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EU Antidiscrimination Policy

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Title: EU Antidiscrimination Policy


1
EU Antidiscrimination Policy
Disability Interest Group, 25th April 2006
2
About Blueprint Partners
  • Leading Brussels-based independent consultancy
    on public affairs, policy advice and strategic
    communications
  • Areas of expertise environment, competition,
    IT, telecommunications, financial services,
    consumers goods, CSR and social, etc.
  • Clients blue-chip companies, industry and
    business associations, NGOs and foundations

3
EU antidiscrimination policy milestones
  • Equal pay directive (1975)
  • Treaty of Amsterdam (1997) Article 13 granted
    the EU new powers to combat discrimination on the
    grounds of sex, racial or ethnic origin, religion
    or belief, disability, age or sexual orientation
  • 2000 Anti-discrimination directives
  • Project of EU Constitution
  • 2007 European Year of Equal Opportunities

4
Treaty of Amsterdam Article 13
  • Without prejudice to the other provisions of
    this Treaty and within the limits of the powers
    conferred by it upon the Community, the Council,
    acting unanimously on a proposal from the
    Commission and after consulting the European
    Parliament, may take appropriate action to combat
    discrimination based on sex, racial or ethnic
    origin, religion or belief, disability, age or
    sexual orientation

5
Racial Equality Directive (I)
  • Implements equal treatment principle irrespective
    or racial/ethnic origin
  • Gives protection against discrimination in
    employment and training, education, social
    protection, social advantages, membership and
    involvement in organisations of workers and
    employers and access to good at services
  • Contains definitions of direct and indirect
    discrimination and harassment and prohibits the
    instruction to discriminate and victimisation
  • Allows for positive action measures to be taken

6
Racial Equality Directive (II)
  • Gives victims of discrimination a right to make a
    complaint through a judicial/administrative
    procedure, associated with appropriate penalties
    for those who discriminate
  • Allows for limited exceptions to the principle of
    equal treatment
  • Shares the burden of proof between the
    complainant and the respondent in civil and
    administrative cases
  • Provides for the establishment in each Member
    State of an organisation to promote equal
    treatment and provide independent assistance to
    victims of racial discrimination

7
Employment Equality Directive (I)
  • Implements equal treatment principle in
    employment and training irrespective of religion
    or belief, disability, age or sexual orientation
    in employment, training and membership and
    involvement in organisations of workers and
    employers
  • Includes identical provisions to Racial Equality
    Directive on definitions of discrimination and
    harassment, the prohibition of instruction to
    discriminate and victimisation, on positive
    action, rights of legal redress and the sharing
    of burden of proof

8
Employment Equality Directive (II)
  • Requires employers to make reasonable
    accommodation to enable a person with a
    disability who is qualified to do the job in
    question to participate in training or paid
    labour
  • Allows for limited exceptions to the principle of
    equal treatment

9
EU Antidiscrimination Action Programme
  • 2001-2006
  • Launched following antidiscrimination directives
    to assist ensuring EU antidiscrimination policies
    would become a reality
  • Limited budget 100 million euros
  • To be replaced by PROGRESS framework programme
    from 1st January 2007

10
Project of EU Constitution
  • Establishes discrimination as a horizontal
    principle
  • Article 2 includes equality and
    non-discrimination as values of the Union
  • Article 3.3 defines combating discrimination as
    one of the objectives of the EU
  • Article II-21 forbids discrimination on all
    grounds

11
EU anti-discrimination framework strategy
  • Ensuring effective legal protection against
    discrimination
  • Assessing the need for further action to
    complement the current legal framework
  • Mainstreaming non-discrimination and equal
    opportunities for all
  • Promoting and learning from innovation and good
    practice
  • Raising awareness and cooperation with
    stakeholders
  • Special effort to tackle discrimination and
    social exclusion faced by disadvantaged ethnic
    minorities
  • Enlargement
  • Relations with third countries and international
    cooperation

12
Rationale behind EU antidiscrimination policy
  • Most comprehensive and far-reaching legislation
    in the world
  • Building a social Europe legitimacy of EU
    project
  • Lisbon Strategy - targets for economic and
    employment growth
  • Need to go beyond anti-discrimination policies
  • Need to tackle the structural barriers
  • Transferability of sex antidiscrimination
    experience to other grounds of discrimination

13
2007 European Year of Equal Opportunities for All
- Background
  • Persistent inequalities
  • Changing nature of European society
  • Ageing population
  • International migration and increased mobility
  • Diversity as a source of socio-economic vitality

14
2007 European Year of Equal Opportunities for All
- Objectives
  • Rising awareness on the right to equality and
    non-discrimination
  • Stimulating debate on ways to increase the
    participation in society
  • Celebrating and accommodating diversity
  • Promoting a more cohesive society
  • Working in partnership

15
Key players at EU level
  • EU Social Platform
  • European Disability Forum (EDF)
  • European Women's Lobby (EWL)
  • European Anti-Poverty Network (EAPN)
  • European Network Against Racism (ENAR)
  • European Older People's Platform (AGE)
  • European Youth Forum (YFJ)
  • European Region of the International Lesbian and
    Gay Association (ILGA)
  • European Trade Union Confederation (ETUC)
  • UNICE (EU business umbrella organisation)

16
Key documents
  • Green Paper on Equality and non-discrimination in
    an enlarged EU (2004) COM(2004)379
  • Communication on Non-discrimination and equal
    opportunities for all a framework strategy
    (2005) COM(2005)224
  • Proposal for a Decision of the European
    Parliament and the Council on the European Year
    of Equal Opportunities for All (2007) Towards a
    Just Society COM(2005)225

17
The Three Pillars of EU Disability Policy
  • EU anti-discrimination legislation and measures
    which provide access to individual rights
  • Elimination of barriers in the environment that
    prevent disabled people from exercising their
    abilities
  • Mainstreaming disability issues in EU policies

18
EU Disability Action Plan
  • 2005 Communication on the situation of disabled
    people in the enlarged EU the European Action
    Plan 2006-2007 COM(2005)604 final
  • Emphasis on employment Lisbon Strategy
  • Accessibility of good and services
  • Access to quality support and care services
  • Increasing EUs analytical capacity

19
Employment of people with disabilities
  • Employment gap vis-à-vis non-disabled people (40
    compared to 64.2)
  • Less than half of disabled people have a job
  • Employment Equality Directive
  • Regulation on State Aid in employment
  • European Social Fund (operational programme for
    fight against discrimination)

20
Accessibility of good and services
  • Accessibility of ICT Communication on
    eAccessibility COM(2005)425
  • Accessibility of built environment Structural
    Funds (ERDF)
  • Accessibility of public transport system
    Communication on Strengthening Passenger Rights
    COM(2005)46

21
Support and care services for disabled
  • Promotion of quality, affordable and accessible
    social services
  • Forthcoming Communication on Social Services of
    General Interest
  • Develop policy cooperation on health and
    long-term care
  • De-institutionalisation of disabled people placed
    in large residential institutions

22
Increasing EUs analytical capacity
  • Studies analysing existing data regarding people
    with disabilities
  • Eurostats module on the social integration of
    disabled persons
  • VII Research Framework Programme (2007-2013) to
    fund research in the disability area
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