HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

5. Other Institutional Instruments The Treaty of Lisbon has changed the safeguarding of fundamental rights by providing a mechanism aimed at protecting human rights in the EU, e.g., since then the CJEU could rely on the Charter as well as the constitutional traditions in the Member States. 68; 69 Another positive impact of the Charter is that all EU institutions and bodies are required to adhere to EU fundamental rights and ensure their effective implementation in all activities, with all acts adopted by them complying with fundamental rights protection requirements. 70; 71 Since the Treaty of Lisbon came into force, the EU has taken numerous steps to improve the status of LGBTQ+ individuals by promoting and protecting their rights. This can be illustrated by the example of the first-ever EU Commissioner for Equality, Helena Dalli, who was appointed in 2019. The main responsibilities of the Commissioner are to strengthen the EU’s position in combating discrimination concerning grounds of sexual orientation and to contribute to the promotion of equality and inclusion. 72 Under Dalli’s leadership, the Commission adopted the first LGBTIQ Equality Strategy 2020–2025 , with its main goal being to ensure safety, combat discrimination based on SOGI, integrate LGBTQ+ friendly policies in the Member States, and lead the call for LGBTQ+ equality around the world. 73 In 2023 the Progress Report on the Implementation of the Strategy was issued, informing on the progress made so far and what remains to be done. 74 When discussing independent bodies within the EU that help ensure and enhance the protection of LGBTQ+ rights, it is worth mentioning the important Burden_of_Proof_Remedies_and_Sanctions_in_Discrimination_Cases?_sg=yAC5VPZsAEX6k cPArOy7yMDoSKgAhpYGnYPvL_4p5ijggYYK0PfXHoBvaMmhPNJkrcNzD5cMBGMsAkM&_ tp=eyJjb250ZXh0Ijp7ImZpcnN0UGFnZSI6InB1YmxpY2F0aW9uIiwicGFnZSI6Il9kaXJlY3QifX0. 68 This principle is established in Article 6(3) of the TEU, which states that the EU must respect fundamental rights as guaranteed by the European Convention on Human Rights and as derived from the constitutional traditions common to the Member States. 69 NAKANISHI, Yumiko. Contemporary Issues in Human Rights Law in Europe and Asia . In: Springer [online]. 2018, p. 5 [cit. 2024-02-20]. Available at: https://doi.org/10.1007/978-981-10-6129-5. 70 The obligation for all EU institutions and bodies to adhere to fundamental rights and to ensure their effective implementation can be found in several key documents, particularly in the TEU, e.g., Articles 7 and 13, or in the Charter, e.g., Article 51 (1), or in the TFEU, in Article 263. 71 European e-justice Portal. Last Update: 30. 10. 2020 [online]. [cit. 2024-02-18]. Available at: https://e justice.europa.eu/home?action=home. 72 European Commission. [online]. [cit. 2024-02-18]. Available at: https://commission.europa.eu/index_en 73 DE GROOT, David. The rights of LGBTI people in the European Union [online]. 2022 [cit. 2024 02-18]. Available from: https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/729426/EPRS_ BRI(2022)729426_EN.pdf. 74 European Commission. Progress report on the implementation of the LGBTIQ Equality Strategy 2020‑2025 [online]. 2023, ISBN 978-92-68-01648-0 [cit. 2024-02-18]. Available at: https://commission. europa.eu/document/download/98551259-7873-4d91-940c-323e4cd7d390_en?filename=JUST_ LGBTIQ%20Strategy_Progress%20Report_FINAL_WEB.pdf.

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