下面是小编为大家整理的对于LGBTI（同性恋、双性恋、跨性别、双性别）平等研究（完整文档）,供大家参考。
Contents
1. INTRODUCTION
.................................................................................................. 3 2. METHODOLOGY
.................................................................................................. 4 3. SUMMARIES OF IDENTIFIED STUDIES
.................................................................... 6 3.1. Multiple Fields
........................................................................................... 6 3.2. Marriage/Partnership Recognition
............................................................... 13 3.3. Property and Succession
........................................................................... 16 3.4. Adoption
................................................................................................. 17 3.5. ART/IVF and Surrogacy
............................................................................. 18 3.6. Transgender and Intersex Persons
.............................................................. 18 3.7. Asylum
................................................................................................... 23 3.8. Theoretical Perspectives on Policy Changes Concerning LGBTI ......................... 24 4. ANALYSIS: OVERVIEW OF STUDIES’ FINDINGS
.............................................................................. 29 4.1. Marriage/Partnership Recognition
............................................................... 31 4.2. Property and Succession
........................................................................... 34 4.3. Adoption
................................................................................................. 35 4.4. ART/IVF and Surrogacy
............................................................................. 36 4.5. Transgender and Intersex Persons
.............................................................. 39 4.6. Asylum
................................................................................................... 40 4.7. Other Findings
......................................................................................... 41 5. RECOMMENDATIONS FOR FURTHER RESEARCH
..................................................... 43
1.
I NTRODUCTION
LGBTI
persons
are
among
the
groups
most
exposed
to
discrimination
in
the
European Union.
To
address
this
problem,
the
European
Commission
published
in
December
2015 the
List
of
Actions
to
Advance
LGBTI
Equality,
of
which
this
mapping
study
is
a
part. 1
The study
aims
to
identify
research
and
studies
of
the
difficulties
that
LGBTI
individuals
and their
families
encounter
in
their
daily
lives
in
cross-border
situations
and
free
movement in
the
EU.
Currently,
14
EU
Member
States
provide
marriage
for
same-sex
couples
(Austria, Belgium,
Denmark,
Finland,
France,
Germany,
Ireland,
Luxembourg,
Malta,
the Netherlands,
Portugal,
Spain,
Sweden
and
the
United
Kingdom).
In
another
8
Member States,
same-sex
couples
can
enter
a
registered
partnership
(Croatia,
Cyprus,
the
Czech Republic,
Estonia,
Greece,
Hungary,
Italy
and
Slovenia).
At
present,
6
Member
States provide
no
legal
recognition
for
same-sex
couples
(Bulgaria,
Latvia,
Lithuania,
Poland, Romania
and
Slovakia).
Member
States
also
have
different
procedures
for
transgender and
intersex
people
to
get
their
preferred
gender
legally
recognised.
Due
to
the
differences
between
EU
Member
States
in
legal
recognition
for
same-sex couples,
LGBTI
individuals
and
their
families
may
encounter
difficulties
when
travelling, moving
to
or
residing
in
other
EU
Member
States
that
different-sex
couples
do
not experience.
They
may
encounter
difficulties
in
such
areas
as
recognition
of
their relationship,
divorce
and
separation,
immigration,
children’s
rights,
parental responsibility,
reproductive
rights,
employment
benefits
and
pension,
property
regimes, taxation,
inheritance,
recognition
and
enforcement
of
rights
and
obligations,
and
possibly other
areas.
The
report
maps
existing
studies
and
research
that
have
been
conducted
so
far
by researchers
and
scholars
working
in
this
field
in
the
European
Union.
As
presented
below, substantive
research
and
analysis
exists
primarily
in
the
field
of
recognition
of
marital and
partnership
status
obtained
in
one
EU
Member
State
after
moving
to
another
EU Member
State.
This
is
because
recognition
of
relationships
was
subject
to
discussions
for many
years
culminating
with
the
judgment
of
the
Court
of
Justice
of
the
European
Union (CJEU)
in
the
case
Coman
and
Others
v.
Romania.
Some
literature
exists
in
the
fields
of
cross-border
situations
stemming
from
ART/IVF procedures,
adoption
and
surrogacy,
as
well
as
on
issues
related
to
asylum.
Very
few comprehensive
sources
that
address
a
cross-border
element
exist
in
the
fields
of property,
succession,
taxation,
inheritance,
employment
benefits
and
pensions.
