Equal Treatment on Grounds of Racial and Ethnic Origin
Equal Treatment on Grounds of Racial and Ethnic Origin : EU Directive 2000/43 EC of 29 June 2000 aims to implement the principle of equal treatment on grounds of racial and ethnic origin in the European Union (EU). Article 13 of the EC Treaty, which was added by the Treaty of Amsterdam, provides the EU with a legal basis to combat all forms of discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Directive aims to fight discrimination on grounds of race or ethnic origin by reinforcing existing national provisions in this area, notably by means of a common definition of unlawful discrimination. From the point of view of enlargement, the Directive will help to ensure that human rights are observed. Moreover, by discouraging discrimination, it should allow increased participation in economic and social life and a reduction in social exclusion. All forms of discrimination on grounds of race or ethnic origin are prohibited. This discrimination may be in the form of less favourable treatment of the person concerned or a provision, criterion or practice which appears to be neutral but is likely to have an unfavourable outcome for a person or a specific group of persons. Harassment creates a hostile environment and is to be deemed to constitute discrimination. It is to be noted that difference of treatment on grounds of nationality does not fall within the scope of Directive 2000/43 EC. Equal treatment must be guaranteed in terms of access to employment or self-employment, training, education, working conditions, involvement in a professional organization, social protection and social security, social advantages, and access to and the supply of goods and services. The only possible exception is where race or ethnic origin constitutes a fundamental professional requirement (artistic performances, social services for people from a specific ethnic group, etc The Directive does not prevent EU Member States from taking positive measures in relation to a specific group. Similarly, Member States may apply provisions that are more favourable than those defined in the Directive. Legal and/or administrative procedures to enforce the ban on discrimination are available to everyone. A procedure of this kind may be instituted on behalf of an individual by an association, organization or other legal person. In general, where it may be presumed from the facts that discrimination has taken place, the burden of proof falls to the defendant, who must prove that the principle of equal treatment has not been infringed. Each EU Member State adopts measures to protect the complainant against retaliation. The social dialogue between the two sides of industry has made it possible to organize the monitoring of workplace practices. It is also possible to draw up different texts (codes of conduct) and agreements (collective agreements) to promote equal treatment. Exchange of best practice is also encouraged. The Member States are responsible for disseminating information on equal treatment and giving one or more independent bodies the task of promoting this principle. These bodies can receive complaints from victims of discrimination, start investigations or studies and issue recommendations concerning the type of discrimination defined by the Directive. Discriminatory national provisions must be abolished or declared null and void. Member States shall provide for sanctions in the event of the principle of equal treatment being infringed. See: EQUAL; European Monitoring Centre on Racism and Xenophobia (EUMC); Racism
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