Policy Work

Anti-discrimination & equality

EU developments

In 1997, Article 13 of the Amsterdam Treaty (now Article 19 of the Treaty on the Functioning of the EU) gave the European Union a legal base on which to develop ‘appropriate measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’. Using these powers the European Union adopted the Race Equality Directive 2000/43/EC in June 2000, and later that year the Employment Equality Directive 2000/78/EC.

The Race Equality Directive gives protection against discrimination in employment and access to a range of good and services, including social protection, health, social security and education. It puts forward a number of important definitions including direct and indirect discrimination, harassment and victimisation. Other significant aspects of the Directive are that it allows for positive action measures, the sharing of the burden of proof and the establishment of equality bodies, as well as gives victims and organisations protecting victims access to justice.

The European Commission is responsible for overseeing the implementation of theses two Directives and completed its five-year evaluation of the Race Equality Directive in October 2006. In addition to the implementation of the Directives, the Commission is responsible for a broad range of policy activities including analysis, evaluation, capacity-building, networking and awareness-raising.

In 2005, the Commission adopted the ‘Framework Strategy on Non-Discrimination and Equal Opportunities for All’ which outlines key activities to ensure that anti-discrimination legislation is fully implemented and enforced. Within the strategy, the Commission designated 2007 as the ‘European Year of Equal Opportunities for All’ to ensure that discrimination is effectively tackled, diversity is celebrated and equal opportunities for all are promoted.

 

In July 2008, the Commission proposed a directive which would extend current non-discrimination legislation in order to achieve full equality in law, regardless of age, religion or belief, sexual orientation and disability. The proposed directive would ensure that discrimination is prohibited on all these grounds in access to goods and services and aims to close the current gaps in legal protection against discrimination. This Directive is currently blocked at EU Council level due to opposition by several member states.

Issues and challenges

The European Union has played a key role in the development of a common anti-discrimination agenda and the EU racial equality and employment equality directives, adopted in 2000, were a major step in the fight against discrimination in Europe. However the EU must not see progress to date as the end game, but rather one step on the road to fulfilling the broader vision of societies where everyone can participate equally. Despite the positive developments, racism and discrimination continue to be persistently experienced by ethnic and religious minority groups across the European Union across a range of sectors, including employment and labour market participation, education, health, housing and accommodation, and access to goods and services.

It is therefore crucial that anti-discrimination legislation is properly transposed and implemented in all EU member states, that gaps in existing legislation are filled and that institutional discrimination and multiple discrimination are adequately addressed. Equality and anti-discrimination must also be mainstreamed across all EU policy areas.

ENAR is pursuing the following objectives in this field:

1. Ensure adequate protection and legal redress for those experiencing racial and ethnic discrimination and racial segregation
2. Promote strategies to combat institutional discrimination and encourage the use of positive action measures
3. Raise awareness of the negative consequences of security measures and racial profiling
4. Encourage the development of an effective response to racist violence and hate crime
5. Promote comprehensive strategies to support the victims of discrimination

ENAR policy positions

• ENAR comments to the UN Durban Review Conference (April 2009)
• ENAR preliminary position on the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (December 2008)
• Report of ENAR's seminar 'Understanding positive action' (2008)
• Report of ENAR's ad hoc group on anti-discrimination law: Extending EU anti-discrimination law (2008)
• ENAR's response to the European Commission Consultation concerning a possible new initiative to prevent and combat discrimination outside employment (October 2007)
• ENAR’s comments on the draft ECRI General Policy Recommendation no. 11 on combating racism and racial discrimination in policing (May 2007)
• ENAR’s response to the European Commission Communication on the implementation of Race Directive (January 2007)
• ENAR report: Changing Perspectives - shifting the burden of proof in racial equality cases (2006)
• ENAR’s assessment of the impact and implementation of the Employment Framework Directive (December 2005)
• General Policy Paper on fighting religious discrimination (November 2005)
• ENAR’s assessment of the impact and implementation of the Racial Equality Directive (October 2005)
• ENAR’s comments on a proposal for a decision on the 2007 European Year of Equal Opportunities for All (August 2005) 
• ENAR Contribution to the public consultation on the Commission Green Paper on “Equality and Non-discrimination in an Enlarged Europe” (August 2004)
• ENAR’s position on the Council decision establishing a Community Action Programme to combat discrimination 2001-2006 (March 2000)
• ENAR’s position on the Council proposal for a directive implementing the principle of equal treatment between persons irrespective of their racial or ethnic origin (March 2000)

ENAR events

• Understanding positive action: from theory to practice (November 2007)
• From racism to equality? Realising the potential of European anti-discrimination law (October 2006)
• Strategic Litigation - A Tool to Strengthen Anti-Discrimination Legislation (December 2005)
• Religious Discrimination in the EU (October 2003)
• The Transposition of the 'Race Directive' (January 2003)

EU documents

• Racial Equality Directive 2000/43/EC 
• Employment Equality Directive 2000/78/EC 
• European Commission Communication on a framework strategy on non-discrimination and equal opportunities for all (2005)
• Decision establishing the 2007 European Year of Equal Opportunities for All (2006)
• Equality and non-discrimination - Annual report (November 2006)
• Green Paper on equality and non-discrimination in an enlarged EU (2004)
• Eurobarometer survey on discrimination in the EU (January 2007)
• Proposal for a directive implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (2008)
• European Commission Communication on 'Non-discrimination and equal opportunities: A renewed commitment' (2008)
• Eurobarometer survey on discrimination in the EU - perceptions, experiences and attitudes (2008)

Useful links

• DG Employment, Social Affairs and Equal Opportunities - Action against discrimination
• Social Platform work on equality and anti-discrimination 
• EU network of legal experts on anti-discrimination 

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