European Law Against Discrimination on Grounds of Sexual Orientation

Since 1981, a large body of European case law and legislation has developed which prohibits many forms of discrimination against lesbian, gay and bisexual (LGB) individuals, and same-sex couples. This chapter will examine developments in this area, starting with protection for LGB individuals, and then turning to the more sensitive (because of the effects on national family law) question of protection for same-sex couples. Within each of these two categories, developments under the European Convention on Human Rights (ECHR, applying to the 47 Member States of the Council of Europe) will be considered first, followed by developments under European Union law (applying to the 28 EU Member States)