Over the past three decades, there has been an important shift in the rights and status of lesbian, gay and bisexual (LGB) individuals in the European Union (EU). From a position where, as late as the early 1990s, criminal laws still prohibited same-sex sexual intercourse in a number of European jurisdictions, LGB people now enjoy increased social, political and legal visibility throughout the 27 Member States and the United Kingdom. At present, nearly all EU countries formally acknowledge same-sex partnerships and it is possible to contract a same-sex marriage in 14 jurisdictions. Lesbian, gay and bisexual people are increasingly present in political, cultural and sporting life, and their presence reflects tangible changes in broader public attitudes. In 2019, the European Commission’s Eurobarometer on the ‘Social Acceptance of LGBTI People in the EU’ revealed that, in almost 80 % of Member States, more than half of the population now agree that ‘gay, lesbian and bisexual people should have the same rights as heterosexual people’. Similarly, in almost 65 % of EU jurisdictions, more than half of the population also agrees that ‘there is nothing wrong in a sexual relationship between two persons of the same sex’. Evolving social attitudes in the European Union are mirrored in pan-European legal reforms, which have enhanced protections against sexual orientation discrimination and developed positive rights in a number of key fields. Yet despite this welcome progress, many challenges remain. Although public opinion is shifting, there remains considerable hostility to LGB people. According to the 2019 Eurobarometer, a significant proportion of EU citizens still oppose public displays of same-sex affection, LGB-inclusive education and gay or lesbian children within their own families. According to the recent findings of the second survey of the European Union Agency for Fundamental Rights on LGBTI people in the EU, in the previous 12 months, 39 % of lesbian women, 32 % of gay men, 36 % of bisexual women and 28 % of bisexual men across the Union felt discriminated against in areas other than employment due to being LGBTI. The European Union has been a key regional actor in protecting and promoting the rights of LGB populations across the 27 Member States. Article 19(1) of the Treaty on the Functioning of the European Union specifically empowers the Council of the European Union (Council) to ‘take appropriate action to combat discrimination based’ on sexual orientation. This commitment to equality is reaffirmed through Article 21(1) of the Charter of Fundamental Rights of the European Union. In the field of secondary legislation, however, EU law remains comparatively limited in scope. While Directive 2000/78/EC establishes important protections within employment and occupation, the Council has not yet – unlike in the fields of race or ethnic origin and sex – adopted guarantees for LGB individuals beyond the labour market. While, in 2008, the European Commission suggested a more expansive non-discrimination framework, this proposal remains pending. Against this background, the report explores national prohibitions on sexual orientation discrimination in four key areas – social protection, social advantages, education, and access to and the supply of goods and services. The report asks whether and how the 27 EU Member States and the United Kingdom provide relevant legal protection in these fields – taking into account statutory safeguards, executive regulations and administrative practice. There is a strong emphasis on the case law of national courts, equality bodies and ombudspersons, as the report investigates whether judicial interventions (even in the absence of statutory protection) can provide sufficient safeguards for sexual orientation in the four areas under review.

链接地址：http://dx.doi.org/10.2838/70902