European Union Anti-Discrimination Policy:
Directorate-General for Research
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1. Racism and the European Union
1.1. From the Joint Declaration to the Treaty of Amsterdam
1.2. The contribution of the EU to combating racism2. Towards an anti-discrimination directive?
2.1. The scope of the legislation
2.1.1. The fields of unlawful discrimination
2.1.2. The position of non-EU nationals
2.1.3. Religious Discrimination2.2. Enforcement procedures and remedies
2.2.1. Specialised Equality Agencies
2.2.2. Civil Law Remedies2.3. Challenging institutionalised discrimination
2.3.1. Contract Compliance
2.3.2. Ethnic Monitoring2.4. Positive action
2.4.1. Outreach advertising
2.4.2. Targetted training
2.4.3. Redundancy3. Mainstreaming equal opportunities for ethnic minorities
3.1. Incorporating anti-discrimination into immigration and asylum policies
3.1.1. The evolution of European immigration and asylum policies
3.1.2. Immigration and asylum after Amsterdam
3.1.3. Balancing immigration control with the integration of ethnic minorities
3.1.4. Mainstreaming and immigration and asylum policiesAnnex 1: Joint Declaration by the European Parliament, the Council and the Commission against racism and xenophobia, 11 June 1986 (OJ C 158, 25.6.1986)
Annex 2: Resolution of the European Parliament on racism, xenophobia, and anti-semitism, 27 October 1994 (OJ C 323/154, 20.11.1994)
Annex 3: Resolution of the European Parliament on racism, xenophobia and anti-semitism, 26 October 1995 (OJ C 308/140, 20.11.0995)
Annex 4: Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning action to combat racism and xenophobia, 15 July 1996 (OJ L 185, 24.7.96)
Annex 5: Resolution of the European Parliament on racism, xenophobia and anti-semitism and the European Year against Racism (1977)[Ford G & Oostlander A], 30 January 1997 (OJ C 55/17, 24.2.97)
Annex 6: Resolution on racism, xenophobia and anti-semitism and the results of the European Year against Racism, 29 January 1998
Annex 7: Equality Agencies in the Member States
Racial discrimination remains an everyday challenge to millions of people living in the European Union. This takes a variety of forms, from racist remarks and stereotyping in the workplace to extreme instances of physical assault and even murder. Such discrimination is experienced by both citizens and non-citizens of the Union, from permanent residents to newly-arrived asylum-seekers. Racism occurs in both the public and the private sphere, be it in the harassment of ethnic minorities by the police and immigration authorities, or the refusal of a job on the basis of an individual's colour, race or nationality. Furthermore, the legacy of both past and present racism results in social and economic disadvantage to ethnic minorities, which is plain to see in many cities throughout the European Union.
The issue is not one which the European Union can afford to ignore. The EU has a well-established commitment to combating discrimination against women. Given this commitment, the question of the EU's position on other forms of discrimination logically arises. At the most fundamental level, the Union was born out of a conflict based on ethnic hatred and has a duty to ensure such discrimination does not go unchallenged. Furthermore, the Parliament has pointed out the dangers to the whole integration project from racism. Racism strikes at the heart of what has been described as the "European Idea, namely that harmonious societies characterized by ethnic and cultural diversity are an expression of civilisation and that the diversity of the various cultures and traditions constitutes a positive and enriching factor." (1) Combating racism also forms part of the EU's responsibility for human rights. This includes human rights both inside and outside the Union. The 1997 Treaty of Amsterdam enhances the importance of human rights within the EU legal order, even providing for the possible suspension of a state where there is "a serious and persistent breach" of human rights. (2) Thus, respect for human rights in the Member States, including the right to non-discrimination is of genuine concern to the Union as a whole. Finally, racial discrimination undermines one of the central objectives of the integration process; the right to free movement of persons. Where individuals fear discrimination in another Member State, or where they will enjoy less protection against discrimination in Member States other than their own, they are likely to be deterred from exercising their right to free movement. More fundamentally, the absence of any right to free movement for the 13 million third-country nationals resident in the EU demonstrates that the Union has yet to ensure equal treatment for ethnic minorities even within its own jurisdiction.
The European Union has been involved in combating racism since the mid-1980s. The issue was first raised through a 1985 Committee of Inquiry by the European Parliament. The growing evidence of racial discrimination, racist violence and the increased popularity of the parties of the extreme-right have underlined the need for more effective action in this sphere. During the 1990s, the commitment of the EU to the fight against racism has been significantly strengthened, culminating in 1997, European Year against Racism. During the course of the Year, the Council agreed to establish a permanent Monitoring Centre on Racism and Xenophobia, and the Treaty of Amsterdam inserted a new Article 6a which will provide the EU with the option of adopting binding legislation against racial discrimination. In the light of the revision of the Treaty, and the general anticipation of an anti-discrimination directive against racial, and possibly religious, discrimination, this paper examines the options open to the EU in preparing new legislation in this field.
