Although non-discrimination and the free movement of persons are fundamental principles of the European Union (EU), discrimination against same-sex partners in many EU member countries presents serious barriers to free movement. In many member countries, lesbian, gay, bisexual and transsexual (LGBT) people experience discrimination in all aspects of their lives, including civil status and social security. The interface of a plethora of civil statuses and benefit entitlement conditions means that same-sex partners exercising their right of free movement under the Treaty of Rome may find their status and entitlements changing as they move between different ‘rights regimes’, to the detriment of their social security coverage. The proposed new EU Directive on equal treatment may not prevent this discrimination although, if the Lisbon Treaty is ratified, the Charter of Fundamental Rights may provide a route and an opportunity to do so.
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