The European Parliament,

–  having regard to Article 2 of the Treaty on European Union,

–  having regard to Articles 8 and 10 of the Treaty on the Functioning of the European Union,

–  having regard to the Charter of Fundamental Rights of the European Union and in particular to Article 21 thereof,

–  having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms,

–  having regard to Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe to member states on measures to combat discrimination on grounds of sexual orientation or gender identity, adopted on 31 March 2010,

–  having regard to the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and to its position of 2 April 2009 on that proposal,

–  having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013,

–  having regard to the Council conclusions on LGBTI equality of 16 June 2016,

–  having regard to the results of the European Union lesbian, gay, bisexual and transgender survey carried out by the European Union Agency for Fundamental Rights (FRA) and published on 17 May 2013,

–  having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity(1),

–  having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017(2),

–  having regard to resolution 2191(2017) of 12 October 2017 of the Parliamentary Assembly of the Council of Europe on promoting the human rights of and eliminating discrimination against intersex people,

–  having regard to the Commission’s List of Actions to advance LGBTI equality of December 2015,

–  having regard to the Commission’s annual reports from 2016 and 2017 on the implementation of the List of Actions to advance LGBTI equality,

–  having regard to the Court of Justice of the European Union (CJEU) judgment of 5 June 2018 (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne)(3) and other relevant case-law of the CJEU and ECtHR,

–  having regard to the European Union Agency for Fundamental Rights report of May 2015 entitled ‘The fundamental rights situation of intersex people’,

–  having regard to the European Union Agency for Fundamental Rights report of March 2017 entitled ‘Current migration situation in the EU: Lesbian, gay, bisexual, transgender and intersex asylum seekers’,

–  having regard to the 2015 report by the Council of Europe Commissioner for Human Rights on ‘human rights and intersex people’,

–  having regard to resolution 2048(2015) of 22 April 2015 of the Parliamentary Assembly of the Council of Europe on discrimination against transgender people in Europe,

–  having regard to the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW),

–  having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),

–  having regard to the question to the Commission on the future of the LGBTI List of Actions (2019-2024) (O-000006/2019 – B8-0014/2019),

–  having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

A.  whereas LGBTI people continue to suffer from discrimination and violence in the European Union; whereas not all EU Member States provide legal protection for LGBTI people against discrimination;

B.  whereas Parliament, in its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity, called on the Commission to adopt a strategy on LGBTI equality;

C.  whereas the European Council, in its conclusions on LGBTI equality of 16 June 2016, invited Member States to work together with the Commission with regard to the LGBTI List of Actions;

D.  whereas the Commission has adopted comprehensive strategic frameworks on other topics related to fundamental rights, such as disability and Roma inclusion, but has yet to take such action on LGBTI rights;

E.  whereas the List of Actions to advance LGBTI equality published by the Commission in 2015 is a non-binding, non-comprehensive strategy;

F.  whereas the Commission’s reports on the implementation of the List of Actions to advance LGBTI equality show that significant steps have been taken, but much remains to be done to ensure equality for all citizens in the EU, including LGBTI citizens;

G.  whereas although the guidelines adopted by the European Council to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons have been binding for the EU and its Member States in their external action since 2013, the EU’s lack of an internal complementing commitment poses a threat to internal and external cohesion;

H.  whereas the anti-discrimination directive remains blocked in the Council;

1.  Reiterates the recommendations of its resolution on the EU Roadmap;

2.  Notes that a backlash against gender equality, impacting LGBTI people directly, has been observed in the EU in recent years; calls on the Commission to make a commitment to tackle this backlash, to make equality and non-discrimination a priority field, and to ensure that this commitment is taken up in the work of the next Commission which will take office later in 2019;

3.  Calls on the Commission to ensure that LGBTI rights are given priority in its work programme for 2019-2024, and to strengthen cooperation among different DGs in areas where LGBTI rights should be mainstreamed, such as in education and health, as set out in the LGBTI List of Actions;

4.  Calls on the Commission to adopt another strategic document to foster equality for LGBTI people;

5.  Calls on the Commission to monitor and enforce the implementation of anti-discrimination legislation and measures to ensure the rights of LGBTI people in all areas;

6.  Calls on the Commission to continue work on the topics already included in the LGBTI List of Actions;

7.  Calls on the Commission to involve Parliament and civil society organisations in the design of its future LGBTI List of Actions;

8.  Calls on the Commission to continue awareness-raising and public communication campaigns concerning LGBTI people and their families; stresses the importance of such action at all levels, and of focusing on the benefits of diversity to society rather than on the mere normalisation of LGBTI people;

9.  Calls on the Commission to facilitate and support the Member States in their implementation of high-quality, comprehensive sexuality and relationship education programmes that provide information and education on sexual and reproductive health and rights in a way that is non-judgemental, framed positively and inclusive of LGBTI people;

10.  Calls on the Commission to take concrete measures to ensure freedom of movement for all families, including LGBTI families, in line with the recent Coman case at the CJEU;

11.  Notes that 8 Member States require sterilisation and 18 Member States require a mental health diagnosis in order to access legal gender recognition; calls on the Commission to assess whether such requirements are in line with the Charter of Fundamental Rights of the European Union;

12.  Calls on the Commission to incorporate an intersectional perspective into its future work on LGBTI rights, to take into consideration intersecting experiences of discrimination encountered by marginalised LGBTI people and to develop measures to address their specific needs, including by making funding available for specific support networks of marginalised LGBTI groups;

13.  Calls on the Commission to continue working with Member States with a view to the implementation of its future actions on LGBTI rights;

14.  Calls on the Commission to enhance the exchange of good practices on this matter; calls on the Member States to adopt the legislation required to ensure that the fundamental rights of LGBTI children are afforded adequate respect, promotion and protection, including full protection against discrimination;

15.  Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States and the Parliamentary Assembly of the Council of Europe.

(1) OJ C 93, 24.3.2017, p. 21. (2) Texts adopted, P8_TA(2019)0032. (3) Judgment of the Court (Grand Chamber) of 5 June 2018, ECLI:EU:C:2018:385.