Dec 132012

The Parliament has approvedby 308 votes in favour, 229 against and 48 abstentions a review of fundamental rights in the European Union among many other aspects calls for recognition of the rights of couples of the same sex throughout the territory of the Union; It calls for ending the discriminaci0nes on sexual orientation and gender identity and condemns the pathologization of transsexuality. As to the Spanish vote is concerned, no surprises: the PP has opposed, the rest voted in favour.

Specific references to sexual orientation and gender identity are contained in recommendations 86 to 99, for your great interest we reproduce literally below (the bold are ours):

"The European Parliament (…)

86. Calls on the Commission to propose a recasting of the Decision as part of the Council on combating certain forms and expressions of racism and xenophobia by means of criminal law, of form involving other forms of crimes motivated by prejudice, among others, for reasons of sexual orientation, gender expression and gender identity;

87. Urges States members to adopt the national legislative framework to address the discrimination experienced by gays and same-sex couples for reasons of sexual orientation or gender identity, as well as ensuring the effective implementation of the existing legal framework of the EU and of the case-law of the Court of Justice of the European Union (CJEU);

88. Urges the Member States to sign up and investigate crimes motivated by hatred of gays, lesbians, bisexuals and transsexuals (LGBT) and to that adopt criminal legislation to prohibit incitement to hatred for reasons of sexual orientation and gender identity;

89. It welcomed the Commission's proposals relating to competition and the law applicable to the equity effects of marriages and registered unions; considers, however, that the choice of two different instruments and a separate approach to registered marriages and marriages is unjustified; It is considered that it should impose the same power and the same law applicable in both cases;

90. It urges States members which have adopted legislation relating to couples of the same sex to recognize the standards adopted by other Member States with similar effects; It recalls the obligation of Member States to implement fully the Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and members of their families to circular and reside freely in the territory of the Member States, including same-sex couples and their children; He welcomes more and more Member States have introduced or adapted their cohabitation, civil union laws and marriage to overcome discrimination based on sexual orientation that couples of the same sex and their children have suffered, and calls on other Member States introduced similar legislation;

91. Calls on the Commission to submit a proposal to thefull mutual recognition of the documents accrediting the marital status throughout the EU which include the legal recognition of gender, marriage and in fact registered jointsin order to reduce discriminatory administrative and legal barriers that face citizens when exercising their rights to freedom of movement;

92. Requests the Commission and the Council to intervene strongest shape against homophobia, violence and discrimination on grounds of sexual orientation, even asking the mayors and police States protect freedom of expression and be manifested on the occasion of the LGBTI community pride marches; urges the Commission to use the results of the current study of the FRA in order to finally respond to the repeated appeals of the European Parliament and NGOs and develop the work Plan of the EU for equality urgently on grounds of sexual orientation and gender identity, with a view to their adoption in 2014;

93. It urges the Member States to ensure the effective protection of participants in public acts of the LGBT community, among them the pride marches, and to ensure that these acts be held legally;

94. He regretted that in several States members still deemed that transgender people are mentally ill; It calls upon States members to introduce or review procedures for the legal recognition of gender, in accordance with the model of Argentina, and review the conditions for the legal recognition of gender (including forced sterilisation); asks the Commission and the World Health Organization to eliminate disorders of gender from the list of mental disorders and behavior identity, and ensure a reclassification of such disorders as non-pathological disorders in the negotiations of the eleventh version of the international classification of diseases (ICD-11);

95. It welcomed the new set of standards on asylum introduced in the directive of qualification, including the identity of gender as a reason for persecution; He argues that the asylum package must maintain its coherence and include sexual orientation and gender identity in the asylum procedures directive;

96. Calls on States members that guarantee access to the employment, goods and services without discrimination based on gender identity, in line with EU law;

97. Welcomes the implementation underway of a study of the FRA gathering comparable data on the experience of people in the LGBT community in the European Union and Croatia;

98. Urges the Member States to transpose completely Council Directive 2003/86/EC on the right to family reunification without discrimination on grounds of sex or sexual orientation; It recalls that, according to the case-law of the European Court of human rights, same-sex couples are part of the field of family life;

99. It is considered that there is more likely that protect the fundamental rights of gays if they have access to legal as coexistence, registered union or marriage institutions; It welcomes that 16 Member States currently offer these possibilities, and urges others States members who consider the possibility of offering them equally;


Other aspects of the report

The report also draws attention on restrictions on access to sexual and reproductive health in some States, in particular to safe and legal abortion and sex education, as well as financial cuts in the field of family planning. Also urges States to protect the rights of national and linguistic minorities, regrets that citizens of Roma origin are subject to procedures of collective expulsion by some States and deplores the "weak reaction"the Commission in several of these cases. Also condemns further arrests on a large scale to facilitate the expulsion of immigrants and calls on all States to introduce alternatives to detention. In addition, remember that access to healthcare is a fundamental right and calls on the Member States that facilitate access to this right also to migrants in an irregular situation.

MEPs also voice his concern for those cases in which the police resorts to a force disproportionate public events and demonstrations, asking that your personal identifiable. MEPs are also sensitive to the rise of racist, xenophobic parties, islamofobos and anti-Semites and express concern for the degradation of the pluralism of the media. They condemn also the conditions under which work some journalists and the obstacles they face, especially when they cover events.

Touches of care in areas in which the current Spain, by the way, can feel fully referred: announced restrictions on abortion, denial of the right to health assistance to irregular migrants, police violence by agents that it is impossible to identify, restrictions on the press in demonstrations...

The Spanish vote: PP, against, rest in favor

No surprises by what the Spanish vote is concerned, given in the content of the report. Voted to Socialist MEPs Josefa Andrés, Inés Ayala, Alejandro Cercas, Ricardo Cortés, Vicente Miguel Garcés, Iratxe García, Eider Gardiazábal, Enrique Guerrero, Sergio Gutiérrez, María Irigoyen, Juan Fernando López Aguilar, Emilio Menéndez, María Muñiz, Raimon Obiols, Teresa Riera, Carmen Romero and Luis Yáñez, Izaskun Bilbao (PNV), Raul Romeva (ICV) and Francisco Sosa (UPyD).

They voted against the members of the PP Pablo Arias, María Auxiliadora Correa, Santiago Fisas, Carmen Fraga, Esther Herranz, Verónica Lope, Gabriel Mato, Francisco José Millán, Juan Andrés Naranjo, José Ignacio Salafranca, Aleix Vidal-Quadras, Pablo Zalba and Luis de Grandes.

The rest, at least according to the provisional list of vote available on the website of the European Parliamentthey were absent.

Home of the blacksmith, knife suit

A report without a doubt valuable, although he doesn't draw attention to one aspect: that your rapporteur was MEP Monika Flašíková, of the party direction (Smer-social democracy, SMER-SD, integrated in the European Socialist Party). A party that in recent weeks It refused to approve in their own countrySlovakia, a law of civil unions between persons of the same sex...