Pag. 1 prof. dr. M. De Vos Positive Action & EC Law prof. dr. Marc De Vos.

Slides:

Advertisements

Similar presentations

An Overview of the European Policy Framework on Gender Equality Gender Agenda – Women, Men, Age and Employment in the Performing Arts.

Advertisements

A Framework for Fairness: Proposals for a Single Equality Bill Discrimination Law Review.

1 Comments on Harry Holzer: “The Economic Impacts of Affirmative Action in the U.S.” Bertil Holmlund Uppsala University Swedish Economic Council conference.

Equality and Non- discrimination at Work Basics of International Labour Standards.

1 Protective measures for pregnant workers ERA Conference ‘EC Law on Equal Treatment Between Women and Men in practice‘ Trier, November 10, 2009 Prof.

Positive Action in EU Gender Equality Law and Policy. AIAS Seminar 14/11/2013 Dr. Nuria Elena Ramos Martín Assistant Professor AIAS, University of Amsterdam.

EU Anti-Discrimination Legislation Tansy Hutchinson Policy Officer European Network Against Racism.

Community anti-discrimination legislation: possible developments and interpretations Evelyn Ellis.

Equality and Diversity Nicole Defraize Human Resources Manager.

Discrimination on the basis of disability Module 5.

Equality Impact Assessment Training. History Stephen Lawrence case The Macpherson Report Police Force ‘institutionally racist’ - policies, procedures,

. South African Airways South African Airways Applications for vacant position required: POSITION:Flight attendant DUTIES:Serve passengers; Ensure flight.

Strategic Diversity Management Chapter 12. Objectives Explore the development from equal opportunities to managing diversity Understand the role of the.

Discrimination A cross country comparison on the Turkish Second Generation Patrick Simon INED Amsterdam, Stakeholder Conference, May 13, 2009.

THE PUBLIC DUTY TO PROMOTE EQUALITY Tess Gill There are currently three public sector equality duties: Race Disability Gender WHAT ARE THE EQUALITY DUTIES?

Competences of the “Union” and Sex Equality: A Comparative Look at the European Union and the United States Barbara Havelkova Dubrovnik; April 2009.

Legal dilemmas in anti- discrimination law Faculty of Law Professor Niklas Bruun Helsinki and Stockholm Gothenburg

Chapter 3 Diversity and Employment Equity Copyright © 1999 John Wiley & Sons Canada, Ltd. All rights reserved.

Equal Pay Dr Katarzyna Gromek-Broc York Law School.

Gender equality at home and work:

ERA 8 June 2009 EC Law on Equal Treatment for Men and Women in the Workplace - Legal history - Key concepts (definitions) Michel Miné (Cnam, Professor.

. Copyright  2010 McGraw-Hill Australia Pty Ltd PPTs to accompany Strachan, French and Burgess, Managing Diversity 3-1 Chapter 3 Approaches to equity.

The European Union Race Directive attorney Lilla Farkas LLM.

JáN KIMÁK LEGAL CONCEPT OF EQUALITY IN INTERNATIONAL & NATIONAL LAW

The Convention on the Elimination of All Forms of Discrimination Against Women An Introduction.

The Concepts of Disability and Reasonable Accommodation Prof. Lisa Waddington, European Disability Forum Chair in European Disability Law, Maastricht University.

1 Equal treatment in access to goods and services Dr Eugenia Caracciolo di Torella University of Leicester.

International legal frameworks Combating discrimination Luk Zelderloo, EASPD Secretary General 19 th – 20 th March 2009.

Equal Treatment Outside Employment: Access to Goods and Services Elisabeth Holzleithner ERA, Trier, 19 May 2009 Holzleithner Goods and Services 1.

1 Community Legislation on Equal Treatment DG ‘Employment, Social Affairs & Equal Opportunities’ Equality, Action against Discrimination: Legal Questions.

Diversity and Discrimination Chapter 11 Jerry Estenson.

PROMOTING GENDER EQUALITY. Evolution over last years about gender equality Prior to 50s: women were defined mainly in terms of their reproductive role.

Equality Act 2010 September The legal context  There is a strong legal framework underpinning equality activity  The law covers employment and.

INTERNATIONAL LABOUR ORGANIZATION Conditions of Work and Employment Programme (TRAVAIL) 2012 Module 9: Employment protection and non-discrimination Maternity.

Equal Pay for Work of Equal Value: EC Legal Framework and ECJ Case Law Prof. Dr. Eva Kocher, University of Frankfurt (Oder) Trier, 18 May 2009 Prof. Dr.

Learning outcomes Understand the importance of diversity, equality and inclusion. 2. Know how to work in an inclusive way 3. Know how to access information,

The principles of equal treatment in Estonia. The Constitution of the Republic of Estonia: Everyone is equal before the law. No one shall be discriminated.

How to Address Disability Discrimination in an Article 13 EC Directive? Professor Lisa Waddington EDF Chair in European Disability Law.

Women and girls in sport in Ireland Let’s level the playing field 28th October Dublin Isabel Romão Member of the CoE Gender Equality Commission Member.

1 Equality Impact Assessment- Legal & Policy Context Presented by Ionann Management Consultants Ltd ionann.co.uk January 2008 Qmul-EiaTrng SlideShow.ppt.

University of Chester Forum for Research into Equality and Diversity Launch Event The Limits of Positive Action Muriel Robison.

Mindset 2000 LtdSlide 1 Train to Gain Provider Support Programme October 2007 Equality and diversity.

