HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

cause 3 ; others point out the lack of enforcement of them 4 or the limited competences of the EU in the field of, e.g., family law and education. 5 The aim of this article is to provide the reader with information on the forms of institutional protection for LGBTQ+ individuals, both from the perspective of the EU itself, which has in the past couple of years set out to combat homophobia, and from the perspective of the individual seeking protection of their own rights. The subsequent question revolves around the effectiveness of individual internal mechanisms and their potential. Lastly, within this article there is an effort to capture the overall approach of the EU not only to these mechanisms but to the complexity of LGBTQ+ issues in Europe. The article proceeds as follows: First, it provides information about the legal framework regulating equality and the right to equal treatment in the most general sense. This description of individual provisions is then specified for LGBTQ+ rights, firstly focusing on primary law, then on secondary law. The following section provides a comprehensive examination of various forms of protection, beginning with an exploration of judicial instruments with particular attention to the critical role of access to justice, followed by an analysis of institutional mechanisms. 1. Integration of LGBTQ+ Rights in the Contemporary EU’s Agenda In this section of the article, a brief examination is undertaken to explore how the LGBTQ+ rights issue fits into the EU’s agenda and their relevance in the context of a wider protection of human rights. Devoting a part of the work to this topic is necessary, as the way the EU perceives the status of LGBTQ+ people directly influences the approach to solving the relevant issues, which is expressed in the range of internal mechanisms providing protection of those individuals. The EU’s foundations are often recognized as rooted in the pursuit of peace; however, it is important to note that the initial formation of the European Communities was predominantly focused on economic cooperation among sovereign states. 6 Enlargement and Gay Politics. In: Palgrave Macmillan London [online]. 2016, P. 99 [cit. 2024-07-25]. Available at: https://link.springer.com/book/10.1057/978-1-137-48093-4. 3 SANCHEZ-COLOMER, Lucia Zurro. IS THE EU DOING ENOUGH TO PROTECT LGBTI FUNDAMENTAL RIGHTS ? Eyes on Europe [online]. 2020 [cit. 2024-02-08]. Available at https:// www.eyes-on-europe.eu/is-the-eu-doing-enough-to-protect-lgbti-fundamental-rights/. 4 ARMBRECHT, Donald. 10 Ways To Improve LGBT Rights In Europe. Vocal Europe [online]. 2018 [cit. 2024-02-08]. Available at: https://www.vocaleurope.eu/10-ways-to-improve-lgbt-rights-in-europe-2/. 5 ZIEGLER, Andreas R. The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity. In T. Giegerich (Ed.), The European Union as Protector and Promoter of Equality (pp.283-296). Springer Nature Switzerland AG [online]. 2020, p. 283 [cit. 2024-07-25]. Available at: https://link.springer.com/book/10.1007/978-3-030-43764-0. 6 PAPADOPOULOU, Lina. Sexual Orientation and Gender Identity Law in the European Union and Its Court of Justice. In: Oxford Handbook of European Union Law [online]. 2024, p. 2 [cit. 2024-08-10]. Available at: https://www.researchgate.net/publication/377795110_Sexual_Orientation_and_Gender_ Identity_Law_in_the_European_Union_and_Its_Court_of_Justice..

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