1. THE EU POLICY
TO FIGHT AGAINST
DISCRIMINATION

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

3. "….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"

4. 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

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

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

7. 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)

8. 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

9. 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)

10. 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”

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

12. 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

13. 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

14. 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)

15. 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

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

17. 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.

18. 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.

19. 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

20. 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).

21. 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)

22. 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).

23. 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.

24. 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).

25. 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

26. Previous Antidiscrimination programme PROGRESS homepage
Useful information
Previous Antidiscrimination programme
PROGRESS homepage
European Year of Equal Opportunities for All 2007