�Race Equality Directive

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Paulina Carlin and Dorothea Staes, European Commission, DG JUST.D1

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�Directive 2000/43/EC �– the Race Equality Directive��

• Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

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• Addresses direct and indirect discrimination based on racial or ethnic origin, including harassment and sexual harassment

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• Applies to:

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All persons (both in the public and private sectors)

Scope covered

• (a) conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

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• (b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

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• (c) employment and working conditions, including dismissals and pay;

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• (d) membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations;

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• (e) social protection, including social security and healthcare;

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• (f) social advantages;

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• (g) education;

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• (h) access to and supply of goods and services which are available to the public, including housing.

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�The Directive does not cover

• - Difference of treatment based on nationality (covered by other EU acquis)

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• - Provisions/conditions on entry/residence of 3^rd State nationals and stateless on the national territory

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• Indirect discrimination accepted if justified by a legitimate aim, appropriate and necessary – not direct discrimination

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• Genuine and determining occupational requirements OK

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• Positive action to prevent or compensate for disadvantages linked to racial or ethnic origin

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• May not be used to justify regression in the protection already offered in the Member State

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Main features

• Principle of equal treatment

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• Legal and/or administrative remedies

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• Sanctions: dissuasive, proportionate -> real and effective compensation

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• Equality bodies' and other organisations' right to engage in support or on behalf of a complainant

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• Burden of proof

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Equality body

• Obligation under this and several other Directives to designate an equality body

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• Commission's recent Standards on equality bodies

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De facto infringements

• Infringements can occur
• - by legislation
• - by government/regional provisions
• - by court judgments if they have a "precendent" effect
• - by de facto situations caused even by independent institutions
• C-154/08 Commission v Spain, Case C-129/00 Commission v Italy (inter alia)

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Discrimination in access to education

• - Notion of discrimination also present in ECHR

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• - Settled case-law of the ECtHR: separate education of Roma children is in principle discriminatory (for example, Sampanis and Others v. Greece, application 32526/05, Sampani and Others v. Greece, application 59608/09 , and Lavida and Others v Greece, application 7973/10).

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ECtHR

• Even in the absence of any discriminatory intention from the State's side, a position which amounts to making a permanent measure of the education of Roma children in a Roma-only school or class and abstain from actual de-segregation measures, such as allocating Romani students to other schools or re-organising the catchment areas, cannot be considered as objectively justified by a legitimate objective (see Lavida, paragraph 73).

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�������Thank you for your attention!

�Roma inclusion

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Jana BALAZOVA, European Commission, DG JUST.D1

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EU Framework for national Roma integration strategies (NRISs)

- Aim: close the gap between Roma and non-Roma in four key areas: education, employment, healthcare and housing

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- Followed-up by Council and European Council Conclusions, inviting all Member States "to prepare, update or develop their national Roma inclusion strategies"

Council Recommendation on effective Roma integration measures (2013)

• - Strengthening and complementing the EU Roma Framework
• - Aim: guidance to Member States in enhancing the effectiveness of their measures to achieve Roma integration and strengthen the implementation of Roma integration strategies
• - Sharpened focus on anti-discrimination
• - Introduction of annual reporting obligation on Member States

Council Conclusions on accelerating the process of Roma integration (Dec. 2016)

• - Re-confirmation of the commitment of the Member States

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• - Specific focus on Roma youth

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• - Called for a midterm review of the EU Framework for National Roma Integration Strategies up to 2020

Mid-term review of the EU Framework for National Roma Integration Strategies up to 2020

• - Adopted on 30 August 2017

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• - Confirms:
• Added value of the framework
• Relevance of EU Roma integration goals
• Continued need for a combination of targeted and mainstream approaches

�������Thank you for your attention!