EU Directive on Free Movement and Same-Sex Families

Thursday, 29 April, 2004

This paper discusses the importance of the EU Directive on Free Movement (Directive 2004/58/EC) within the context of same-sex families in the European Union. The paper conveys key points of the document and pays particular attention to Articles 2 and 3 of the Directive, which identify family members to whom the Directive may be applied. Also, the paper provides a set of guidelines for the implementation of the Directive, emphasizing the requirement of non-discrimination and making references to several court cases that improve LGBT rights and challenge the meanings of words such as “spouse” and “partnership.” Finally, the paper addresses issues that may concern married, registered, and unmarried same-sex couples, as well as transgender individuals and their children and families, and makes a number of suggestions to ensure that national legislation complies with the Directive.

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