MOTION FOR A RESOLUTIONto wind up the debate on the statement by the Vice-President of theCommission/High Representative of the Union for Foreign Affairs andSecurity Policypursuant to Rule 110(2) of the Rules of Procedureon human rights, sexual orientation and gender identity at the United NationsMichèle Striffler, Mariya Nedelcheva, Eduard Kukanon behalf of the PPE GroupRichard Howitt, Michael Cashman, Véronique De Keyser, VilijaBlinkevičiūt , Emine Bozkurt, Ana Gomeson behalf of the S&D GroupMarietje Schaake, Sophia in 't Veld, Sonia Alfano, Sarah Ludford,Leonidas Donskis, Alexander Alvaro, Kristiina Ojuland, Ramon Tremosai Balcells, Renate Weberon behalf of the ALDE GroupCharles Tannockon behalf of the ECR GroupUlrike Lunacek, Raül Romeva i Rueda, Nicole Kiil-Nielsen, CatherineGrèze, Franziska Katharina Brantner, Rui Tavares, Keith Taylor,Barbara Lochbihleron behalf of the Verts/ALE GroupCornelis de Jong, Bairbre de Brún, Miguel Portas, Marisa Matias, Jean-Luc Mélenchon, Marie-Christine Vergiaton behalf of the GUE/NGL Group

Please note:

The present version reflects all changes made by final votes on the proposed text.It is provided by the European Parliament’s Intergroup for LGBT Rights for information purposesonly. The official version of the final resolution will be made available on the website of theEuropean Parliament in due time.

B7-0523/2011European Parliament resolution on human rights, sexual orientation and genderidentity at the United NationsThe European Parliament,–having regard to the Universal Declaration of Human Rights, to the European Conventionon Human Rights, and to the EU Charter of Fundamental Rights,having regard to UN General Assembly Resolution A/RES/60/251 establishing theUnited Nations Human Rights Council (UNHRC),having regard to the Declaration of 16 March 2006 by the Presidency of the Council ofthe European Union on behalf of the European Union on the establishment of theUNHRC,having regard to its resolution of 10 March 2011 on the 16th session of the UNHRC1,having regard to its resolution of 16 December 2010 on Human Rights in the World in2009 and EU policy on the matter2,having regard to previous joint statements and declarations at the United Nations,including the Joint statement on ending acts of violence and related human rightsviolations based on sexual orientation and gender identity of 22 March 2011 at theHuman Rights Council, and the Declaration on Human Rights and Sexual Orientation andGender Identity of 18 December 2008 at the General Assembly,having regard to the UNHRC resolution A/HRC/17/19 of 17 June 2011 on Human rights,sexual orientation and gender identity,having regard to the 17thsession of the UNHRC, which adopted resolution A/HRC/17/19on Human rights, sexual orientation and gender identity, and the 19th session of theUNHRC, which will hold the panel discussion mandated by resolution A/HRC/17/19,having regard to the Council of Europe Parliamentary Assembly resolution 1728 of 29April 2010 on Discrimination on the basis of sexual orientation and gender identity, andthe Committee of Ministers recommendation CM/Rec(2010)5 of 31 March 2010 onmeasures to combat discrimination on grounds of sexual orientation or gender identity,having regard to the Organization of American States resolution AG/RES. 2653 of 7 June2011 on Human rights, sexual orientation and gender identity,having regard to the report ‘Homophobia, transphobia and discrimination on grounds ofsexual orientation and gender identity’ by the Fundamental Rights Agency (November2010),having regard to Articles 2, 3(5), 18, 21 and 27 of the Treaty on European Union, andP7_TA-PROV(2011)0097.P7_TA(2010)0489.

Article 10 of the Treaty on the Functioning of the European Union,–having regard to the Council of the European Union’s Toolkit to Promote and Protect theEnjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT)People,having regard to the statement by the Vice-President of the Commission/HighRepresentative of the Union for Foreign Affairs and Security on human rights, sexualorientation and gender identity at the United Nations,having regard to Rule 110(2) of its Rules of Procedure,whereas respect for, and the promotion and safeguarding of, the universality of humanrights is part of the European Union’s ethical and legal acquis and one of the cornerstonesof European unity and integrity;whereas numerous human rights violations linked to sexual orientation and genderidentity occur daily in the European Union as well as in third countries;whereas the European Union and its Member States should guarantee respect for humanrights in their own policies and practice, so as to strengthen and make credible theEuropean Union’s position in the UNHRC;whereas the European Union attaches paramount importance to universal and indivisiblehuman rights;whereas the European Union already includes sexual orientation and gender identity in itswork at the United Nations, within regional bodies and some of its bilateral human rightsdialogues;whereas the UNHRC resolution on Human rights, sexual orientation and gender identityis the first resolution adopted at the United Nations dealing specifically with sexualorientation and gender identity;whereas states from all regions, including all EU Member States at the UNHRC, voted infavour of the resolution on Human rights, sexual orientation and gender identity, and 21EU Member States sponsored the resolution;whereas several United Nations human rights treaty bodies, special rapporteurs andagencies, as well as the United Nations Secretary-General and High Commissioner forHuman Rights, have expressed grave concerns about human rights violations experiencedby LGBT people worldwide;whereas other regional institutions, including the Council of Europe and the Organizationof American States, recently adopted resolutions condemning human rights abuses ongrounds of sexual orientation and gender identity;Reiterates its concern regarding the numerous human rights violations and widespreaddiscrimination based on sexual orientation and gender identity, both in the EuropeanUnion and in third countries;

