Caroline's Lucas work on LGBT issues

Overview:

May 2009: signed ILGA-Europe's pledge for the European Elections - ten key issues ILGA want to see advanced at EU level over next five years
22 April 2009: Written Question on Punishments for homosexuality in Egypt, Bahrain and Morocco - co-signed with other Intergroup members
2 April 2009: Kathalijne Buitenweg's report on Equal Treatment Directive adopted 360 votes in favour and 227 against
6 March 2009: WQ with Intergroup on Murder of transsexual human rights defender in Honduras
4 December 2008: WQ with Intergroup on decision to expel gay Iranian asylum seeker in Cyprus
23 September 2008: Written Declaration on Equal Recognition of Civil Partnerships - got 160 signatures

May 2009: signed ILGA-Europe's pledge for the European Elections - ten key issues ILGA want to see advanced at EU level over next five years

ILGA-Europe's 2009 European Election Pledge summarises the key issues that we want to see advanced at the EU level over the next five years. These are:

Adopting ambitious EU legislation on equal treatment I pledge to continue to support and to actively work towards the adoption of an EU multi-ground anti-discrimination directive as an essential step in ending the hierarchy of rights.
Ensuring the right to free movement in the EU for LGBT people I pledge to ensure that lesbian, gay, bisexual and transgender (LGBT) people are able to exercise their right to free movement in the EU with their families, including by closely monitoring the implementation of the Freedom of Movement Directive and by supporting measures to increase mutual recognition of partnerships.
Increasing explicit recognition of transgender people's rights I pledge to call for explicit recognition of the rights of transgender people in EU law, including by ensuring adequate coverage of transgender people in future EU gender equality legislation and policy and by closely monitoring implementation of the Gender Equality Directives with regard to their coverage of transgender people.
Combating homophobia and transphobia through criminal law I pledge to call for a Framework Decision on homophobic and transphobic violence, hate crime and hate speech following the recommendation issued in the legal study on homophobia of the EU Fundamental Rights Agency.
Promoting an inclusive definition of family I pledge to promote a definition of family which recognises the diversity of family relationships, and to ensure that the needs of LGBT families are increasingly reflected in EU policy and legislation (e.g. the Parental Leave Directive).
Acting as the EU's fundamental rights watchdog, including on LGBT rights I pledge to hold EU Member States accountable to their human rights commitments and to be a voice against human rights violations targeting LGBT people in the EU (e.g. freedom of assembly, asylum of people at risk of persecution).
Protecting LGBT rights in Europe beyond the EU I pledge to promote the human rights of LGBT people within the European Neighbourhood Policy, the EU Central Asia indicative programmes and Enlargement through political dialogue and recommending adoption of inclusive anti-discrimination laws.
Protecting LGBT rights in the world I pledge to support Parliament resolutions and actions condemning human rights violations against LGBT people outside the EU and calling for the end of criminalisation of homosexuality.
Calling for an explicit commitment to fundamental rights from the new EU Commission I pledge to prioritise the commitment to fundamental rights and equality in the approval of the new European Commission and to call for an explicit expression of this commitment by all the members of the EU Commission.
Ongoing commitment to the EU agenda in the area of non-discrimination and equality I pledge to support programmes that ensure continued EU funding for effective and necessary action to combat discrimination and promote equality on the grounds of sexual orientation, gender identity and gender expression.

22 April 2009: Written Question on Punishments for homosexuality in Egypt, Bahrain and Morocco - co-signed with other Intergroup members

