Equal treatment, equal rights, also for LGBT persons
La revista European Parliament Magazin em va demanar un article sobre com podia afectar la Directiva sobre Igualtat de tracte i No Discriminació, de la qual sóc el ponent en el Parlament Europeu, als drets de les persones LGBT. Aquesta setmana han publicat l’articlet, que comparteixo també amb vosaltres:
Equal treatment, also for LGBT persons (by Raül Romeva, for European Parliament Magazin)
The directive on equal treatment of people irrespective of belief, disability, age and sexual orientation is a horizontal initiative, with the intended result of fighting discrimination in all areas of society and on all grounds. For LGBT people, this is an important step away from experienced discrimination. LGBT people have often been discriminated against in the workplace and beyond, yet because institutions and authorities throughout society have long failed to acknowledge LGBT people’s need for protection from such practices, until now LGBT individuals have lacked the proper resources to act against discriminatory measures wielded against them. This directive will serve as an essential tool, accessible to members of the LGBT community, to respond to such injustice.
Furthermore, it is important to highlight that the directive introduces the possibility of changing the burden of proof in cases of discrimination, suggesting that it will possibly now lie with the person, company or employer accused of discrimination to prove that no discrimination took place. This is a great departure from the conventional standard of having victims bear the burden of proving that they were discriminated against. Furthermore, the directive will also allow groups of individuals and organizations to enjoy the support of legal entities and associations in court.
However, in some domains where the EU does not have competences, such as the area of marital law, the directive offers no provisions. Nevertheless, the directive heavily emphasizes that discrimination on the ground of sexual orientation is strictly prohibited by the Charter of Fundamental Rights, and that Member States ought to respect this provision.
Granted, the battle to pass the directive is not over yet. Currently the directive is still stuck in the Council, where an agreement has yet to be reached. Although the Spanish presidency has indicated that it is keen on passing the directive before its term is up, this seems highly unlike due to opposition from certain Member States, particularly Germany and Austria, regarding the cost and feasibility of implementing the directive at the national level.
Nevertheless, I believe that the directive to be of great importance and can serve as a legal basis for combating discrimination in areas that have long been ignored by European governments. What also renders the directive significant is that it grants the same importance to different grounds of discrimination, thereby resisting the tendency to rank different types of discrimination. In my eyes, this is a positive step forward: suffering discrimination for being a lesbian is just as grave as being discriminated against for being disabled, and the problem only gets worse when one is a disabled lesbian.
All in all, the directive, if passed, will be a step forward in realizing the European vision of a more equal and just society. Passing the directive will particularly mark a milestone in the area of law-making, where even small steps can improve the lives of a great number of people who are otherwise denied their fundamental rights guaranteed by the EU Treaty.
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