ABSTRACT

The European Community has a well-established competency to combat sexual discrimination. (Since the 1993 Treaty on European Union, it has become more common to refer to the former European Community as the European Union. However, social policy still operates under the aegis of the European Community Treaty, and for this reason the term European Community has been used throughout this chapter.) The commitment of the Community to advancing sexual equality is enshrined in the EC Treaty, by virtue of Article 119, which provides for equal pay between men and women. This is complemented by the Equal Treatment Directive (76/207/EEC, OJ 1976 L 39/40), which forbids sexual discrimination in employment. However, the role of the European Community vis-a-vis other types of discrimination is much less certain. This chapter will examine the case of sexual-orientation discrimination. It aims to provide a critical overview of the European Community's response to sexualorientation discrimination and will outline the key stages in the evolution of the policy. It will then turn to consider the potential for future progress.