LIBE I

Motion for a Resolution by the Committee on
Civil Liberties, Justice and Home Affairs I

Rainbow families: this year, Slovenia became the 14th EU Member State to allow same-sex couples to marry and adopt. However, obstacles to full equality remain in other EU countries. How should the EU act to further the fundamental right of its LGBTQIA+ citizens to marry and start a family?

Submitted by: Wessel Adelaar (NL), Marcel Herbert (NL), Nikkie Hollander (NL), Hilde Jansen (NL), Evy Jiang (NL), Emily Laur (NL), Evy Minnaar (NL), Cas Sprock (NL), Maresa Uenk (NL), Alice Maffoni (Chairperson, IT)

The European Youth Parliament

  1. Emphasising Article 12 and Article 14 of the European Court of Human Rights (ECHR) which protect the right to marry and found family for all EU citizens without discrimination, 
  2. Noting with deep concern that only 21 out of 27 EU Member States provide a legal framework for same-sex couples,
  3. Alarmed by the difference of the LGBTQ+  family rights’ recognition between the Member States, 
  4. Keeping in mind that the Member States have jurisdiction over the civil rights granted to their citizens such as the right to adoption and the use of assisted reproductive treatments, 
  5. Deeply concerned that 9 EU Member States prohibit adoption for same-sex couples,
  6. Recognising the work done by the European Court of Justice which recognised
    1. the gender-neutral recognition of the word “spouse” in the EU legislation,
    2. the freedom of movement for same-sex couples throughout the EU,
    3. the legal validity of birth certificates of same-sex couples’ children in each Member State, 
  7. Aware that the ECHR ruled that where adoption is available for single parents, same-sex parents cannot be discriminated against, 
  8. Having examined the fragile process for same-sex couples adoption which shows multiple discrepancies between the states’ requirements for parenthood and international adoption;
  1. Calls upon the Council of Europe’s members to introduce an amendment to the European Convention on Human Rights (ECHR) expanding the right to marry provided by Article 12 explicitly to every citizen; 
  2. Strongly urges Member States to align their legal framework on marriage and adoption to extend these rights to same-sex couples; 
  3. Directs the European Commission to use the gender-neutral word spouse1 in all EU official documents to include every married individual;
  4. Invites Member States to advance the normalisation of rainbow families by ensuring families in all their diversity are represented in educational material; 
  5. Reminds states to respect the European Court of Human Rights (ECtHR) ruling to ensure the right to adopt for same-sex couples in the Member States where this already exists for opposite-sex couples;
  6. Encourages the European Commission to increase funding towards LGBTQIA+ advocacy organisations such as ILGA or Equinet;
  7. Requests the European Commission to withhold EU funds from Member States not complying with EU regulations combatting discrimination against the LGBTQIA+ community;
  8. Demands the Directorate-General for Justice and Consumers (DG JUST) for gathering data and information about violations of LGBTQIA+ civil rights to combat misinformation and discrimination in all Member States. 
  1.  Spouse is a gender-neutral term used in the EU legislation which refers to a person bound to another in marriage, therefore it includes every same-sex spouse in the EU.