Violence-free Education in Europe
Dr. Frank Pierobon
European Commission, DG EAC
Conference on homophobic and transphobic
school bullying in Europe
Athens, 10-11 June 2014
A coherent and systematic approach: the
European Commission's action to make
LGBT rights effective under EU law
1. Securing systematic compliance of new EU laws
with Art. 21 of the EU Charter of Fundamental Rights
All EU legislation fully complies with Article 21 Charter
of Fundamental Rights of the EU, which explicitly
prohibits discrimination on the ground of sexual
orientation. The Charter applies to acts by the EU
institutions and to Member States when implementing
EU law.
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A coherent and systematic approach: the
European Commission's action to make
LGBT rights effective under EU law
2. Scrupulous enforcement of LGBT rights protected
under EU laws already in force
Employment Equality Directive & Gender Equality
Directives (2000/78/EC) prohibits discrimination on
ground of sexual orientation in employment. It has
raised the protection against discrimination in
employment in all member states. The Commission
ensures its correct transposition and application.
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 The Employment Equality Directive has raised the
level of protection for LGBT people in all countries
of the EU.
 The Commission opened a number of infringements against member states which did not have
a specific reference to sexual orientation in their
anti-discrimination laws. These procedures have
successfully led to a situation where all EU
countries have now correctly transposed this
directive.
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 The Court of Justice of the EU has made clear (Maruko
and Römer judgements) that, where same-sex civil
partnerships are recognised and globally given the
same rights as married couples, these partnerships
must be treated equally also in terms of employment
rights and occupational social security.
 The Court of Justice of the EU has also indicated (P v
S and Cornwall County Council judgement) that the
principle of non-discrimination on grounds of sex in
employment and social security matters, applies
equally to discrimination against transsexual people
on grounds of their gender reassignment.
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Where the breakthrough is needed:
Adoption of the Commission’s proposal
for a horizontal Equal Treatment
Directive (through co-decision)
 In 2008, the Commission had proposed a Directive to
extend the protection from discrimination on grounds of
sexual orientation (as well as on grounds of religion or
belief, disability and age) beyond the labour market. Direct
and indirect discrimination as well as harassment of LGBT
people would be prohibited in access to goods and services,
housing, education, social protection and healthcare. The
degree of protection against gender and race
discriminations would be extended to the other grounds
(including LGBT).

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The Equal Treatment Directive
 Co-decision: Negotiations have been ongoing in the Council
for five years now. While the majority of delegations
support the proposal, a few delegations still reject the
proposal due to different reasons (concerns about the legal
basis, subsidiarity, etc.).
 The instrument requires unanimity for its adoption, which
means that all Member States need to agree on the text.
The European Parliament, which has to give its assent,
broadly supported the proposal in 2009 and repeatedly
encouraged the Council to find a compromise.
 The Commission will continue to lend support to this
Directive and work with each Presidency to make progress
on the text.
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Policy support and systematic mainstreaming of
the non-discrimination principle in all EU policies
 The European Commission supports actions across Europe
to promote diversity and equality through awareness
raising campaigns through PROGRESS programme. The
Commission also supports financially NGOs and their work
to promote equal rights for LGBT people in Europe.
 The Commission works closely with Member States to also
support their combat against discrimination of LGBT people
at national level. This includes financial assistance,
publications as well as regular good practice exchange
seminars on public policies combating discrimination on the
grounds of sexual orientation and gender identity.
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Policy support and systematic mainstreaming of the
non-discrimination principle in all EU policies
 Data-collection: The Commission has published in November
2012 a Eurobarometer report on perceived discrimination
including the grounds of sexual orientation and gender
identity. It has asked the Fundamental Rights Agency (FRA) to
collect data on discrimination, hate speech, crime and violence
directed against LGBT people in the EU (including Croatia).
 During the last ten years, the Commission has provided
funding to national authorities from all EU Member States,
Croatia, Norway, Iceland and Serbia. In the last two years the
Commission has funded 40 projects (from from 80,000 to
250,000 EUR) promoting equality issues for all discrimination
grounds or dealing specifically with LGBT people.
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Report on the EU Roadmap against homophobia and
discrimination on grounds of sexual orientation and
gender identity (2013/2183(INI))
Ulrike Lunacek, Committee on Civil Liberties, Justice and
Home Affairs (7.1.2014)
 1. Strongly condemns any discrimination on the basis of
sexual orientation and gender identity, and strongly regrets
that the fundamental rights of lesbian, gay, bisexual,
transgender and intersex (LGBTI) people are not yet always
fully upheld in the European Union;
 2. Believes that the European Union currently lacks a
comprehensive policy to protect the fundamental rights of
LGBTI people;
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Report on the EU Roadmap against homophobia and
discrimination on grounds of sexual orientation and
gender identity (2013/2183(INI))
Ulrike Lunacek, Committee on Civil Liberties, Justice and
Home Affairs (7.1.2014)
 3. Acknowledges that the responsibility to protect
fundamental rights lies jointly with the European
Commission and Member States; calls on the Commission
to use its competences to the fullest extent, including
facilitating the exchange of good practices among Member
States; calls on Member States to fulfil their obligations
under EU law and under the Council of Europe
Recommendation on measures to combat discrimination on
grounds of sexual orientation or gender identity;
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(Report Ulrike Lunacek)
 Non-discrimination in education
 (i) The Commission should promote equality and nondiscrimination on grounds of sexual orientation and gender
identity throughout its youth and education programmes,
 (ii) The Commission should facilitate the sharing of good
practice in formal education, including teaching materials,
anti-bullying and anti-discrimination policies, among
Member States through the open method of coordination,
 (iii) The Commission should facilitate the sharing of good
practice throughout Member States' youth and education
sectors, including youth welfare services and social work,
among Member States through the open method of
coordination…
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Europe 2020
Europe 2020 is the European Union’s ten-year
growth and jobs strategy that was launched in
2010. It is about more than just overcoming
the crisis from which our economies are now
gradually recovering. It is also about
addressing the shortcomings of our growth
model and creating the conditions for a smart,
sustainable and inclusive growth.
