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