Newsletter No 10 - 01 April 2011
Equal Jus Project Newsletter, 01 April 2011, No 10
SUMMARY
Europe: back and forth
By Giacomo Viggiani, Lenford Research Centre Scientific Director
There have been a number of key developments in Europe in the last two weeks with contrasting results in LGBT rights.
Firstly, Civil Partnership legislation has been signed into law in the Principality of Liechtenstein and now 21 of 47 countries which belong to the Council of Europe have a legislated for same-sex couples. The Liechtenstein bill was been approved unanimously. [EJ Report]
Secondly, the Court of Appeal of Paris has ruled in favor of joint adoption by same-sex couples in two separate decisions, however, the effect of these decision remain restricted to joint adoptions previously entered into abroad. These decisions have resulted in discrimination between same-sex couples wishing to adopt a child in France and those who have jointly adopted a child abroad, in the sense that only the later adoption will be recognised in France. [EJ Report] What will the legislator do?
Finally, a German Court has held that adoption law must be concerned with the well-being of the child. Consequently, the fact that the adoptive parents are in a registered partnership rather than married, cannot be a valid ground for justifying a difference of treatment in the legal process of adoption. The decision may illustrate the need for courts to adopt a strictly fact-based approach in adoption cases, allowing the well-being of the child to prevail over the obstacles posed by public policy. [EJ Report]
Not all the news from France is good unfortunately. As we all know, Facebook has become an important tool but it can sometimes be a source of discrimination. There are many Facebook groups which encourage violence against LGBT people. The Tribunal de Grande Instance d’Alès has rejected a complaint by a French citizen about one such group due to the failure of the French police to identify its creator. [EJ Report].
The latest news from Belfast is that the High Court has overturned a decision by the Advertising Standards Authority (ASA) that an advertisement by a Belfast church was homophobic and therefore breached the ASA code of practice. According to the judge, the advertisement must be tolerated because also “the practice of homosexuality may have a similar effect [causing offences] on those of a particular religious faith.” [EJ Report]
I would like to conclude this editorial some good news. During the last United Nations Human Rights Council, which took place in Geneva, over 100 countries signed a Joint Statement to end violence based on sexual orientation and gender identity. [EJ Report]
We still have a long way to go in the protection of LGBT rights, but this Statement is a great leap forward.
In order to favour sustainability of the Equal Jus project after its end on May 31, 2011, Alexander Schuster asked Avvocatura per i diritti LGBT to appoint a new Scientific Director of the Lenford Research Centre. Giacomo Viggiani succeeded to his position as of 15 March 2011. He will manage the Equal Jus Website (news, database and newsletter), as well as the Centre's library and other activities. Alexander Schuster, European Coordinator of the Equal Jus Project on behalf of the University of Udine, has launched and managed the Research Centre for the first 16 months. He welcomes the appointment of Giacomo Viggiani, a step that will ensure a smooth transition from the EU co-funded period to self-sustainability.
Anyone is invited to suggest legal documents on LGBT issues for translation into English. The final texts will be freely available, as all Equal Jus project results are.
The Equal-Jus.eu project has devoted considerable resources within its budget for translation of legal documents that are relevant for understanding LGBT rights in Europe (but to a certain extent, also outside Europe, if of the greatest importance).
It is hard to make the right selection of the most relevant documents in the EU and Council of Europe countries.
We welcome suggestions through a form and encourage you to use it:
http://www.equal-jus.eu/node/270
The Equality and Justice Website has been updated. Online registration for the 12-13 May conference is now open until April 27! Seats are limited due to the historic venues hosting the event.
The updated programme will be published on April 5, 2011.
International news
UN Human Rights Council: unprecedented support for statement on sexual orientation and gender identity
Geneva, 22 Mar 2011 - In a stunning development for the principles of the Universal Declaration of Human Rights, at the United Nations Human Rights Council (UNHRC) in Geneva, Colombia delivered a Joint Statement during General Debate that called on States to end violence, criminal sanctions and related human rights violations based on sexual orientation and gender identity, and urged the Human Rights Council to address these important human rights issues. The statement was delivered on behalf of a broad grouping of 85 States from all regions of the world.
