The meeting of the European Council on the 17-18 June 2004 marks an important step in the integration of the EU. The Irish Presidency managed to get the EU member states to agree on a Constitution for the EU with relatively few changes from the draft presented. Many EU citizens might see this as another step towards the concentration of powers in Brussels. However, it is important to realise that this text offers a potential greater protection of human rights in the EU. The preamble of the Constitution states that equality and human rights are central values of the EU. The Constitution includes the Charter of Fundamental Rights of the Union, which will be judiciable in the European Court of Justice (ECJ).
It presents a substantial change in relation to the rights of lesbian, gay, bisexual and transgender (LGBT) people in the EU since it enshrines protection against discrimination of the grounds of sexual orientation and sex (which includes gender according to the case law of the ECJ) (article II-21). It also recognises, amongst others, the rights to respect for private and family life (Article II-7) and the right to marry and found a family (Article II-9).
Although ILGA-Europe welcomes the agreement to sign the EU Constitution by the EU member states, it also knows that this not the end but rather the beginning of the Odyssey for a fully effective Constitution. The Constitution will enter into force only in 2007 and needs to be ratified by the 25 member states. Such ratification might prove difficult particularly in countries –like the UK- which will hold a referendum in an anti-EU climate.
Riccardo Gottardi, co-chair of ILGA-Europe said: “ILGA-Europe was a little surprised but pleased with the outcome of this Council. The text offers more guarantees for the protection of human rights and equality for LGBT people. It is a first important step to build a Union closer to the people, that guarantees the basic rights of every citizens, no matter what their sexual orientation or religion is.”
kraj