HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

adopted in 2004, as a key piece of secondary EU legislation that employs gender neutral language when referring to family members and partners, offering a crucial legal framework for asserting LGBTQ+ rights within the EU. Despite its inclusive language, the Directive sets out different legal regimes for married couples, registered partners, and unregistered partners. This differentiation can create challenges for LGBTQ+ couples, as the rights and recognition they receive can vary significantly depending on the legal status of their relationship and the Member State in which they seek to exercise their rights. 40 For instance, while married couples might be automatically recognized, registered or unregistered partners may face additional legal barriers. In addition to this, the Directive 2006/54/EC 41 , concerning the equal treatment of men and women in employment, explicitly includes protections against discrimination for transgender individuals undergoing gender reassignment, which is worth mentioning, as well as the Victims’ Rights Directive (2012/29/EU) 42 and the Asylum Qualification Directive (2011/95/EU) 43 , both addressing discrimination based on sexual orientation and gender identity within their respective scopes. Finally, the recently adopted Directives 2024/1499 44 and 2024/1500 45 , focusing on the creation of equality bodies, provide institutional safeguards aimed at ensuring equal treatment and expanding access to justice for LGBTQ+ individuals across the EU. 40 BELAVUSAU, Uladzislau. Legislative and Judicial Politics of LGBT Rights in the European Union . In: SSRN Electronic Journal [online]. 2020, p. 7 [cit. 2024-08-10]. Available at: https://papers.ssrn.com/ sol3/papers.cfm?abstract_id=3704924. 41 European Union. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). Official Journal of the European Union [online]. 26 July 2006, L 204 [cit. 2024-10-14] Available at: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=celex%3A32006L0054. 42 European Union. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support, and protection of victims of crime . Official Journal of the European Union [online]. 14 November 2012, L 315 [cit. 2024-10-14]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32012L0029. 43 European Union. Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection . Official Journal of the European Union [online]. 20 December 2011, L 337 [cit. 2024-10 14]. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32011L0095. 44 European Union. Directive 2024/1499 of the European Parliament and of the Council on the establishment of equality bodies for equal treatment. Official Journal of the European Union [online]. 2024, L (pending publication)[cit. 2024-10-14]. Available at: https://eur-lex.europa.eu. 45 European Union. Directive 2024/1500 of the European Parliament and of the Council on strengthening equality bodies’ competence in promoting equal treatment . Official Journal of the European Union [online]. 2024, L (pending publication) [cit. 2024-10-14]. Available at: https://eur-lex.europa.eu.

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