Drawing on the experience of sexual equality legislation at both the European and national level, we will examine both the strengths and weaknesses of the existing anti-discrimination legislation. In particular, difficulties have been found in the practical implementation of the legislation, most especially in relation to successfully pursuing an individual case of discrimination. Taking into account the variety of national legislation on racial discrimination which is already in place, the paper focuses on the potential contribution to combating discrimination which may be made through the existence of specialised agencies charged with assisting individual victims of discrimination. The paper also points out the importance of a combination of criminal and civil law remedies. This paper also considers the need for measures specifically designed to tackle institutionalised forms of discrimination, which are less amenable to correction through an individual complaint procedure. The options of contract compliance, ethnic monitoring and positive action are examined in more detail.
Specific action against discrimination is unlikely to be sufficient unless complemented by measures to promote equal opportunities for ethnic minorities in all aspects of EU policies. The need to 'mainstream' anti-discrimination objectives has already been recognised in the field of sexual equality. The document examines the relevance of anti-discrimination to foreign policy, and the enlargement of the Union, but specifically focuses on the need to incorporate equal opportunities for ethnic minorities into immigration and asylum policy. In particular, we propose that there is a need for a greater emphasis on protecting the fundamental rights of asylum-seekers and guaranteeing equal rights for resident immigrants, and a shift away from the concern with migration control which has hitherto dominated EU policy on immigration and asylum.
Racial discrimination remains an everyday challenge to millions of people living in the European Union. This takes a variety of forms, from extreme instances of physical assault and even murder, to racist remarks and stereotyping in the workplace and beyond. Such discrimination is experienced by both citizens and non-citizens of the Union, from permanent residents to newly-arrived asylum-seekers. Racism occurs in both the public and the private sphere, be it in the harassment of ethnic minorities by the police and immigration authorities, or the refusal of a job on the basis of an individual's colour, race or nationality. Furthermore, the legacy of both past and present racism results in social and economic disadvantage to ethnic minorities, which is plain to see in many cities throughout the European Union. Ample evidence of the persistent need to challenge racism was recently provided in the results of a Eurobarometer survey; one European in three (33%), declared themselves 'very' or 'quite' racist. (3)
The issue is not one which the European Union can afford to ignore. The EU has a well-established commitment to combating discrimination against women. Given this commitment, the question of the EU's position on other forms of discrimination logically arises. Since the mid-1980s, the Parliament has been pressing the Commission and the Council to take more effective action against racism. At the most fundamental level, the Union was born out of a conflict based on ethnic hatred and has a duty to ensure such discrimination does not go unchallenged. Furthermore, the Parliament has pointed out the dangers to the whole integration project from racism. Racism strikes at the heart of what has been described as the "European Idea, namely that harmonious societies characterized by ethnic and cultural diversity are an expression of civilisation and that the diversity of the various cultures and traditions constitutes a positive and enriching factor." (4) Combating racism also forms part of the EU's responsibility for human rights. This includes human rights both inside and outside the Union. The 1997 Treaty of Amsterdam enhances the importance of human rights within the EU legal order, even providing for the possible suspension of a state where there is "a serious and persistent breach" of human rights. (5) Thus, respect for human rights in the Member States, including the right to non-discrimination is of genuine concern to the Union as a whole. Finally, racial discrimination undermines one of the central objectives of the integration process; the right to free movement of persons. Where individuals fear discrimination in another Member State, or where they will enjoy less protection against discrimination in Member States other than their own, they are likely to be deterred from exercising their right to free movement. More fundamentally, the absence of any right to free movement for the 13 million third-country nationals resident in the EU demonstrates that the Union has yet to ensure equal treatment for ethnic minorities even within its own jurisdiction.
1. Recital Q, Resolution on racism, xenophobia and anti-semitism and the European Year against Racism (1997) [Ford, G & Oostlander, A] 30 January 1997 (OJC 55/17, 24.2.97) See: Annex 5
2. Article F.1(1), EU (1997) " Treaty of Amsterdam" Luxembourg: OOPEC
3. Le Soir (21.12.97) "55% des Belges se disent racistes"; Agence Europe (24.12.97) "Fight against racism" No. 7128, p. 3
4. Recital Q, Resolution on racism, xenophobia and anti-semitism and the European Year against Racism (1997) [Ford, G & Oostlander, A] 30 January 1997 (OJC 55/17, 24.2.97) See: Annex 5
5. Article F.1(1), EU (1997) " Treaty of Amsterdam" Luxembourg: OOPEC