Apr 26, 2007News: EU Parliament Demands Action and Commission Agrees
By vanrozenheim
(Brussels, EU) - Following a debate on homophobia in Europe yesterday, the European Parliament adopted a resolution today voicing concern at the recent announcement by the anti-gay Polish Education Minister of a new draft law to outlaw ‘homosexual propaganda’ in schools. The resolution – adopted by 325 votes to 124, with 150 abstentions – calls for a fact-finding mission to be sent to Poland, for “worldwide de-criminalisation of homosexuality” and for the Commission to take Member States to court if they breach their EU obligations.
Parliament debated and voted as two Polish NGOs – KPH (Campaign Against Homophobia) and Lambda Warsaw – were putting the final touches to the English language version of a damning report on the situation for gay mean and women in Poland.
The report, Situation of Bisexual and Homosexual Persons in Poland. 2005 and 2006 Report, was published in Polish earlier this month. The English version is expected to be published next week.
Although Poland is not the only country in Europe where homophobia is an issue – MEPs also mentioned in Parliament cases of discrimination in Italy and the United Kingdom (Northern Ireland) – most of the resolution focuses on recent developments in Poland.
MEPs not only expressed concern about statements by Minister Giertych regarding a new law providing for the dismissal, fining or imprisonment of school directors, teachers and pupils in cases of gay rights activism, they also note the Polish government’s stated wish to promote similar laws at European level and the fact that the Polish Ombudsman for Children announced that she is preparing a list of jobs for which homosexuals are unfit.
On the positive side, MEPs this week welcomed the fact that gay pride events are no longer systematically banned in Poland.
Among its demands, Parliament calls for the “worldwide de-criminalisation of homosexuality” and reiterates its call to all European Union member states to bring forward legislation outlawing discrimination against same-sex couples.
It also wants the European Commission to ensure that the “principle of mutual recognition” of national laws is applied in this field to ensure the free movement of gay couples without discrimination.
The Commission is also asked to draft new EU directives to ensure that discrimination on the basis of sexual orientation in all areas is prohibited – so far there is only a Community law on equal treatment at work.
Finally, the Commission is urged to take Member States to court if they violate their obligations under EU law.
Fact-finding mission to Poland?
In the resolution, MEPs urge the Polish authorities “to refrain from proposing or adopting a law as described by the Vice Prime Minister and Polish Minister of education”.
They also call on the authorities to “publicly condemn and take measures against declarations by public leaders inciting discrimination and hatred based on sexual orientation”.
Lastly, Parliament requested the Conference of Presidents [the European Parliament's political group leaders] to send a fact-finding mission to Poland, with a view to getting a clear picture of the situation and entering into dialogue with all parties concerned.
The European Parliament adopted a similar resolution on the increase in racist and homophobic violence in Europe “and notably in Poland” in June 2006.
At that time MEPs mandated the European Monitoring Centre on Racism to conduct an inquiry into the emerging racist climate in Poland.
During the Parliamentary debate, a handful of MEPs from Poland and from Northern Ireland walked out.
Observers in Strasbourg and Brussels are suggesting that the resolution passed by MEPs is perhaps the toughest-ever passed on tackling homophobia – and continues the increasing pressure on Poland to abide by EU rules which it signed up to prior to joining the Union three years ago.
Past clashes between Poland and the EU range from the economy and environmental issues through to human rights, especially in the areas of racism and gay rights.
Last November, Stefan Olsson, from the European Commission’s employment department and head of the Discrimination and Civil Society Unit, told delegates to the Socialist Group (PSE) in Parliament, that the Commission would get tough with member countries not falling into line with EU directives.
On a visit to Germany earlier this year, Polish education minister Roman Giertych said that “one must limit homosexual propaganda so that children won’t have an improper view of family”. Mr. Giertych is the leader of the far-right and vehemently homophobic League of Polish Familes.
Then last month, Miroslaw Orzechowski, the deputy education minister in Poland said that school teachers seen to be “promoting homosexual culture” in Polish schools would be dismissed. Since this statement, the government is understood to be drafting legislation which includes a clause with this sanction.
During the European Parliament's debate yesterday, EU Commissioner for Employment, Social Affairs and Equal Opportunities Vladimir Špidla made it clear that if Poland did pass this legislation it would directly contravene EU law – and the Commission would use “all the instruments at its disposal to defend the rights of all citizens of all countries”.
And he reminded Parliament that homophobia was not just confined to one single Member State, but it is much more universal.
“Human rights are indivisible,” Commissioner Špidla told Parliament at the end of the impassioned debate. “And that is something which I think the whole European Union is built upon.
In Warsaw, Prime Minister Jaroslaw Kaczynski, of the right-wing Law and Justice party, this afternoon attacked the European Parliament’s decision.
“Nobody is limiting gay rights in Poland,” he told The Associated Press (AP) news agency. “However, if we’re talking about not having homosexual propaganda in Polish schools, I fully agree with those who feel this way – such propaganda should not be in schools; it definitely doesn’t serve youth well.”
Commenting on yesterday’s debate in Parliament and today’s vote, Patricia Prendiville, the executive director of ILGA-Europe, welcomed the decision – and the statement from Vladimir Špidla, the EU Commissioner for Employment, Social Affairs and Equal Opportunities, that the controversial proposal by the Polish minister of education would clearly contravene the EU anti-discrimination legislation.
“Some expressions during yesterday’s debate at the European Parliament are living proof of homophobia existing in Europe, Ms. Prendeiville said this afternoon.
“We are very pleased that the Parliament rejected the motion not to discuss this issue and voted for the resolution.
“Homophobia is, unfortunately, alive and well across Europe and the firm stance of the European Parliament is crucial for furthering the fight against discrimination and prejudice which LGBT people in Europe face on a daily basis,” she continued.
“The European Parliament is the only elected institution in the EU and directly represents the EU citizens. Yesterday’s debate and its positive outcome is an important signal – the majority of European citizens’ representatives condemn homophobia.
Ms. Prendiville pledged that ILGA-Europe would continue working with all institutions towards strengthening and enhancing protections against discrimination on the grounds of sexual orientation and gender identity.
“We particularly look forward to working with the Fundamental Rights Agency which is currently conducting research on homophobia in Europe which, we hope, will become the basis for further actions by other EU institutions to combat homophobia.
“Another development which we await and anticipate is the strategic initiative on extending protections against discrimination on the grounds of sexual orientation in areas outside employment, which Commissioner Špidla also referred to yesterday in Parliament,” she concluded.
