Homosexuality – legislative inequality For a common European framework	Magazine KRAMA
By Anna Karamanou	March 2004

The formation of a common European policy for the recognition and protection of the rights of LGBT (Lesbian, Gay, Bi-sexual, Transsexual) community members began only in recent years. On behalf of the European Commission, the announcement by Anna Diamantopoulou, in the early 2000s, of a “package” with two Directives and an Action Program to combat discrimination, was a very significant initiative, which also satisfied a related request from the European Parliament. Since September 2002, an official working group, an “Intergroup,” for LGBT rights has been operating in the European Parliament, initiated by a member of the Committee on Women’s Rights and Gender Equality, Mrs. Joke Swiebel. The members of the group act as a pressure group to promote the demands of the LGBT community.

However, there are significant discrepancies between the member states of the Union regarding the recognition of rights, both in their legislation and in practice. The Northern countries are, once again, in a better position than the Southern countries. The discrepancies are particularly evident regarding the pending incorporation into national legislations of the Directives 42/2000 “on the implementation of the principle of equal treatment of persons…” and 78/2000 “on the establishment of a general framework for equal treatment in employment…”. Despite the fact that the relevant deadline (2/12/03) has passed, only a handful of countries have already proceeded with the incorporation, while there are others that have not even started preparing the relevant legislative measures. Greece is somewhere in the middle, as the drafting of the bill being prepared by the Ministry of Labor is nearing completion.

These Directives lay the foundation for the protection of certain fundamental rights of LGBT individuals, rights that until now were unprotected, as there are numerous cases of discrimination in the workplace and unequal treatment in general due to their sexual orientation. The draft law being prepared by the Ministry of Labor covers many of the issues mentioned in the Directives. An important provision, for example, is the requirement that the burden of proof in court not fall on the complainant, but on the opposing party or the administrative authority, which will have to demonstrate that it did not violate the principle of equal treatment.

The processes for the full recognition of LGBT rights are ongoing. At the center of this effort, I believe, should be, beyond laws, the promotion of public dialogue on the respect for human rights – my proposal is for it to be taught in schools – and the creation of an awareness that diversity and the free expression of sexuality humanize and enrich, rather than threaten, our societies.