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10 juillet 2020
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Individuals (Persons) People Bias Rights of man Basic rights Civil rights (International law) Human rights--Law and legislation Rights, HumanCiter ce document
Andreas R. Ziegler, « Discrimination on Grounds of Sexual Orientation and Identity », Serveur académique Lausannois, ID : 10670/1.lgwhev
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Résumé
While as a group the EU Member States are among the most advanced countries when it comes to protection and non-discrimination of LGBTI (lesbian, gay, bisexual, trans, intersex) persons, there remain huge differences among them. This is reflected in the limited competences of EU in this field (e.g. family law, education etc.). Even when the EU is competent to take concrete measures, they are normally subject to unanimity rules which makes progress slow. At the same time, the achievement of certain accepted goals with regard to other policies (internal market, security and asylum, staff regulations etc.) has made possible certain compromises between the Member States that have improved the situation (sometimes only after a clarification through the case law of the ECJ). In addition, despite the uneven acceptance within the UE, in its foreign relations the EU (or at least certain actors like most importantly the Parliament) the EU is increasingly demanding a minimum threshold regarding he respect of human rights (also of LGBTI persons). This is particularly importance for so-called candidate countries and in commercial relations with developing countries.