Commission issues equality and non-discrimination report

In July 2004, the European Commission issued its second annual report on equality and non-discrimination in the EU. The document examines new rights to legal protection against discrimination that have recently been introduced across the Union, and describes efforts that have been made to raise awareness about the new rights and to promote the benefits of diversity.

On 27 July 2004, the European Commission published its second annual report on equality and non-discrimination in the EU. It spans a period that includes the deadlines by which Member States should have transposed two important anti-discrimination Directives into national law. These are: Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (EU0006256F); and Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, which prohibits discrimination on the grounds of: religion or belief, disability, age and sexual orientation (EU0102295F). The transposition deadlines were 19 July 2003 for the race Directive and 2 December 2003 for the framework equal treatment Directive (TN0402102S). The 10 new Member States were expected to have transposed the Directives prior to their accession to the Union on 1 May 2004. Accordingly, the Commission report notes a significant increase in the level of protection against discrimination across the EU, with important changes being introduced in national legislation as well as a wide-ranging programme of events and activities aimed at raising awareness of diversity issues.

The report has two parts:

• an overview of the new legal rights that came into force during 2003-4 through Member States’ transposition of the two equal treatment Directives; and

• an examination of how to raise awareness, change attitudes and encourage diversity, and reports on a range of awareness-raising and publicity events across the EU that have either taken place or are planned.

Changes in national legislation

The report notes that a number of Member States did not manage to meet the deadlines for full implementation of the two Directives (EU0408202N). Odile Quintin, the director-general of the Commission's DG Employment and Social Affairs, urges these Member States 'to take action to meet their obligations as soon as possible'. They include Austria, Belgium, Germany, Finland, Greece and Luxembourg.

In the case of implementing the provisions of the framework equal treatment Directive, Member States were allowed an additional period of up to three years to implement the provisions on age and disability. A number of Member States have informed the Commission that they wish to take up this option. They are: Belgium (three years for age); Denmark (one year for age and for disability); Germany (three years for age); France (three years for disability); Netherlands (three years for age); Sweden (three years for age and disability); and the UK (three years for age, one year for disability).

The report notes that the new equality policy is having an effect beyond the current borders of the EU, with the two Directives serving as a model for the development of anti-discrimination legislation elsewhere. In Bulgaria and Romania, which are still in the process of negotiating EU membership, laws are already in place banning discrimination on the grounds specified in the two Directives. Also, the Norwegian government has adopted a policy of bringing legislation into line with the race and framework equal treatment Directives, even though it has no legal obligation to do this (NO0308105T).

Raising awareness

Raising awareness of the new rights, changing attitudes and encouraging diversity are all regarded as important if anti-discrimination policy is to be effective. The report says: 'Legislation by itself is not enough to stamp out discrimination.' It stresses that people need to be made aware of the damaging effects of discrimination and the positive benefits of diversity, just as they need to be informed of their new rights and to be encouraged to challenge discriminatory behaviour.

Thus, the Commission has been working together with national authorities, representative organisations and the social partners to develop awareness-raising activities. These include the launch of a new EU-wide information campaign in June 2003, which will run for five years (EU0307202N). Since the extent of the debate on diversity issues varies between individual Member States, working groups in each country will seek to devise an appropriate national campaign. In 2003, roughly 90 campaign events took place across the EU, including at the Europride and Notting Hill carnivals in the UK, the Karneval der Kulturen and the Berlin Marathon in Germany, and the Diversity Day in Finland. Other European events are planned, such as a Europe Together conference in Riga, Latvia in autumn 2004 and a 'European truck tour' across the EU, which began on 1 September 2004.

Finally, the report publicises the results of a Commission study on the costs and benefits of diversity. This involved a survey of 200 small and large public and private companies as well as a set of case studies and interviews. Among other aims, it seeks to show how firms with a positive attitude towards diversity can use the people they employ more effectively and how they can open up markets, reduce costs and improve performance.

Commentary

The Commission's new report demonstrates that there has been a significant increase in the level of protection against discrimination across the EU. As Odile Quintin of DG Employment and Social Affairs said: 'The last 12 months have been a key period in the EU’s efforts to combat discrimination on grounds of racial or ethnic orientation, religion or belief, disability, age and sexual orientation.' However, she also acknowledged that there was still much to be done to ensure the effective implementation of the principle of non-discrimination across the enlarged EU. In order to address this challenge, she expressed the Commission’s intention to work with all of the relevant stakeholders and drew attention to the Commission’s Green Paper on Equality and non-discrimination in an enlarged European Union, issued on 3 June 2004 (EU0407203N), on which the Commission invites comments. (Beatrice Harper, IRS)