PROMOTING GENDER EQUALITY. GAD (Gender and development) In the 80ths, Distinguishes biological differences (that are universal) from the social differences.

Equality, Diversity and Rights Equal opportunities legislation.

Stereotypes, structural inequality and human rights Dr Dimitrina Petrova 1.

Workshop on Employment of Disabled People in South-West Bulgaria Sofia, Bulgaria 26 February 2010 Pilar Rivas Vallejo Пилар.

The anti-discrimination legislation in Albania Presentation of the corresponding EU Directives and of their approximation.

Jean Monnet Chair of EU Labour Law Academic Year Silvia Borelli:

KEVÄT NOUSIAINEN NEW FOUNDATIONS OF LABOUR LAW STOCKHOLM MAY 2016 NON-DISCRIMINATION AND EQUAL TREATMENT: FAIRNESS?

Mango Spice Ltd1 Equality Impact Assessments. Mango Spice Ltd2 Facilitator Issan Ghazni Mango Spice Equality & Diversity Management Consultants.

Promoting Equality and Non-Discrimination for Persons with Disabilities ____________________________________________ Report written by Professor Lisa.

Race Relations (Amendment) Act 2000 Equality and Diversity Toolkit

EU law against Disability Discrimination

Positive action in admissions

A Denial of a Reasonable Accommodation:

EC Law on Equal Treatment between Women and Men

University of Chester University of Liverpool Conference 2015

Overview of existing EC legislation on equal treatment between men and women and the role of the European Commission Rashmin Sagoo DG Employment, Social.

Syllabus Content Principle of social justice Equity Diversity

Discrimination on the basis of disability

THE ANTI-DISCRIMINATION DIRECTIVES 2000/43 and 2000/78 IN PRACTICE

Free movement of persons

ARTICLE 16 OF REGULATION (EC) 1083/2006

European Labour Law Jean Monnet Chair of EU Labour Law Academic Year Silvia Borelli:

Positive Action in EC Law

European Labour Law Jean Monnet Chair of EU Labour Law Academic Year Silvia Borelli:

Lecture 06: A Brief Summary

Discrimination on the basis of disability

I.P. Asscher-Vonk Equal Pay, June This Course is funded by the Erasmus + Jean Monnet program of the European Commission. Iren.

Niall Crowley Values Lab

Presentation transcript:

pag. 1 prof. dr. M. De Vos Positive Action & EC Law prof. dr. Marc De Vos

prof. dr. M. De Vos pag. 2 Purpose Positive action acquis in gender Positive action in the Race and Ethnic Origin Directive & Framework Directive Possible avenues for development Not: disability, international human rights law & MS experience

prof. dr. M. De Vos pag. 3 What is PA? No definition – More a process than a concept “Any measure contributing to the elimination of equalities in practice” Discrimination in EC Law: “the application of different rules to comparable situations, or the application of the same rules to different situations”

prof. dr. M. De Vos pag. 4 What is PA? Elements: Promoting substantive equality: outcome v. opportunity Group consideration v. individual merit Harbours a whole range of potential measures State or private actors - From encouragement (facilitation, promotion, outreach, accommodation, diversity) to reverse discrimination and soft or hard quotas

prof. dr. M. De Vos pag. 5 Art. 2(4) original Equal Treatment Directive “This Directive shall be without prejudice to measures to promote equal opportunities for men and women, in particular by removing existing inequalities which affect women’s opportunities” Seen as an exception rather than as a clarification to equality: ECJ development

prof. dr. M. De Vos pag. 6 Art. 141(4) TEC & amended and recast Equal Treatment Directive “With a view of ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.”

prof. dr. M. De Vos pag. 7 ECJ - General Only a small fraction of PA is liable to generate conflict with EC law: reverse discrimination ECJ has not (yet) widened the scope for PA under 141(4) TEC No general duty of PA implicit in non- discrimination to avoid negative impact: indirect discrimination & its justification (Bilka)

prof. dr. M. De Vos pag. 8 ECJ & Positive discrimination Formal equality is the rule, positive discrimination the narrow exception Objective contents: Objectively address occupational difficulties of women Clear and unambiguous criteria Proven and genuine group imbalance, even it the favoured individual is not harmed by it Appropriate and necessary PA – proportionality No automatic quotas

prof. dr. M. De Vos pag. 9 Art. 5 D2000/43 and Art. 7.1 D2000/78 “With a view of ensuring full equality in practice (between men and women in working life), the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures (providing for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity or) to prevent or compensate for disadvantages (in professional careers) linked to any of the grounds.”

prof. dr. M. De Vos pag. 10 Analysis Textual comparison Very similar More restrictive: no specific advantages More extensive: any specific measure and any disadvantage Genesis of the 2000 Directives Recast Directive 2006/54

prof. dr. M. De Vos pag. 11 Avenues of Development Marginal evolution in concept Big evolution in scope: Beyond employment + beyond gender Combination of PA, reasonable accommodation, indirect discrimination, and genuine and determining occupational requirements The scope is likely to influence the ECJ’s scrutiny

prof. dr. M. De Vos pag. 12 The Key: Proportionality Legitimate aim: May vary with the ground Objective contents Effective: Proven and genuine imbalance – How much? Where? Gradual reduction or just temporary? How effective? Necessary: Alternatives? Cost/benefit?

pag. 13 prof. dr. M. De Vos Contact Info