European news
European Commission proposes two regulations on the property rights of binational couples - One for all married couples and one for registered partners
Brussels, 16 March 2011 - Following on from new EU regulations last which allowing bi-national couples to chose which law applies to their divorce the Commission has now proposed new legislation to deal with property rights of bi-national couples. The Commission is proposing two separate Regulations: one to implement the rules for married couples ("matrimonial property") and the other for registered partnerships ("patrimonial property"). The European Commission's press release on the proposal can be read here.
European Parliament adopts resolutions on Turkey and Montenegro's progress towards joining the European Union emphasising the protection of LGBT rights
Strasbourg, 7 March 2011 - In adotping resolutions on Turkey and Montenegro's progress towards joining the European Union, the Parliament indicatated that both countries would have to improve their LGBT rights protections.
FRA and ECHR jointly publish a handbook on EU and ECHR non-discrimination law
Strasbourg, 21 Mar 2011- The European Agency for Fundamental Rights and the European Court of Human Rights have published a handbook on anti-discrimination law in the European Union. The handbook is the first of its kind to explain non-discrmination law stemming from the European Convention and the European Union in a single document.
MEPs welcome new gender change law in Portugal; concerned about Lithuania
Brussels, 21 Mar 2011 — Members of the European Parliament have reacted to recent developments in national laws affecting transgender people.
National news
New chair in comparative sexual orientation law at Leiden University
Holland, 17 Mar 2011 - Dr. Kees Waaldijkwas appointed to the new chair in Comparative Sexual Orientation Law at Leiden Law School’s a week ago. This chair is a unique in Europe and represents a milestone in the academic context.
The Isle of Man Passes Civil Partnership Legislation
Isle of Man, 15 March 2011 - Civil Partnership legislation has been signed into law in the Isle of Man. The legislation will give civil partners the same rights as married couples regarding inheritance, pensions and tax allowances. The law comes into effect on the 6th of April 2011.
The Court of Elmshorn declared that the adoption process must comply with the child well-being
Germany, 16 Mar 2011 - The Court of Elmshorn decided last December that growing and living in a registered partnership (Lebenspartnerschaft) instead of in a married family cannot be seen as a valid ground for justifying a difference of treatment in the legal process of adoption.
Transsexual has lost an Appeal Court battle in her bid to obtain NHS funding for a breast enlargement operation
Great Britain, 18 Mar 2011 - A week ago the Court of Appeal refused a transsexual woman’ s request to have her breast operation enlargement paid by the National Health Service.
Harassed Dutch Couple Institute proceedings against Utrecht Council, local police and others for failing to take action
Utrecht, Netherlands, 21 Mar 2011 - A gay couple have instituted proceedings against the Utrecht Council, the local police and the State. The couple were forced to move from the city of Utrecht after being harassed for more than a year. The couple are seeking damages for the failure of the authorities take adequate action in response to the eight police reports they filed.
Equality and Human Rights Commission urges Scotland to allow same-sex couples to marry
Scotland, 21 Mar 2011 - The Equality and Human Rights Commission (EHRC) have released a report advising the Scottish government to allow same-sex couples to marry. Recent polls have shown rising support among the Scottish public in favour of allowing gay couples to marry. In 2006, a poll found that 53 per cent of people supported same-sex marriage. In 2009, this figure rose to 62 per cent. This, the report says, means politicians should not fear a "backlash" from the public.
The Northern Irish High Court has overturned a decision by the Advertising Standards Authority (ASA) that a Church advertisement was homophobic
Northern Ireland, 22 Mar 2011 - The High Court has ruled in favour of Sandown Free Presbyterian Church which brought judicial review proceedings against the Advertising Standards Authority (ASA) after an ad by the Church was found to be in breach of its code of practice. The High Court has overturned a decision by the Advertising Standards Authority (ASA) that an advertisement by a Belfast church was homophobic and therefore breached the ASA code of practice. The ASA said it was disappointed and was considering the judgment.
Liechtenstein passes civil partnership legislation
Liechtenstein, 25 Mar 2011 - Civil Partnership legislation has been signed into law in the Principality of Liechtenstein.
Social networks and homophobic hate speech : the French justice helpless
France, 29 Mar 2011 - A French Court, the Tribunal de Grande Instance d’Alès, has closed the case of a complaint against homophobic pages or groups on the Facebook social network website.
