HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

Within this economic framework, human rights were not afforded comprehensive protection. Over time, however, the principle of equality and the prohibition of discrimination, which are central to EU law and particularly significant for the protection of LGBTQ+ individuals, have evolved since the inception of the EU. These principles are not only core EU policies but are also regarded as fundamental to European law itself. As a result, the EU’s involvement in human rights protection has gradually developed over more than fifty years, transforming the Union from a limited economic community into a robust political entity where safeguarding human rights, including LGBTQ+ rights, is a primary concern. It is frequently argued that the primary objective of the EU is to establish a framework for peace and stability, from which additional functions have progressively developed, with a particular emphasis on the protection of fundamental human rights. 7 Over time, the concept of the EU as a community of values 8 has evolved, distinguishing it from other entities. The theory behind this thoughtful process has been studied by numerous experts over the past few years, which has led to a thriving branch of scholarship. 9, 10 It is worth noting that one of the most significant and renowned theories is commonly referred to as “the Othering” . That process can be summarized in analyzing “how the EU identity is constructed through its relationality with the rest of the world (the Other).” 11 What is key for this paper is that this process has undoubtedly led to the emergence of LGBTQ+ rights as an identity marker for the EU. Using the LGBTQ+ friendly agenda as a form of distinction from the Others, meaning other states/entities that are not the Member States of the EU, has mainly its origin in the process of enlargement in 2004. 12 While the process of “the Othering” can be criticized from different points of view, there is one that stands out. Before 7 KRISTOFFERSSON, Mattias. LGBT Rights in the EU Accession Process . In: Lund University Publications. [online] 2013, p. 3 [cit. 2024-02-10]. Available at: https://core.ac.uk/download/pdf/289953531.pdf. 8 European Union. Treaty on European Union. Official Journal of the European Union. C 326 [online]. 2012, pp. 13–46 [cit. 2024-02-18]. Available at: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=CELEX:12012M/TXT. 9 For more info, see: VASILEV, George. LGBT recognition in EU accession states: How identification with Europe enhances the transformative power of discourse. In: Review of International Studies [online]. 2016. [cit. 2024-02-09]. Available at: https://www.jstor.org/stable/26618709. 10 For more info, see: SLOOTMAECKERS, Koen. TOUQUET, Helen. VERMEERSCH, Peter. Introduction: EU Enlargement and LGBT RIGHTS – Beyond Symbolism? [online] 2016 [cit. 2024-02-09].Available at: https://www.researchgate.net/publication/289129246_Introduction_EU_ Enlargement_and_LGBT_Rights_Beyond_Symbolism. For. 11 SLOOTMAECKERS, Koen. Constructing European Union Identity through LGBT Equality Promotion: Crises and Shifting Othering Processes in the European Union Enlargement. In: Political Studies Review . [online] 2020, p. 347 [cit. 2024-02-09]. Available at: https://journals.sagepub.com/ doi/10.1177/1478929919877624. 12 Ibid.

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