LGBT rights in the European Union

Treaty protections

The Treaty on the Functioning of the European Union makes in Articles 10 and 19 provisions for combating discrimination on the grounds of sexual orientation. These provisions were enacted by the Treaty of Amsterdam in 1999.

Furthermore, Article 21 of the Charter of Fundamental Rights asserts that "any discrimination based on any ground such as [...] sexual orientation shall be prohibited." The Charter was agreed in 2000 and became legally binding in 2009.

Legislative protection

Following the inclusion of the Treaty of Amsterdam's abovementioned provisions, the directive establishing a general framework for equal treatment in employment and occupation was enacted in 2000. This framework directive compelled all EU states to adopt, within three years, anti-discrimination legislation in employment. That legislation had to include provisions to protect people from discrimination on the basis of sexual orientation.

In practice, this protects EU citizens from being refused a job, or from being fired, because of their sexual orientation. It also protects them from being harassed by a colleague due to their sexual orientation. It does not cover being refused medical services or treatment, refusal of being given a double room in a hotel, protection from bullying in a school and refusal of social security schemes (e.g. survivors’ pensions and financial assistance to carers). Protection under EU law in these circumstances is however granted on the grounds of race or gender.

Proposed directive

A proposed European anti-discrimination law would outlaw discrimination in the areas of social protection, social advantages, education and access to supply of goods, on the basis of religious belief, disability, age, and sexual orientation. However the directive has been stalled in the Council, despite strong support from the European Parliament.

Transgender rights

EU law currently takes a different approach to transgender issues. Despite the European Parliament adopting a resolution on transsexuals’ rights as early as 1989, transgender identity is not incorporated into any EU funding and was not mentioned in the law establishing the European Institute for Gender Equality (EIGE) as sexual orientation was. However, the case law of the European Court of Justice provides some protection by interpreting discrimination on the basis of 'sex' to also refer to people who have had 'gender reassignment'. Thus all EU sex discrimination law applies to transgender people. In 2002, the 1976 equal treatment directive was revised to include discrimination based on gender identity.

Other actions

Between 2001 and 2006, a Community Action Programme to Combat Discrimination involved the expenditure of €100 million to fight discrimination in a number of areas, including sexual orientation.

In 2009 the European Commission has acted to tone down a law in Lithuania that included homophobic language and also aimed to support the gay pride parade in the country and others under threat of banning.

Foreign relations

In June 2010, the Council of the European Union adopted a non-binding toolkit to promote LGBT people's human rights.

In June 2013, the Council upgraded it to binding LGBTI Guidelines instructing EU diplomats around the world to defend the human rights of LGBTI people.

Same-sex unions

Same-sex marriage has been legalised in Belgium, Denmark, Finland, France, Ireland, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom (except Northern Ireland). Same-sex civil unions have been legalised in Austria, Italy, Belgium, Croatia, Cyprus, the Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Luxembourg, Malta, the Netherlands, Slovenia and the United Kingdom. In Denmark and Sweden civil unions were legal from 1989 and 1995 to 2012 and 2009, respectively. However existing civil unions are still recognised.

Austria, Germany, Hungary and Italy are considering legalisation of same-sex marriage. Italy, which was the last country from the old EU15 that failed to recognise same-sex unions, has approved the legalisation of some other form of registered partnership for same-sex couples in May, 2016. Bulgaria, Croatia, Hungary, Latvia, Lithuania, Poland and Slovakia have constitutionally defined marriage as being between a man and a woman.

European Union law requires those member states that legalised same-sex partnerships to recognise each other's partnerships for the purpose of freedom of movement. The European Parliament has however approved a report calling for mutual recognition.

According to EU Court of Justice case law based on the Employment Equality Framework Directive, employees in a civil partnership with a same-sex partner must be granted the same benefits as those granted to their colleagues upon their marriage, where marriage is not possible for same-sex couples. The Court established this principle in 2008 in the case of Tadao Maruko v. Versorgungsanstalt der deutschen Bühnen with regards to a German registered life partnership. In December 2013, the Court confirmed this in the case of Frédéric Hay v. Crédit agricole mutuel (C-267/12) with regards to a French civil solidarity pact, which is significantly inferior to marriage than a German registered life partnership.

State laws on sexual orientation

Openly gay people are allowed to serve in the military of every country except Cyprus, however this is contrary to European law and is rarely enforced.

Since December 2016, Malta became the first and only country in the EU - as well in Europe - to ban conversion therapy.

Due to the Cyprus dispute placing Northern Cyprus outside the Republic of Cyprus' control, EU law is suspended in the area governed by the Turkish Republic of Northern Cyprus.

Public opinion

Below is the share of respondents per country who agreed with the following statements in the 2015 Special Eurobarometer on discrimination. The last column is the change from the 2006 Eurobarometer where respondents were presented the slightly different statement "Homosexual marriages should be allowed throughout Europe".