■ Polish minister of education Roman Giertych: introducing homophobic legislation for Polish schools.

BRUSSELS, April 12, 2007  –  The European arm of the International Lesbian and Gay Association expressed “disappointment” at the Civil Liberties, Justice and Home Affairs (LIBE) Committee of the European Parliament following a discussion yesterday (April 11) on homophobia in Poland .

The committee was split on the way forward to a request by two Dutch MEPs, Kathalijne Buitenweg (Greens) and Sophie in ´t Veld (ALDE), to discuss the worsening situation in Poland following the recent pronouncements by the country’s minister of education to restrict lesbian, gay, bisexual and transgender (LGBT) people’s entitlement to employment in schools and other education institutions.

It had been hoped that members would have taken a robust stance and initiate procedures provided by the EU Treaty against those member states which do not comply with the Union’s principles.

Some committee members from Poland defended thesis of so-called “homosexual propaganda” and its “detrimental effect on minors” and undermined the importance of the debate on proposed legislation to limit LGBT people’s entitlement to equality in employment.

The committee adopted a softer approach, asking for a Fundamental Rights Agency study on homophobia in Europe.

At the same time the majority of political groups at the European Parliament agreed to ask the Commission and Council for a statement on homophobia in Europe and Poland during the plenary debates later this month.

“We are disappointed by the lack of consensus in the LIBE Committee on condemning hate speech,” commented Dr Christine Loudes, policy director of ILGA-Europe.

“Suggestions by the Polish minister of education to discriminate LGBT people in employment is not an isolated case of homophobia.  Already for a couple of years we regularly receive information on homophobia and incitement to hatred against LGBT people which are occurring in Europe.  

“Just months ago the European Parliament adopted two resolutions strongly condemning homophobia,” she pointed out.

“LIBE Committee’s soft approach and the lack of reaction from Commission and Council  [of Ministers] are sending a signal that homophobic speech and acts are acceptable in the EU.

“It highlights the current lack of protection of fundamental rights the EU,” Dr. Loudes insisted.

“We also need to stress that this is not an attack on Poland and Polish people, but rather an attempt to eradicate homophobia as one of expression of hate and prejudice which manifests itself too often,” she concluded.

■ Yesterday's discussion came as a damning report, Situation of Bisexual and Homosexual Persons in Poland. 2005 and 2006, was published in Warsaw by Campaign Against Homophobia and Lambda Warsaw.  The report is expected to be published in English during the week commencing April 16.

THE LETTER TO THE COMMITTEE FROM TWO MEPs

Dear colleagues,

Hereby we would like to request you to debate and decide on the following topic at the LIBE meeting, on Monday 19 February. It concerns a request for a study into proposed legislation in Poland and its compatibility with the Directive for equal treatment on the labour market and the right of freedom of speech.

Currently, Poland is debating a bill that would make all material dealing with homosexuality, including educational information, illegal as way of protecting school children from “homosexual propaganda”.

The proposed legislation would mean teachers who mention same-sex relationships in classrooms could be fired immediately and forced to pay a fine. Health educators who advocate safe sex among homosexuals would also be prohibited from entering schools. It might even mean that teachers who do not hide their sexual orientation will be punishable or fired. And the freedom of speech of both teachers and pupils/students will be at stake when they are not allowed to talk freely about different sexualities.

Directive 2000/78/EC established a general framework for equal treatment in employment and occupation. It aims to fight discrimination on the labour market on the basis of sexual orientation, age, handicap or religion.

The bill that Roman Giertych, the Polish minister of education, is preparing would lead to discrimination of homosexual teachers. Not pretending to be heterosexual might already be equated to “homosexual propaganda”.

We want to know if the proposed legislation would be in contradiction to European Union anti-discrimination regulations. We also would like to know if the legislation effectively curbs the freedom of speech. Therefore we request a study into this matter.

The outcome of this study should be debated within the LIBE committee.

Yours sincerely,

Kathalijne Buitenweg (V/ALE)
Sophie in ´t Veld (ALDE)

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Posted: 12 April 2007 at 19:00 (UK time)