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The rights of LGBTI people in the European Union

20-11-2020

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, ...

The prohibition of discrimination and the protection of human rights are important elements of the EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people persists throughout the EU and takes various forms, including verbal abuse and physical violence. Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of the provisions dealing with this issue is limited and does not cover social protection, healthcare, education or access to goods and services, leaving LGBTI people particularly vulnerable in these areas. Moreover, EU competence does not extend to recognition of marital or family status. In this area, national regulations vary, with some Member States offering same-sex couples the right to marry, others allowing alternative forms of registration, and yet others not providing any legal status for same-sex couples. Same-sex couples may or may not have the right to adopt children and to access assisted reproduction. These divergent legal statuses have implications, for instance, for partners from two Member States with different standards who want to formalise/legalise their relationship, or for same-sex couples and their families wishing to move to another Member State. Combating discrimination has become part of EU internal and external policies, and is the subject of numerous resolutions of the European Parliament. However, action in this area remains problematic when it touches on issues pertaining to areas traditionally the preserve of Member States, such as marital status and family law. This is a further updated version of a briefing originally drafted by Piotr Bakowski. The previous edition was published in May 2019.

The Istanbul Convention: A tool to tackle violence against women and girls

20-11-2020

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators. Following the EU's signing of the Convention in June 2017, the European Parliament's consent is required for the EU's accession to the Convention. Pending Council's formal request for that consent, Parliament ...

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators. Following the EU's signing of the Convention in June 2017, the European Parliament's consent is required for the EU's accession to the Convention. Pending Council's formal request for that consent, Parliament adopted an interim resolution in September 2017, and subsequently reviewed progress towards EU accession, in April and November 2019. EU accession to the Istanbul Convention is one of the priorities in the new EU 2020-2025 gender equality strategy.

Violence against women in the EU: State of play

18-11-2020

Violence against women is a violation of human rights and a form of gender-based discrimination. Rooted in inequalities between men and women, it takes many forms. Estimates of the scale of the problem are alarming. Such violence has a major impact on victims and imposes a significant cost burden on society. The instruments put in place by the United Nations and Council of Europe, including the latter's 'Istanbul Convention', to which the EU plans to accede, are benchmarks in efforts to combat violence ...

Violence against women is a violation of human rights and a form of gender-based discrimination. Rooted in inequalities between men and women, it takes many forms. Estimates of the scale of the problem are alarming. Such violence has a major impact on victims and imposes a significant cost burden on society. The instruments put in place by the United Nations and Council of Europe, including the latter's 'Istanbul Convention', to which the EU plans to accede, are benchmarks in efforts to combat violence against women. The EU is tackling the problem in various ways, but has no binding instrument designed specifically to protect women from violence. Although there are similarities between national policies to combat violence against women, the Member States have adopted different approaches to the problem. Parliament's efforts have focused on strengthening EU policy in the area. Parliament has repeatedly called for a European Union strategy to counter violence against women, including a legally binding instrument. Stakeholders have expressed a range of concerns, also regarding the impact of the coronavirus pandemic and the related need to expand and adapt support for victims, and have highlighted the need for a comprehensive EU political framework on eliminating violence against women. They have also launched new initiatives of their own. This is a further update of an earlier briefing by Anna Dimitrova-Stull, of February 2014. The most recent previous edition was from November 2019.

40 years of the Hague Convention on child abduction: legal and societal changes in the rights of a child

06-11-2020

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of ...

This in-depth analysis has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee in the context of the workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction. It looks into the implementation of the 1980 Convention, as regards the respect of autonomy of parts, validity of agreements and mediation, and describes, from a practitioner’s point of view, how the parents and children see the process. The paper concludes that in order to protect the interest of the child, the 1980 Convention should be maintained with restricted exceptions, but more should be done in terms of prevention. The new measures should include, in particular, harmonisation of the relocation proceedings and principles, enforceability of mediation agreements, and increasing of the autonomy of the parties through the inclusion of residence and custody plans in prenuptial agreements.

Ulkopuolinen laatija

Adriana DE RUITER

The situation of single parents in the EU

05-11-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, describes trends in the situation of single parents in the EU (with additional evidence from Iceland and Norway). It analyses the resources, employment, and social policy context of single parents and provides recommendations to improve their situation, with attention to the Covid-19 pandemic and its consequences.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, describes trends in the situation of single parents in the EU (with additional evidence from Iceland and Norway). It analyses the resources, employment, and social policy context of single parents and provides recommendations to improve their situation, with attention to the Covid-19 pandemic and its consequences.

