Vol. 513 No. 1
183 Mr. Gormley asked the Minister for Foreign Affairs if he has received correspondence from an organisation (details supplied) in relation to article 14 of the Human Rights Convention; and his views on whether the article should be changed to include sexual orientation. [1420/00]
The Council of Europe committee of experts for the development of human rights has been engaged since March 1998 in drafting a new Protocol 12 to the European Convention on Human Rights providing for additional guarantees in the field of equality and non-discrimination to those recognised in Article 14 of the convention.
The question of the inclusion of sexual orientation along with other prohibitions covered by Article 14 was considered by the committee, which concluded that it would be preferable not to add to the list and to leave unspecified grounds of discrimination such as sexual orientation to be dealt with under the existing catch-all phrase of other status. This decision was not taken because of a lack of awareness that such grounds have become particularly important in today's societies as compared to the time of drafting Article 14 of the convention, but because such additions were considered unnecessary from a legal point of view since the list of non-discrimination grounds in Article 14 is not exhaustive. In addition, it was felt that the existing catch-all clause gave a greater degree of protection to those at risk of discrimination than would a specific reference in the new protocol. This view was based on the fact that member states would not be obliged to become party to the additional protocol and consequently, not being party to the protocol, could claim that they were not obliged to respect sexual orientation as a prohibited grounds for discrimination. Presently all member states are bound by the terms of Article 14 and are therefore obliged by its catch-all clause to accord due respect to sexual orientation.
The Department of Foreign Affairs has received representations on this issue from the National Lesbian and Gay Federation, as well as a number of my parliamentary colleagues, in which Ireland's support for the inclusion of sexual orientation within the draft protocol has been requested. In October 1999, I instructed our representative on the committee of experts to work to ensure that the broadened terms of Article 14 include sexual orientation.
As I understand it, a final draft text incorporating the views of the European Court of Human Rights and the Parliamentary Assembly of the Council of Europe is due to be released by the committee in the coming months. It will then move to the committee of Minister of the Council for their approval.
