Violence-free Education in Europe Dr Frank Pierobon European

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. 2

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. 3

§ 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. 4

§ 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. 5

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). § 6

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. 7

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. 8

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 Serbia. In the last two years the Commission has funded 40 projects (from 80, 000 to 250, 000 EUR) promoting equality issues for all discrimination grounds or dealing specifically with LGBT people. 9

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; 10

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; 11

(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… 12

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. 13

§ 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 14

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. 15 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 16

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 Leonardo Comenius Learning Mobility Youth in Action Programme 17 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. 18

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. 19

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). 20

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 ET 2020/Europe 2020 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. ). 21

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. 22

Thank you for your attention 23