The prohibition of discrimination, and the protection of human rights are important elements of the
EU legal order. Nevertheless, discrimination against lesbian, gay, bisexual, transgender and intersex
(LGBTI) persons persists throughout the EU, taking various forms including verbal abuse and
physical violence.
Sexual orientation is now recognised in EU law as grounds of discrimination. However, the scope of
the provisions dealing with this issue is limited and does not cover social protection, healthcare,
education and access to goods and services, leaving LGBTI people particularly vulnerable in these
areas.
Moreover, EU competence does not extend to recognition of marital or family status. In this area,
national regulations vary, with some Member States offering same-sex couples the right to marry,
others allowing alternative forms of registration, and yet others not providing any legal status for
same-sex couples. Same-sex couples may or may not have the right to adopt children and to access
assisted reproduction. These divergent legal statuses have implications, for instance, for partners
from two Member States with different standards who want to formalise/legalise their relationship,
or for same-sex couples and their families wishing to move to another Member State.
Combating discrimination has become part of EU internal and external policies, and the subject of
numerous resolutions of the European Parliament. However, action in this area remains problematic
when it touches on issues pertaining to areas traditionally reserved to Member States, such as
marital status and family law.