WRITTEN QUESTION E-3276/09
by Michael Cashman (PSE), Raül Romeva i Rueda (Verts/ALE), Sophia in 't Veld (ALDE), Lissy Gröner (PSE), Sirpa Pietikäinen (PPE-DE), Eva-Britt Svensson (GUE/NGL), Emine Bozkurt (PSE), Glenys Kinnock (PSE), Maria Robsahm (ALDE), Åsa Westlund (PSE), Jeanine Hennis-Plasschaert (ALDE), Martine Roure (PSE), Michel Teychenné (PSE), Baroness Sarah Ludford (ALDE), Hélène Goudin (IND/DEM), Marco Cappato (ALDE), Paulo Casaca (PSE), Anne Van Lancker (PSE), Jan Andersson (PSE), Anna Hedh (PSE), Inger Segelström (PSE), Caroline Lucas (Verts/ALE), Catherine Stihler (PSE), Karin Resetarits (ALDE), Göran Färm (PSE), Thijs Berman (PSE), Margrete Auken (Verts/ALE), Ieke van den Burg (PSE) and Vittorio Agnoletto (GUE/NGL) to the Commission
Subject: Punishments for homosexuality in Egypt, Bahrain and Morocco

We have received disturbing news about recent arrests of people (including an EU citizen) on charges of homosexuality in Egypt, Morocco and Bahrain.

Four men were arrested in Cairo on 5 January by Egyptian Security Services. In the Kingdom of Morocco an EU citizen Gian Paolo, from Italy, was sentenced to prison and fined by the Criminal Chamber of the Lower Court in Marrakesh. In Bahrain two men were sentenced to six months in jail with hard labour for homosexuality.

In the light of the recent UN Declaration on the decriminalisation of homosexuality and the statement by Commissioner Benita Ferrero-Waldner at the plenary sitting of Parliament on 17 December 2008 that the Commission was ready to engage in the decriminalisation of homosexuality throughout the world, we would ask the Commission to intervene in the above mentioned cases.

Please also inform us about the action the Commission is taking and will be taking to encourage the decriminalisation of homosexuality throughout the world.

Where EU Association Agreements are in place, will the Commission invoke the clause on human rights?

2 April 2009: Kathalijne Buitenweg's report on Equal Treatment Directive adopted 360 votes in favour and 227 against

The report backs the European Commission's Equality Treatment Directive proposal, which will outlaw discrimination on the grounds of sexual orientation, disability, age and religion in social protection and health care, social benefits, education and access to goods and services, including housing. The Parliament also believes the directive should cover multiple discrimination, based on two or more grounds.

6 March 2009: WQ with Intergroup on Murder of transsexual human rights defender in Honduras

Parliamentary questions 6 March 2009 E-1442/09

WRITTEN QUESTION by Raül Romeva i Rueda (Verts/ALE) , Michael Cashman (PSE) , Sophia in 't Veld (ALDE) , Lissy Gröner (PSE) , Kathalijne Maria Buitenweg (Verts/ALE) , Jean Lambert (Verts/ALE) , Bairbre de Brún (GUE/NGL) , Catherine Stihler (PSE) , Caroline Lucas (Verts/ALE) , Glenys Kinnock (PSE) , Eva-Britt Svensson (GUE/NGL) , Gary Titley (PSE) , John Bowis (PPE DE) , Baroness Sarah Ludford (ALDE) , Britta Thomsen (PSE) , Richard Corbett (PSE) and Emine Bozkurt (PSE) to the Commission
Subject: Murder of transsexual human rights defender in Honduras
Answer(s)
According to recent reports received from the human rights organisations Front Line, Amnesty International and FIDH (Féderation International du Droit de l'Homme), a human rights defender, Cynthia Nicole Moreno, who was fighting for the rights of transgender people in Honduras, was brutally shot on 9 January 2009. NGOs working in the field state that she was very probably killed because of her activities defending the human rights of transgender people. She had been one of the public faces representing the transgender community in media and various conferences.
Two other transgender women have been killed in Honduras lately: Jazmina Zelaya on 30 October 2008 and another woman on 17 December 2008.
Police in Honduras are very reluctant to investigate any of theses cases and there is a risk that, because of the police's failure to act, the murderers will never be found.
Is the European Commission aware of the ongoing violence against transgender people in Honduras? Has the European Commission discussed, or does it intend to discuss, the issue with the Honduras authorities?
Can the European Commission put pressure on Honduras to protect transgender human rights defenders and thoroughly investigate the abovementioned murders?

