The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity

2020 ◽  
pp. 283-296
Author(s):  
Andreas R. Ziegler
Keyword(s):  
European Union ◽  
Sexual Orientation ◽  
Gender Identity ◽  
The European Union ◽  
And Gender

Analysing Norm-Based Advocacy Strategies to Address Asylum on the Basis of Sexual Orientation and Gender Identity in Europe

2020 ◽  
Author(s):  
Melissa Schnyder
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Individual Member ◽  
The European Union ◽  
International Protection ◽  
Political Issues ◽  
Formal And Informal Institutions ◽  
Formal Basis ◽  
And Gender ◽  
Strategies For Change

Abstract Whether and under what circumstances forced migrants can claim asylum on the basis of their sexual orientation or gender identity (SOGI) are questions that have received much attention in recent years as issues of human security are increasingly considered by scholars, civil society organization (CSO) practitioners, and the international community. Although there is an international institutional framework in place that establishes the bases for claiming asylum, SOGI is not explicitly mentioned, resulting in institutional gaps that potentially expose survivors of SOGI-related human rights violations to the risk of being denied international protection. At the regional level, individual member states within the European Union (EU) can interpret international legislation differently, resulting in inconsistencies in terms of who is granted protection. This situation has mobilized many CSOs to take action and work to create normative change. This article analyses how specific norm-based strategies for change that have been identified in advocacy work addressing other social and political issues are currently being applied to advocate for SOGI as a formal basis for claiming international protection in Europe. The analysis draws upon CSO documents, writings, and discourse in order to identify the norms they criticize and attempt to weaken, and to uncover the alternative norms they promote. Because norms are a key component of both formal and informal institutions, the article sheds light on how CSOs can use norm-based strategies as powerful mechanisms for advancing political and social change.

scholarly journals Social diversity and access to healthcare in Europe: how does European Union’s legislation prevent from discrimination in healthcare?

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Marcin Orzechowski ◽  
Marianne Nowak ◽  
Katarzyna Bielińska ◽  
Anna Chowaniec ◽  
Robert Doričić ◽  
...  
Keyword(s):  
European Union ◽  
Sexual Orientation ◽  
Gender Identity ◽  
Ethnic Origin ◽  
Access To Healthcare ◽  
Healthcare Outcomes ◽  
The European Union ◽  
Social Diversity ◽  
Member States ◽  
The Eu

Abstract Background Social diversity can affect healthcare outcomes in situations when access to healthcare is limited for specific groups. Although the principle of equality is one of the central topics on the agenda of the European Union (EU), its scope in the field of healthcare, however, is relatively unexplored. The aim of this study is to identify and systematically analyze primary and secondary legislation of the EU Institutions that concern the issue of access to healthcare for various minority groups. In our research, we have concentrated on three features of diversity: a) gender identity and sexual orientation, b) race and ethnicity, and c) religion or belief. Method and materials For the purpose of this analysis, we conducted a search of database Eur-Lex, the official website of European Union law and other public documents of the European Union, based on specific keywords accompanied by review of secondary literature. Relevant documents were examined with regard to the research topic. Our search covered documents that were in force between 13 December 2007 and 31 July 2019. Results Generally, the EU legal system prohibits discrimination on grounds of religion or belief, racial or ethnic origin, sex, and sexual orientation. However, with regard to the issue of non-discrimination in access to healthcare EU secondary law provides protection against discrimination only on the grounds of racial or ethnic origin and sex. The issue of discrimination in healthcare on the grounds of religion or belief, gender identity and sexual orientation is not specifically addressed under EU secondary law. Discussion The absence of regulations regarding non-discrimination in the EU secondary law in the area of healthcare may result from the division of competences between the European Union and the Member States. Reluctance of the Member States to adopt comprehensive antidiscrimination regulations leads to a situation, in which protection in access to healthcare primarily depends on national regulations. Conclusions Our study shows that EU antidiscriminatory law with regard to access to healthcare is fragmentary. Prohibition of discrimination of the level of European binding law does not fully encompass all aspects of social diversity.

scholarly journals The reform of the Common European Asylum System: Fifteen recommendations from a Sexual Orientation and Gender Identity Perspective

2018 ◽  
Author(s):  
Nuno Ferreira ◽  
Carmelo Danisi ◽  
Moira Dustin ◽  
Nina Held
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Asylum Seekers ◽  
Country Of Origin ◽  
Burden Of Proof ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
And Gender ◽  
Definition Of

Since the 1990s, the European Union (EU) has slowly developed an increasingly sophisticated body of asylum law and policy, known as the Common European Asylum System (CEAS). This framework – both in the shape of legislative instruments and case law – has inevitably also affected those asylum seekers who claim asylum on the basis of sexual orientation and/or gender identity (SOGI). This has been vividly demonstrated by particular norms in EU asylum instruments and judgments of the Court of Justice of EU (CJEU).The current CEAS can be said to have several shortcomings in relation to SOGI claims, including in relation to: country of origin information; the notion of ‘safe country of origin’; the burden of proof and the principle of benefit of the doubt; the concept of a ‘particular social group’; and the definition of persecution. A new set of proposals for reform of the CEAS was put forward in 2016 by the European Commission, and these also affect SOGI asylum claims in precise and acute ways.This policy brief scrutinises these proposals of reform, and assesses the extent to which these proposals and different institutional positions address, ignore or aggravate the issues that currently affect asylum seekers who identify as LGBTI (lesbian, gay, bisexual, trans and intersex). The policy brief makes fifteen recommendations for European policymakers in regards to the reform of the CEAS, in order to ensure that the needs of LGBTI asylum seekers and refugees are effectively addressed and their rights are respected. Academics from the University of Sussex working on the Sexual Orientation and Gender Identity Claims of Asylum (SOGICA) project, funded by the European Research Council, are calling for policymakers to implement these recommendations in order to render the CEAS fairer for SOGI asylum seekers.

scholarly journals Queering participatory planning

2021 ◽  
pp. 095624782110193
Author(s):  
Vanesa Castán Broto
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Queer Theory ◽  
Political Representation ◽  
Participatory Planning ◽  
Radical Democracy ◽  
Politics Of Identity ◽  
The World ◽  
Participatory Processes ◽  
And Gender

All over the world, people suffer violence and discrimination because of their sexual orientation and gender identity. Queer theory has linked the politics of identity and sexuality with radical democracy experiments to decolonize development. Queering participatory planning can improve the wellbeing of vulnerable sectors of the population, while also enhancing their political representation and participation. However, to date, there has been limited engagement with the politics of sexuality and identity in participatory planning. This paper identifies three barriers that prevent the integration of queer concerns. First, queer issues are approached as isolated and distinct, separated from general matters for discussion in participatory processes. Second, heteronormative assumptions have shaped two fields that inform participatory planning practices: development studies and urban planning. Third, concrete, practical problems (from safety concerns to developing shared vocabularies) make it difficult to raise questions of identity and sexuality in public discussions. An engagement with queer thought has potential to renew participatory planning.

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