One
of the
possible
reasons
is
that
the
treatment
of
LGBTI
persons
in
these
fields
depends
on whether
or
not
their
legal
status
of
being
a
spouse
or
a
registered
partner
is
recognised. However,
in
this
context,
an
area
that
needs
to
be
further
explored
is
whether recognition
of
status
also
secures
the
rights
deriving
from
this
status.
There
is
also
a
lack of
comprehensive
and
comparable
information
from
all
EU
Member
States
on
their respective
administrative
and
judicial
practices
in
the
fields
of
recognition
of
marital
or partnership
status,
recognition
of
birth
certificates,
and
documents
recognizing
parental rights
to
LGBTI
couples
obtained
by
either
law,
administrative
decision
or
court
decision. Hence,
the
implementation
issues
would
be
worthwhile
exploring
in
the
future,
especially since
the
CJEU
pointed
out
in
the
Coman
judgment
that
the
term
“spouse”,
within
the meaning
of
the
directive
2004/38,
was
gender-neutral.
There
is
a
lack
of
studies
concerning
transgender
people
in
cross-border
situations
in
the sense
of
how
the
legal
gender
reassignment/recognition
has
been
received
and
treated by
the
authorities
in
other
Member
States.
The
situation
of
intersex
persons
is
also
1
European
Comm issio n,
L is t
of
A ction s
to
A dvance
LG BTI
Equality,
D ecember
2015,
available
at: http s:/ /ec.europa.eu/info/polic ies /justice-and-fundamental-rights/combatting-d iscrimination/lesb ian-gay-bi-tran s-and- intersex-equality/list-actions-advance-lgbti-equality_en, p. 15.
under-researched,
as
potentially
discriminatory
practices
on
the
national
level
are
often not
yet
properly
identified,
let
alone
the
experience
when
intersex
persons
are
in
cross- border
situations.
The
potential
for
further
research
is
increased
by
the
fact
that
some
EU Member
States
already
provide
for
non-binary,
third
gender
or
gender-neutral
options
in public
documents
(these
are
Portugal,
Germany,
Austria
and
Malta).
Using
the
methods
described
in
the
next
section,
the
researchers
prepared
summaries
of each
study
and
its
findings.
Legal
and
sociological
sources
are
presented
together,
as many
of
the
sources
are
of
an
interdisciplinary
nature.
Based
on
the
studies
identified,
an
essay
was
compiled
summarising
the
main
findings
of the
studies
and
the
areas
in
which
further
research
is
needed.
Finally,
recommendations
were
drafted
for
further
research
built
upon
the
existing studies
and
for
addressing
the
existing
knowledge
gaps.
2.
M ETHODOLOGY
To
reach
the
aim
of
identifying
research
findings
on
issues
encountered
by
LGBTI
persons in
cross-border
situations,
the
research
team
mapped
the
studies
on
the
proposed
topic through
the
following
steps.
Firstly,
they
carried
out
desk
research
using
various
internet search
engines
to
obtain
information
on
completed
or
on-going
studies
available
freely online.
For
the
overview
the
search
engine
was
used.
This
method
does
not exclude
identification
of
literature
published
by
commercial
academic
publishers. However,
it
is
particularly
useful
for
identification
of
available
grey
literature
produced
by non-commercial
actors,
including,
e.g.
governments
and
NGOs,
or
for
identification
of open
access
academic
publications
as
well
as
other
internet-based
sources
(e.g.
articles, comments).
The
desk
research
was
conducted
by
means
of
relevant
keywords
and
their
different combinations
(LGBTI,
same-sex
couples,
same-sex
partners,
same-gender,
rainbow families,
intersex,
transgender,
cross-border,
transnational,
free
movement,
Free Movement
Directive,
Citizens’
Rights
Directive,
Citizen’s
Directive,
Directive
2004/38/EC, difficulties,
recognition
of
partnership,
divorce,
separation,
immigration,
children"s
rights, parental
rights,
parental
responsibility,
reproductive
rights,
adoption,
surrogacy,
assisted insemination
technologies,
employment
benefits,
pension,
property,
property
regimes, tax,
taxation,
inheritance,
recognition,
enforcement,
rights,
obligations,
recognition
of public
documents,
recognition
of
judicial
judgments,
law,
civil
law,
private
law,
private international
law,
legislation
and
civil
legislation).
Secondly,
more
detailed
desk
research
was
carr...