Ulkopuolinen laatija

Rense NIEUWENHUIS

THE CHILD PERSPECTIVE IN THE CONTEXT OF THE 1980 HAGUE CONVENTION

31-10-2020

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical ...

This in-depth analysis, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs in the context of the Workshop to mark the 40th Anniversary of the Hague Convention on the Civil Aspects of International Child Abduction, examines the way in which subject children feature within Convention proceedings. It considers the aims of the Convention, and the lack of supranational control of its application. It draws on empirical research relating to the effects and consequences of child abduction to discuss the opportunities for children and young people to participate within Convention proceedings, and highlights the international obligations for such participation within the United Nations Convention on the Rights of the Child, The Charter of Fundamental Rights of the European Union, and other regional instruments. Different jurisdictional approaches are explained, and the role of culture in this context is probed. The impact of COVID-19 on abducted children is also explored.

Ulkopuolinen laatija

Marilyn FREEMAN

Tackling violence against women and domestic violence in Europe – The added value of the Istanbul Convention and remaining challenges

30-10-2020

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee. It aims to understand the implementation of the Convention, its added value, arguments against the ratification of the Convention, and the impact of the COVID-19 pandemic on violence against women (VAW) and domestic violence (DV). The 27 EU Member States are included in the study, together with Turkey, which offers a comparator of the impact ...

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee. It aims to understand the implementation of the Convention, its added value, arguments against the ratification of the Convention, and the impact of the COVID-19 pandemic on violence against women (VAW) and domestic violence (DV). The 27 EU Member States are included in the study, together with Turkey, which offers a comparator of the impact of the ratification of the Convention by a non-EU country.

Ulkopuolinen laatija

Nathalie MEURENS, Hayley D’SOUZA, Saredo MOHAMED, Nazia CHOWDHURY, Stelios CHARITAKIS, Kate, REGAN, ICF Prof. Dr Els LEYE, Ghent University/Consultant

Access to Abortion Services for Women in the EU - Slovakia

23-10-2020

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, provides basic information on access to abortion services in Slovakia. The legal status of abortions in the country is under permanent pressure despite the legally binding decision by the Constitutional Court back in 2007 which safeguarded women´s right to free choice. Eleven proposals to restrict abortion have been presented in the National ...

This paper, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, provides basic information on access to abortion services in Slovakia. The legal status of abortions in the country is under permanent pressure despite the legally binding decision by the Constitutional Court back in 2007 which safeguarded women´s right to free choice. Eleven proposals to restrict abortion have been presented in the National Parliament, in the last two years. Medical abortion is not available in the country, and together with conscientious objection applied in health services and current COVID-19 pandemics access to abortion services is further limited.

Ulkopuolinen laatija

Olga Pietruchova, independent gender equality expert, Slovakia.

Gender balance on company boards

30-09-2020

In 2012, the European Commission proposed a directive to improve gender balance on company boards. It required that the under-represented sex make up 40 % of board members of companies listed on stock exchanges. Although the European Parliament supported the proposal in 2013, the directive has still not been adopted due to reservations from several Member States in the Council. Parliament is expected to hold a debate on the state of play of the proposed directive during its first October plenary ...

In 2012, the European Commission proposed a directive to improve gender balance on company boards. It required that the under-represented sex make up 40 % of board members of companies listed on stock exchanges. Although the European Parliament supported the proposal in 2013, the directive has still not been adopted due to reservations from several Member States in the Council. Parliament is expected to hold a debate on the state of play of the proposed directive during its first October plenary session.

Evaluating the EU’s Response to the US Global Gag Rule

30-09-2020

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, maps out the challenges the European Union faces in promoting sexual and reproductive health and rights and the prevention of gender based violence in its external action, especially in providing aid to developing countries against the backdrop of US Global Gag Rules.

This study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, maps out the challenges the European Union faces in promoting sexual and reproductive health and rights and the prevention of gender based violence in its external action, especially in providing aid to developing countries against the backdrop of US Global Gag Rules.

Ulkopuolinen laatija

Clara COTRONEO, Petra JENEY, European Institute of Public Administration

Tulevat tapahtumat

30-11-2020
EPRS online Book Talk | How to own the room (and the zoom) [...]
Muu tapahtuma -
EPRS
30-11-2020
Hearing on Future-proofing the Tourism Sector: Challenges and Opportunities Ahead
Kuulemistilaisuus -
TRAN
30-11-2020
LIBE - FEMM Joint Hearing: Combating Gender based Violence: Cyber Violence
Kuulemistilaisuus -
FEMM LIBE

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