Joint adoption legalised in France if it has been pronounced abroad
France, 29 Mar 2011 - On February 24th, 2011, the Cour d'Appel de Paris (Paris Court of Appeal) has legalized, in two different decisions a joint adoption pronounced abroad by two same-sex couples (a joint adoption pronounced in Canada and a joint adoption pronounced in the United Kingdom, in both cases for a couple of men).
2011/04/11-12 - Legal recognition of same-sex relationships in Europe
The conference will take place in Trier (Germany) on 11 and 12 April 2011. Since 1989, when Denmark became the first country to introduce registered partnerships, the legal recognition of same-sex relationships has been on the political agenda in many countries. By now, half of the Member States of the EU have introduced legislation on the formalisation of same-sex relationships. The conference will discuss the difficulties, same-sex couples might face if they live abroad or want to get divorced in another country as not only the substantive law of the Member States but also their private international law approaches differ to a large extent. The legal aspects of parenthood and surrogate motherhood will also be on the agenda.
2011/04/29 - AHEAD closing conference
The final conference of the AHEAD Project (run by the Municipality of Barcelona together with several partners) will take place in Turin - Italy. The project deals mostly with public policies for social inclusion and against discrimination of LGBT people. A white book will sum up the recommendations of the project. More information will become available on the project website: http://ahead-bcn.org/
2011/04/30 -Consultation deadline: Green Paper on recognition of civil status
The consultation of this green paper, titled "Less bureaucracy for citizens: promoting free movement of public documents and recognition of the effects of civil status records" will remain open until 30 April 2011.
Nerozzi, Dina, ed. (2006) Maschi o femmine? La guerra del genere. Problemi Aperti, 96 . Rubettino, Soveria Mannelli (CZ).
Bilotta , Francesco and De Filippis, Bruno, eds. (2009) Amore civile. Dal diritto della tradizione al diritto della ragione. SX - Quaderni Loris Fortuna . Mimesis, Udine.
Lingiardi, Vittorio (2007) Citizen Gay. Famiglie, diritti negati e salute mentale. Pamphlet, 9 . Il Saggiatore, Milano.
Cipolla, Massimo (2010) Codice contro le discriminazioni. UNSPECIFIED, Emilia-Romagna.
Scaffardi, Lucia (2009) Oltre i confini della libertà di espressione. L'istigazione all'odio razziale. Cedam, Padova.
Carella, Gabriella, ed. (2009) La Convenzione europea dei diritti dell'uomo e il diritto internazionale privato. I diritti umani e la giurisprudenza delle coerti. Dottrina, giurisprudenza e documentazione, 1 . Giappichelli, Torino.
Calvanelli, Cristina and Candidi Tommasi, Valentina (2009) La consigliera di parità e il giudizio antidiscriminatorio. Il quadro nazionale e cenni comunitari. Franco Angeli, Milano.
France, The Court of Paris (2011) Decision of 24.02.2011 - N°RG 10/08848. [Case-Law]
Lee, Man Yee Karen (2010) Equality, dignity, and same-sex marriage. A rights disagreement in democratic societies. Martinus Nijhoff Publishers, Leiden .
Nacka District Court (2006) Ombudsman, S.B. v. A.S (Sweden). [Case-Law]
The Supreme Court of Latvia (2007) The Judgement of Latvian Supreme Court, case SKA - 442/2007. [Case-Law]
Busch, Ulrike (2010) Sexuelle und reproduktive Gesundheit und Rechte. Nationale und internationale perspektiven. Nomos, Baden-Baden.
Sànchez, Marìa Martìn (2008) Matrimonio homosexual y constituciòn. Trant Monografìas589, Valencia.
Nardone, Giorgio and Cagnoni, Federica (2002) Perversioni in rete. Le psicopatologie da internet e il loro trattamento. Saggi di Terapia Breve, 11 . Ponte alle Grazie, Milano.
Mariani Marini, Alarico (2009) Agli antipodi dell'azzeccagarbugli. Cultura ed etica dell'avvocato. Law and Argumentation, 9 . Jovene Editore, Napoli.
Lopes Pegna, Olivia (2009) I procedimenti relativi all'efficacia delle decisioni straniere in materia civile. Cedam, Milano.
This newsletter is compiled by partners of the Equal Jus Project, a EU Fundamental Rights and Citizenship Programme co-funded project. To subscribe to the newsletter click here. To unsubscribe send a blank e-mail from the subscribed account to this address.
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