate here, in front of the elected representatives of the European citizens, that homophobia and transphobia are an unacceptable violation of human dignity and that they are completely incompatible with the founding values of the EU. As EU Commissioner for Justice, I will continue here in Europe to do my utmost to uphold the fundamental rights upon which the European Union is founded, not only on the International Day against Homophobia, but on every day of the year, because homophobia has no place in Europe. That is why the Commission is fully committed to combating this phenomenon with all the powers at our disposal. As Vice-President in charge of fundamental rights and non-discrimination, I have the task of ensuring that the principle of equal treatment remains valid everywhere and for all. Lesbian, gay, bisexual and transgender people across the EU are still victims – victims of exclusion, hate speech, hate crime, discrimination and intolerance. We all know that, and we also know that our basic texts, such as the Charter of Fundamental Rights, prohibit any discrimination based on sexual orientation. As explained in the recently adopted annual report on the application of the Charter, the Commission ensures that this principle is respected in every EU action and by Member States when they implement EU law. Discrimination based on sexual orientation is also prohibited in our directives, for instance, in the directive on employment. The Commission has made a legislative proposal to extend this prohibition to cover access to goods and services, social protection and education. I agree with the Presidency that it is unfortunate that this text is in an impasse in the Council, and I look forward to the report the Presidency is to prepare on its efforts to move forward on it. Unfortunately, this text needs unanimity in Council and that is the reason why it is blocked, but it is clear also that there is a vast majority of Member States who would back it. Not only do we have laws in place but the Court of Justice has also confirmed several times in its rulings that the directives on gender equality in employment and access to goods and services also prohibit discrimination based on gender reassignment. So, with regard to the legal basis, we are very clear: there is no doubt what the legal foundations are. On top of that, of course, you have to stay vigilant, and the Commission remains vigilant, following up closely every petition and parliamentary question that alerts us to discriminatory practices on grounds of sexual orientation, whenever they concern matters falling within EU competence. Hate crime against LGBTI persons remains a source of concern, as shown by the recent homophobic murder of the young Belgian, Ihsane Jarfi. That is also why the Commission has asked the Agency for Fundamental Rights to conduct a specific survey on hate crimes and discrimination against LGBTI persons in all Member States and in Croatia, because we need to have evidence – not only the evidence once a crime has happened, but also a mapping of where crimes happen in order to understand more about the trends in this domain. In parallel, the Commission is continuing its awareness-raising actions across Europe in order to fight discrimination and to promote equality and diversity. In particular, as you know, we support civil society organisations and national authorities in combating discrimination on the grounds of sexual orientation and gender identity. What we do in Europe, we also do outside Europe. The External Action Service is very much aware of the difficulties faced by the LGBTI community in third countries like Russia, Ukraine and Moldova, to mention only those in which we find not only discrimination and violence but also criminalisation. The EU has repeatedly condemned such measures and repeatedly called on the authorities of those countries to respect their international legal obligations on human rights, including the principles of equality and dignity. Let me remind you that Cathy Ashton, the High Representative of the Union for Foreign Affairs and Security Policy, condemned homophobia in her statement on 17 May 2012 and called on governments to apply human rights equally, irrespective of sexual orientation or gender identity. And every time she visits a country outside the EU, she recalls these principles in very strong language."@en1
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