THE EU POLICY TO FIGHT AGAINST DISCRIMINATION

Legislative framework 2. Policy priorities 3. Financial tools The European Year for Equal opportunities for all 2007 PROGRESS programme The European Social Fund

"….appropriate action to combat discrimination based on Basis for action Article 13 of EC Treaty "….appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief; disability, age or sexual orientation"

legislative documents Gender legislation (13 directives) Race Equality Directive (2000/43/EC) Employment Equality Directive (2000/78/EC) religion or belief, age, disability, sexual orientation

Scope of the legislation Both Directives prohibit discrimination in: Access to employment Employment and working conditions Vocational guidance and training Membership of organisations

The Racial Equality Directive also covers : Education Social security Health care Goods and services Housing

Main requirements New laws requires that Member States: Give victims the right to make a complaint Impose penalties on those who discriminate Shift in the burden of proof Specific legal provision provided for people with disabilities: reasonable accommodation obligation of employer to take appropriate measures to enable a person with a disability to work as equal a way as possible unless posing a disproportionate burden on the employer (i.e. flexible working hours, special computer equipment)

Present situation Transposition deadlines For the 15 « older » Member States: 2003 (+ possible 3 years extension for employment directives). For the 10 recent member States: May 2004 For Bulgaria et Romania : January 2007 Current infringement procedures No communication No conformity

Steps in the policy definition Green paper on non-discrimination and equality in an enlarged Europe (2004) European Commission Communication on its framework strategy to promote non-discrimination and equal opportunities (2005) Next Communication (June 2008)

Ensure a uniform implementation of EU law Policy priorities Ensure a uniform implementation of EU law Promote effective policies at national level to fight against discrimination and promote diversity Contribute to change attitudes and behaviours to create a more “equality friendly society”

Financial tools to support this policy European Year for equal opportunities for all 2007 PROGRESS programme European Social fund

The European Year of Equal Opportunities for all – 2007 Why ? Delays/problems in transposition of EU Directives Uneven implementation of national legislations Lack of knowledge 2004 Green Paper: raise awareness

Objectives of the Year Raise awareness among general public on benefits of a society that offers the same opportunities to all, irrespective of their sex, sexual orientation, age, racial or ethnic origin, disability, religion or belief Highlight the benefits of diversity as a source of socio-economic vitality for Europe

Actions funded at EU level – 7.35 Million € European wide information campaign Equality Summit, launch and closure conferences Numerous conferences and events Eurobarometer surveys Evaluation (on-going)

Actions funded at national level – 7.65 million € Meetings and events Information, educational and promotional campaigns Surveys and studies Based on a national strategy Coordinated by National Implementing Bodies

PROGRESS FINANCIAL ENVELOPE Repartition of the budget among policy sections (2007-2013) Employment 23% Social inclusion 30% Working conditions 10% Non-discrimination 23% - 170 m€ Gender equality 12% Support for implementation 2%

THE PROGRESS « ANTIDISCRIMINATION AND DIVERSITY » STRAND Objective 1: Improving the understanding of the situation in relation to discrimination in particular through analysis and studies and, where appropriate, the development of statistics and indicators as well as by assessing the effectiveness and impact of existing legislation, policies and practices. Examples in 2007: Study on positive action Study on discrimination in fields falling outside the current legislation.

Objective 2 : supporting the implementation of Community anti-discrimination legislation through effective monitoring, the holding of seminars for those working in the field and networking amongst specialised bodies dealing with anti-discrimination. Examples in 2007 : Financing of a legal expert networks Training of legal and policy practitioners at Community level Support to EQUINET (network of equality bodies – see article 13 of the Race Directive) Training targeted at social partners, NGO and enterprises in all Member States.

Objective 3: Raising awareness, disseminating information and promoting the debate about the key challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in all Community policies, including among the social partners, NGOs and other stakeholders. Examples in 2007: National awareness raising activities (implemented by national authorities). EU-level information campaign Information on the PROGRESS antidiscrimination strand

Objective 4: developing the capacity of key European level networks to promote and further develop Community policy goals and strategies in the field of combating discrimination Examples in 2007: Support to running costs of EU NGO networks (one per discrimination grounds + smaller specialised networks on disability).

ESF PRIORITIES In all regions: Increasing adaptability of workers and enterprises Enhancing access to employment of inactive people Reinforcing social inclusion of people at disadvantage and combating discrimination Promoting partnerships for reforms in employment and labour inclusiveness (social partners, NGO)

In convergence regions only Supporting efforts to expand and improve investment in human capital, in particular by improving education and training systems. Cofinancing action aimed at developing institutional capacity and the efficiency of public administration (at national, regional and local levels).

Possible actions for discriminated groups Under Priority 2: Enhancing access to employment of inactive people Specific actions for improving migrants’ access to work. Under Priority 3:Reinforcing social inclusion of people at disadvantage and combating discrimination diversity in the work place and combating discrimination in accessing in the labour market (awareness raising, involvement of local communities and enterprises, promotion of local employment initiatives). pathways to integration and re-entry in employment through employability measures, vocational education and training, accompanying actions and care services.

Under Priority 5 : Promoting partnerships Networking of relevant stakeholders, such as social partners and NGO at all levels in oder to mobilise for reforms in the field of employment and labour market inclusiveness. Under Priority 6: Strengthening institutional capacity Capacity building in the delivery of policies and programmes including with regard to the enforcement of legislation through managerial and staff training And support to key services and socio-economic actors (social partners, NGO).

DISABILITY AS A MAINSTREAMING ISSUE Special mention in the General structural funds Regulation (Art. 16) « Accessibility should be one of the criteria in defining operations cofinanced by the fund and during the implementation phase » Several mentions in the ESF regulation Flexibility clause : infrastructure investments possible under ESF programmes

Previous Antidiscrimination programme PROGRESS homepage Useful information Previous Antidiscrimination programme http://ec.europa.eu/employment_social/fundamental_rights/index_en.htm PROGRESS homepage http://ec.europa.eu/employment_social/progress/index_en.htm European Year of Equal Opportunities for All 2007 http://ec.europa.eu/employment_social/eyeq/index.cfm?cat_id=SPLASH