Protection of Sexual Minorities in the European Union

Does EU law have the potential to strengthen their legal position?

Abstract

Sexual minorities across the European Union continue to face widespread stigmatization, condemnation, hatred, and discrimination. While the primary responsibility for ensuring adequate legal protection of sexual minorities rests with the individual Member States, the level and nature of such protection often reflect prevailing societal stereotypes and prejudices in those jurisdictions. In this context, the aim of the article is to explore the potential for legal protection of sexual minorities within the legal framework of the European Union, where principles such as equality and non-discrimination constitute fundamental values. The analysis focuses in particular on the interpretation and application of relevant provisions of the Charter of Fundamental Rights of the European Union, as well as on the case law of the Court of Justice of the European Union and the European Court of Human Rights, both of which demonstrate significant potential in reinforcing the legal protection of sexual minorities in the EU legal order.