International Journal of Discrimination and the Law, 2007, Vol. 8, pp. 263-293 1358-2291/2007 $10 © 2007 A B Academic Publishers. Printed in Great Britain SEXUAL ORIENTATION DISCRIMINATION IN THE EUROPEAN UNION: THE FRAMEWORK DIRECTIVE AND THE CONTINUING INFLUENCE OF THE EUROPEAN PARLIAMENT MARK WALTERS* ABSTRACT This article examines the effectiveness of sexual orientation discrimination laws prescribed by the European Union. In particular, the article critiques Article 13 of the Treaty Establishing the European Community, and the Framework Direc- tive which was established under the powers conferred by it. It is argued that the Framework Directive is too restrictive in its scope, in terms of the areas of life it covers (i.e. employment only), and that the exceptions to its provisions are unjustly broad. Analysis is also made of recent case law from both the European Court of Justice and the European Court of Human Rights in an attempt to demonstrate the progressive but limited nature of this area of law. As a main theme, the article examines the important role that the European Parliament has had, and continues to have, on the evolution of sexual orientation discrimination law and more broadly, gay and lesbian rights within the European Union. INTRODUCTION On the 18th of January 2006 the European Parliament convened to discuss one issue - homophobia. 1 The problem of homophobia and, in particular, sexual orientation discrimination had yet again come to the fore after various Non Government Organisations reported human rights violations against gay men and lesbians 2 in several European countries (Human Rights Watch 2006). As one Member of the European Parliament explained, the debate was not about homosexuality but 'about homophobia ... [and] an issue about human rights ... ' (Stubb 2006). The debate was followed by the signing of the European Parliament Resolution on Homophobia in Europe (overwhelmingly passed by 468 votes for to 149 against). The Resolution has provided a fresh platform for the discussion of what needs to be done throughout the European Union (EU) to combat sexual orientation discrimination and is the impetus for this article. at University of Sussex Library on June 9, 2015 jdi.sagepub.com Downloaded from