Parliamentary question - E-003685/2019(ASW)Parliamentary question

Answer given by Ms Dalli on behalf of the European Commission

The Commission strongly condemns any form of discrimination, intolerance or violence against lesbian, gay, bisexual, trans, intersex and others (LGBTI+) people, as this goes against the foundational values of the European Union (EU), enshrined in Article 2 of the Treaty on European Union.

However, it should be noted that EC law covers discrimination based on sexual orientation only in the context of employment, and no formal competence of the Commission exists regarding the area mentioned in the question. As regards media, the Audiovisual Media Services Directive[1] obliges Member States to ensure that audiovisual commercial communications do not include or promote any discrimination based on sexual orientation, but the directive does not apply to billboard campaigns.

Besides, the Charter of Fundamental Rights of the EU does not apply to every situation of an alleged violation of fundamental rights. The Charter applies to Member States only when they are implementing EC law. Outside the scope of implementation of EC law, it is for Member States, including their judicial authorities, to ensure that fundamental rights are effectively respected and protected in accordance with their national legislation and international human rights obligations.

The Commission will follow closely all developments in the Member States, including in Hungary, and will not hesitate to use the tools at its disposal to ensure the enforcement of EC law.

Last updated: 30 April 2020
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