欧盟-关于LGBTI（同性恋、双性恋、跨性别、双性别）平等的研究（英文）-2020.5-49页_907kb

Summary of the Mapping of Studies on the Difficulties for LGBTI People in Cross-Border Situations in the EU

Core Content

This report maps existing studies and research on the challenges faced by LGBTI individuals and their families in cross-border situations within the European Union. It highlights the legal and social barriers that arise due to differences in national legislation and administrative practices across EU Member States. The report is part of the European Commission's broader effort to advance LGBTI equality, and it provides an overview of the findings, identifies knowledge gaps, and offers recommendations for further research.

Main Findings

Legal Recognition and Free Movement

• Legal recognition of same-sex relationships varies significantly across EU Member States. Some countries recognize same-sex marriage, while others only allow registered partnerships or none at all.
• Free movement rights under the EU Free Movement Directive (2004/38/EC) are generally available to all Union citizens, but LGBTI individuals may face obstacles due to lack of mutual recognition of their relationships, especially in countries that do not legally recognize same-sex unions.
• The CJEU Coman judgment (2015) affirmed that the term "spouse" in Directive 2004/38/EC is gender-neutral, but implementation remains inconsistent across Member States.

Key Areas of Difficulty

• Marriage/Partnership Recognition: Legal recognition of same-sex marriages and partnerships in one Member State is not always accepted in another. This can lead to complicated administrative procedures, refusal of family reunification, and limited access to rights and benefits.
• Children's Rights and Parental Responsibility: Rainbow families (same-sex couples with children) may encounter difficulties in having their parental rights recognized in Member States that do not provide legal recognition for same-sex relationships.
• Reproductive Rights and ART/IVF: There is limited information on the cross-border implications of reproductive technologies and surrogacy. However, some studies highlight the barriers faced by couples in accessing these services in other countries.
• Transgender and Intersex Persons: There is insufficient research on how transgender and intersex individuals are treated in cross-border situations, especially regarding legal gender recognition and healthcare access.
• Asylum and Migration: LGBTI individuals may face discrimination during asylum procedures or when seeking to reunite with family members in another Member State. Some Member States have more inclusive policies than others.

Existing Research and Gaps

• Substantial research exists on marriage and partnership recognition, parental rights, and free movement.
• Few comprehensive sources address property, succession, taxation, inheritance, employment benefits, and pensions in the context of cross-border situations for LGBTI individuals.
• There is a lack of comparative data on administrative and judicial practices across all Member States regarding legal recognition of same-sex relationships, birth certificates, and parental rights.

Key Information

• 14 Member States recognize same-sex marriage.
• 8 Member States recognize registered partnerships.
• 6 Member States provide no legal recognition for same-sex couples.
• The CJEU Coman judgment is a landmark in recognizing the gender-neutral nature of "spouse" in EU law.
• Grey literature, open-access publications, and interdisciplinary research were used to gather data.
• Sociological and legal perspectives are combined to provide a more holistic view of the issues.
• Cross-border reproductive care and ART/IVF access are under-researched but increasingly relevant.
• Non-binary and gender-neutral options in legal documents are present in Portugal, Germany, Austria, and Malta.

Recommendations for Further Research

• Conduct comparative studies on administrative and judicial practices in all Member States regarding the recognition of same-sex relationships, birth certificates, and parental rights.
• Explore the implementation of EU directives in relation to LGBTI rights, especially in areas such as property, succession, taxation, and pensions.
• Investigate the impact of legal recognition on actual rights and benefits derived from such recognition.
• Expand research on transgender and intersex individuals in cross-border contexts, particularly in healthcare access and legal gender recognition.
• Analyse the role of national courts in interpreting EU law in relation to LGBTI rights, especially in the context of free movement and family life.
• Promote greater data sharing and standardization of procedures across Member States to improve cross-border mobility and legal certainty for LGBTI individuals and families.

Conclusion

The report highlights the legal and social disparities faced by LGBTI individuals in cross-border situations within the EU. While progress has been made in certain areas, implementation gaps and lack of comprehensive data remain significant challenges. Further research is needed to ensure equal treatment and legal protection for all LGBTI individuals and their families, especially in the context of free movement and family rights.