European Commission Employment & Social Affairs European Union against Discrimination Article 13 European Legislation to Combat Discrimination ENAR Conference, Berlin 30 January 2003 Adam Tyson DG Employment and Social Affairs Anti-discrimination, Fundamental Social Rights and Civil Society

European Commission Employment & Social Affairs European Union against Discrimination Article 13 Introduction Background and context - the principles of the EU 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.

European Commission Employment & Social Affairs European Union against Discrimination Article 13 Two Directives prohibit discrimination: (1) on grounds of racial and ethnic origin (2) on grounds of religion and belief, disability, age and sexual orientation Member States have to respect minimum standards To be transposed into national law by 19 July/ 2 December 2003 (3-year extension possible for age and disability)

European Commission Employment & Social Affairs European Union against Discrimination Article 13 Key Features All aspects of the employment relationship ( Access to employment, self-employment and occupation; vocational guidance and training; employment and working conditions, including dismissals and pay; membership of trade union and professional organisations) Racial Equality Directive also covers access to goods and services, housing education, social security and health care Allow complaints to be heard in a criminal, civil or administrative procedure “Effective, proportionate and dissuasive” sanctions

European Commission Employment & Social Affairs European Union against Discrimination Article 13 Concepts Direct discrimination Indirect Discrimination Harassment Instructions to discriminate Protection from victimisation

European Commission Employment & Social Affairs European Union against Discrimination Article 13 Support for victims Sharing the Burden of Proof (civil and administrative cases) Victim’s right to be supported by associations Equality bodies to provide independent advice, reports and recommendations

European Commission Employment & Social Affairs European Union against Discrimination Article 13 Implications for Member States (and Candidate countries) Different impact in different countries, depending on the state of existing legislation But all countries have to change laws in some way or other (either to cover new grounds of discrimination; introduce new concepts (eg indirect discrimination, harassment); or reinforce rights to redress) Opportunity for Civil Society to help get the law right