Acknowledges and supports the work already undertaken by the Human Rights Council,the UN Secretary-General, the High Commissioner for Human Rights, UN human rightstreaty bodies, special rapporteurs and other UN agencies to ensure that internationalhuman rights standards apply fully, regardless of a person’s sexual orientation and genderidentity;Welcomes the adoption of resolution A/HRC/17/19 on Human rights, sexual orientationand gender identity by the Human Rights Council;Draws attention to the fact that the resolution was supported by states from all regionsand authored by South Africa; reiterates that human rights are universal and indivisible,and apply equally to all regardless of their sexual orientation and gender identity;Supports the organisation of a panel discussion during the 19th session of the HumanRights Council in spring 2012 to have ‘constructive, informed and transparent dialogueon the issue of discriminatory laws and practices and acts of violence against individualsbased on their sexual orientation and gender identity’; takes the view that holding arespectful and open dialogue on human rights, sexual orientation and gender identityamong UN Member States from all regions is indispensable;Welcomes the longstanding support of EU Member States and the Vice-President of theCommission/High Representative of the Union for Foreign Affairs and Security Policyfor including sexual orientation and gender identity in the work of the Human RightsCouncil and of other UN bodies, including in the case of earlier joint statements anddeclarations;Recalls that the Toolkit to Promote and Protect the Enjoyment of all Human Rights byLGBT People of the Working Party on Human Rights of the Council of the EuropeanUnion mentions the decriminalisation of homosexuality in the world, equality and non-discrimination, and the protection of human rights defenders as key priorities; takes theview that the High Representative, all EU institutions and Member States should upholdthese priorities systematically at home and in their foreign relations;Calls on the High Representative and Member States to systematically promote, inpartnership with third countries, the protection and respect of human rights in relation tosexual orientation and gender identity at the United Nations and in other multilateral fora,and bilaterally in their human rights dialogues;Encourages Member States to engage constructively, and in partnership with thirdcountries, with the Universal Periodic Review and treaty body procedures to ensure thathuman rights in relation to sexual orientation and gender identity are fully upheld in theEuropean Union and in third countries; to this end, encourages Member States and theHigh Representative to ensure consistency between the EU’s external and internal actionin the field of human rights, as provided for by Article 21(3) of the Treaty on EuropeanUnion;

11. Regrets that the rights of lesbian, gay, bisexual and transgender people are not yet alwaysfully upheld in the European Union, including the right to bodily integrity, the right toprivate and family life, the right to freedom of opinion and expression, the right tofreedom of assembly, the right to non-discrimination, the right to freedom of movement,including the right to free movement for same-sex couples and their families, the right ofaccess to preventive health care and to benefit from medical treatment, and the right toasylum;12. Recalls Member States’ obligation to protect or grant asylum to third country nationalsescaping or risking persecution in their country of origin on the basis of their sexualorientation, as laid down in Directive 2004/83/EC1on minimum standards for thequalification and status of third country nationals or stateless persons as refugees or aspersons who otherwise need international protection and the content of the protectiongranted;13. Roundly condemns the fact that homosexuality, bisexuality and transsexuality are stillregarded as mental illnesses by some countries, including within the EU, and calls onstates to combat this; calls in particular for the depsychiatrisation of the transsexual,transgender, journey, for free choice of care providers, for changing identity to besimplified, and for costs to be met by social security schemes;14. Draws attention to the findings of the European Union’s Fundamental Rights Agency inits report ‘Homophobia, transphobia and discrimination on grounds of sexual orientationand gender identity’; calls on the Commission and Member States to act on the opinionscontained therein to the greatest possible extent;15. Calls on Member States, the Commission and the EEAS to fully address theseinequalities; reiterates its request that the Commission produce a comprehensive roadmapagainst homophobia, transphobia and discrimination on grounds of sexual orientation andgender identity;16. Calls on the Commission and the World Health Organization to withdraw gender identitydisorders from the list of mental and behavioural disorders, and ensure a non-pathologising reclassification in the negotiations on the 11th version of the InternationalClassification of Diseases (ICD-11);17. Instructs its President to forward this resolution to the Vice-President of theCommission/High Representative of the Union for Foreign Affairs and Security, theCommission, the Council of the European Union, the governments and parliaments of theMember States, the United Nations High Commissioner for Human Rights and the UnitedNations Secretary-General.