E-1442/09EN
Answer given by Mrs Ferrero-Waldner on behalf of the Commission (28.4.2009)

The violation of human rights affecting Honduras continues to be of particular concern to the Commission, which has expressed this on several public occasions and has, since then, maintained a dialogue with the authorities of the country. Our Delegation has repeatedly called on the authorities of the country to fully investigate such cases and the Commission is supporting the efforts of the independent bodies involved in carrying out investigations on defenders of any human right offence including ones against discrimination based on sexuality.

In addition, the Commission intends to step up its efforts to reinforce human rights through our thematic project of ''Promotion of Human Development through the Elimination of Violence, the Construction of a Culture of Peace and Access to Justice” which focuses on capacity building of diverse actors (including those in the judicial system) to prevent any form of violation of human rights in the Western region of the country. Honduras has been allocated € 600 000 in the framework of Country Support Based Schemes of European Instrument for Democracy and Human Rights (EIDHR) to support actions related to the defense of human rights. During the consultation proceeding the launch of the call for proposals an extensive dialogue with the civil society took place where transsexual and gay-lesbian organizations were also represented. The issue of violence in Honduras is also being dealt with as comprehensively as possible as part of its 2007-2013 Country Strategy Paper, especially addressing prevention, law enforcement and rehabilitation simultaneously through our programme of €44 million concerning Security and Justice. The first phase of the programme has just been carried out with the authorities.

In such conditions, you can rest assured that the fight against violence and the strengthening of the rule of law will remain very much at the core of the Commission's cooperation policy vis-à-vis Honduras, and that the Commission will continue to impress upon respective authorities the need to step up their efforts to deal with this situation.

4 December 2008: WQ with Intergroup on decision to expel gay Iranian asylum seeker in Cyprus

Parliamentary questions 4 December 2008 E-6512/08
WRITTEN QUESTION by Michael Cashman (PSE) , Sirpa Pietikäinen (PPE DE) , Sophia in 't Veld (ALDE) , Emine Bozkurt (PSE) , Anne Van Lancker (PSE) , Arlene McCarthy (PSE) , Kathalijne Maria Buitenweg (Verts/ALE) , Jean Lambert (Verts/ALE) , Caroline Lucas (Verts/ALE) , Baroness Sarah Ludford (ALDE) , Hélène Goudin (IND/DEM) , Paulo Casaca (PSE) and John Bowis (PPE DE) to the Commission
Subject: Decision to expel a gay Iranian asylum seeker in Cyprus
Answer(s)
According to reports, the government of Cyprus has rejected an application by a gay Iranian asylum seeker on the grounds of his sexual orientation. As reported on 3 November in the Cypriot daily Politis, a government official has said ‘We can not open a window to them and we can not accept gay asylum seekers to come to Cyprus'.
Is this decision in the opinion of the European Commission a breach of Council Directives 2005/85/EC(1) and 2004/83/EC(2) bearing in mind the reasoning given in the abovementioned statement in the media?
Has the European Commission intervened in this case?
Does the European Commission consider Iran a safe country for gay Iranian asylum seekers to be returned to?
(1) OJ L 326, 13.12.2005, p. 13.
(2) OJ L 304, 30.9.2004, p. 12.

Last updated: 9 December 2008 Legal notice
Parliamentary questions 5 February 2009 E-6512/2008
Answer given by Mr Barrot on behalf of the Commission
The Commission would like to recall that it has no competence to examine individual asylum applications; individual applications must be examined by the national authorities on the basis of the substantive and procedural criteria set out by the Community acquis and international obligations.
Asylum decisions must in particular always be based on an individual, impartial and objective assessment of the application according to the substantive and procedural criteria provided for in Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted(1) and Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status(2).
Moreover, Member States have an obligation to assess all the elements of the application in line with Directive 2004/83/EC(3). Furthermore, pursuant to Directive 2005/85/EC, where an application is rejected, the reasons in fact and in law must be stated in the decision(4).
In general terms, the Commission also recalls that the removal or expulsion of an individual to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment is incompatible with the principle of non-refoulement as enshrined in Article 19 of the EU Charter of Fundamental Rights, Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and Article 33 of the 1951 Refugee Convention.
As regards the situation of homosexual persons in Iran and the principles to be observed when examining requests for international protection on grounds of sexual orientation, the Commission would refer the Honourable Members to its answers to Written Questions E 5966/07 and P 1330/08(5).
From Article 10(1)(d) of Directive 2004/83/EC follows an obligation on Member States to grant refugee status to persons who, following an individual examination of their application for asylum, are found to have a well-founded fear of persecution for reasons of membership of a particular social group, including a group based on a common characteristic of sexual orientation.
The Commission will write to Cypriot authorities requesting information on their approach to asylum requests made on the basis of sexual orientation

