Sexual Orientation Discrimination in the European Union: The Framework Directive and the Continuing Influence of the European Parliament

Abstract

This article examines the effectiveness of sexual orientation discrimination laws prescribed by the European Union. In particular, the article critiques Article 13 of the Treaty Establishing the European Community, and the Framework Directive which was established under the powers conferred by it. It is argued that the Framework Directive is too restrictive in its scope, in terms of the areas of life it covers (i.e. employment only), and that the exceptions to its provisions are unjustly broad. Analysis is also made of recent case law from both the European Court of Justice and the European Court of Human Rights in an attempt to demonstrate the progressive but limited nature of this area of law. As a main theme, the article examines the important role that the European Parliament has had, and continues to have, on the evolution of sexual orientation discrimination law and more broadly, gay and lesbian rights within the European Union.