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 Five headline targets have been set for the EU to achieve
by the end of 2020. These cover employment; research and
development; climate/energy; education; social inclusion
and poverty reduction.





1. Employment 75% of the 20-64 year-olds to be employed
2. At least 3% of the EU's GDP to be invested in R&D
3. Climate change and energy sustainability greenhouse gas
emissions at least 20% lower than 1990
4. Reducing the rates of early school leaving below 10%; at
least 40% of 30-34–year-olds completing third level education
5. Fighting poverty and social exclusion at least 20 million fewer
people in or at risk of poverty and social exclusion
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Smart growth
 Digital agenda for Europe
 Innovation Union
 Youth on the move
Sustainable growth
 Resource efficient Europe
 An industrial policy for the
globalisation era
An agenda for new skills and jobs
 European platform against poverty
 Other EU levers such as the European
single market, the EU budget and the EU
external agenda also contribute to the
achievement of the goals of the Europe 2020
strategy.
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Seven flagship initiatives
(framework through which
the EU and national
authorities mutually
reinforce their efforts in
areas supporting the
Europe 2020 priorities such
as innovation, the digital
economy, employment,
youth, industrial policy,
poverty, and resource
efficiency).
The strategic framework for European
cooperation in education and training
(ET 2020)
Four main objectives for all the levels of
education and training :
(1) ensuring lifelong learning and mobility,
(2) improving quality and efficiency,
(3) promoting equity, social cohesion and active
citizenship,
(4) enhancing creativity and innovation
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Existing
programmes  2013
Lifelong
Learning
Programme
Grundtvig
A single integrated programme
2014-2020
International
higher education
programmes:
Erasmus Mundus,
Tempus,
Alfa, Edulink,
Bilateral
Programmes
Erasmus for All
Erasmus
Learning
Mobility
Leonardo
Comenius
Youth in
Action
Programme
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Co-operation
Projects
Policy
Support
The EU Charter of Human Rights
Art. 14 – Right to Education
 1. Everyone has the right to education and to have access
to vocational and continuing training.
2. This right includes the possibility to receive free
compulsory education.
3. The freedom to found educational establishments with
due respect for democratic principles and the right of
parents to ensure the education and teaching of their
children in conformity with their religious, philosophical and
pedagogical convictions shall be respected, in accordance
with the national laws governing the exercise of such
freedom and right.
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The Rights of the Child
 The protection and promotion of the rights of the child is
one of the objectives of the European Union. All relevant
policies and actions must be designed, implemented and
monitored in line with the best interests of the child. (1/5 of
the EU population)
 A child is any human being below the age of 18 (UNCRC)..
Children's rights form part of the human rights that the EU
and EU countries must respect.
 The Treaty of Lisbon introduced the promotion of children's
rights. The Charter of Fundamental Rights of the EU
guarantees the protection of children's rights by EU
institutions, as well as by EU countries when they
implement EU law.
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Violence in School is a Human Rights concern
 Children are especially susceptible to violence in schools
(the fact that it comes from other children does not change
anything).
 Children are especially susceptible to violence in schools,
both as victims and perpetrators. School systems are
responsible, not children. As vulnerable members of the
society, children must be protected. It is a matter of
Human Dignity (Art. 1 EU HR Charter), of the right to a
quality education (Art 14. EU HR Charter) and of the Rights
of the Child (UNRC).
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Violence in School destroys Education
 When unchecked, violence in school severely hampers the
quality of education. It is not only a matter of Human
Rights, but it is at the core of the heightened performance
and delivery of EU E&T national systems as sought by
ET2020/Europe2020 policies.
 Bullying, harassment and violence in school may target
open or alleged sexual orientation as well as any other form
of stigmatization (race, disability, poverty, religious
conviction, etc.).
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Violence thrives on stereotypes
 The us against them dogma is a constant feature of
humankind, at its worst (stigmatization, violence, hatecrimes, extermination)
 Education, in a very broad sense, is a civilizing process, but
it works only when it is not on automatic pilot, i.e. when its
role in the democratic operation of society is constantly
upheld.
 Learning to live together in a democratic society means
that no one gets marginalized. It is about learning not to be
afraid of others’ peculiarities.
 Learning… is what education makes possible, when it works
well.
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Thank you for
your attention
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