(1) OJ L 304, 30.9.2004.
(2) OJ L 326, 13.12.2005.
(3) Article 4(1).
(4) Article 9(2).
(5) www.europarl.europa.eu/QP-WEB/home.jsp

23 September 2008: Written Declaration on Equal Recognition of Civil Partnerships - got 160 signatures

GREEN MEP CALLS FOR EQUAL RECOGNITION OF CIVIL PARTNERSHIPS IN EURO-PARLIAMENT RESOLUTION
Green MEP for the South East, Dr Caroline Lucas, has helped to launch a resolution in the European Parliament to demand equal recognition of civil partnerships in EU law.

Dr Lucas has co-sponsored a Written Declaration, like an Early Day Motion in the House of Commons, with four other Euro-MPs (1) to urge changes in the EU Citizens Directive and Charter of Fundamental Rights so that people in same-sex partnerships are guaranteed an equal status in EU countries where legislation on civil partnerships (CPs) already exists.

Dr Lucas commented: “The European Union is committed to its citizens' freedom of movement and to the rights of individuals to live without discrimination on the grounds of sexual orientation.

“Yet the current law has caused difficulties for same-sex couples who have attempted to move between European states, especially when it comes to matters such as inheritance tax.

“We need to establish a Europe-wide consensus on the issue of same-sex partnerships, in which Member States recognise such unions as lawful and deserving of equal rights of movement to those in heterosexual unions.

“This Written Declaration calls for mutual recognition between Member States with existing same-sex partnership legislation, thus eliminating the current confusion.”

She continued: “Existing human rights law �" including the Universal Declaration of Human Rights �" asserts that everyone is born free and equal, and prohibits discrimination and arbitrary interference with privacy, or with family and home life.

“As such, it is the Parliament's responsibility to ensure that same-sex couples do not experience discrimination and receive the same fair treatment throughout EU countries with CP legislation, allowing them full freedom of movement.”

The Written Declaration will need to be signed by more than half of all MEPs if it is to be accepted as the Parliament's official position.

Text of WD 0076/2008 on equal recognition of civil partnerships:
The European Parliament,

having regard to the EU Citizens Directive,
having regard to Article 21 of the Charter of Fundamental Rights,
having regard to Rule 116 of its Rules of Procedure,

whereas the European Union is committed to its citizens' freedom of movement,
whereas with the introduction or passage of legislation regarding same-sex partnerships or marriages in many Member States, it is clear that a Europe-wide consensus is emerging on the issue of same-sex partnerships,
whereas the rights granted by such legislation vary from State to State, leading to some Member States with such legislation failing to recognise the same-sex partnerships of other Member States,
whereas this situation has caused hardship for couples who have exercised their freedom of movement rights,
whereas a number of Member States have chosen not to make provision for same-sex partnerships, and appreciating that the choice whether to do so remains the preserve of their national governments,
noting the conclusions of the recent report of the Agency for Fundamental Rights on Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States,
1. Calls upon those Member States with existing same-sex partnership legislation to recognise the arrangements of other Member States that have similar provisions;
2. Calls upon the Commission to draw up guidelines for mutual recognition between Member States with existing legislation;
3. Instructs its President to forward this declaration, together with the names of the signatories, to the Council and Commission, and the go