International legal frameworksCombating discrimination

Luk Zelderloo, EASPD Secretary General

19th – 20th March 2009

Overview

1. Treaty of Amsterdam art. 13 (1997)2. Charter of fundamental rights3. Council directive on racial and ethnic

origin (2000)4. Council directive on equal treatment in

employment and occupation (2000)5. Council of Europe Action Plan (2006)6. UN convention on the rights of persons

with disabilities (2008)7. Art. 13 anti-discrimination directive (2008)

Treaty of Amsterdam (1997)

Art. 13

“…the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation."

Treaty of Amsterdam

Charter of fundamental Rights 2000

Art. 21 Non-discrimination

Any discrimination based on any ground such as …disability…shall be prohibited.

Art. 26 Integration of persons with disabilities

The union recognizes and respects the rights ofpersons with disabilities to benefit from measures designed to ensure their independance, social and occupational integration and participation in the life of the community.

Charter of fundamental rights

Council Directive 2000/43/EC29 June 2000

Implementing the principle of equal

treatment between persons

irrespective of racial or ethnic origin.

Racial or Ethnic origin directive

Concept of discrimination

a) Direct discrimination = a person is treated less favourably on grounds of racial or ethnic origin.

b) Indirect discrimination = a neutral provision puts persons at a particular disadvantage.

Racial or Ethnic origin directive

SCOPE

• Employment (and recruitment)• Vocational training and guidance• Working conditions and pay• Social protection and social

advantages• Education• Access to goods and services

available to the publicRacial or Ethnic origin directive

Council directive 2000/78/EC27 November 2000

Establishing a general framework for

equal treatment in employment and

occupation.

Employment directive

SCOPE

• Employment and self empolyment

• Selection and recruitment

• Access to all types of vocational guidance, training,…

• Working conditions and pay

• Membership of unions

Employment directive

Key: Reasonable accomodation for disabled persons

Appropriate measures where needed

Disproportionate burden

Employment directive

Council of Europe Action Plan

• Paradigm shift from patient to citizen

• Anti-discriminatory and human rights framework as a basis

• Mainstreaming disability

• Aiming at equal opportunities in 15 action lines

Council of Europe Action Plan

UN Convention on the rights of persons with disabilities

Art. 1: Purpose

Promote, protect and ensure the enjoyment of all human rights and fundamental freedoms.

UN Convention

UN Convention on the rights of persons with disabilities

Art. 2: Definitions

Discrimination:

distinction, exclusion or restriction on the basis of disability which has the purpose or effect…

UN Convention

UN Convention on the rights of persons with disabilities

Art. 3: Principles

– Respect– Non-discrimination– Participation– Equality of opportunity– Accessibility– Equality between men & women– Respect for evolving capacities

UN Convention

UN Convention on the rights of persons with disabilities

Art. 5: Equality and non-discrimination

Key:– All persons are equal– Prohibit all discrimination– Resonable accomodation– Specific measures needed

discriminationUN Convention

Proposal for a Council Directive on Art. 13

THE directive for combating

discrimination.

Art. 13 Anti discrimination directive

Concept

• Direct discrimnation

• Indirect discrimination

• Harassment = discrimination

• Denial of reasonable accomodation = discrimination

Art. 13 Anti discrimination directive

SCOPE

• Outside the field of employment

• Social protection

• Social advantages

• Education

• Access to goods & services, SGI, …

Art. 13 Anti discrimination directive

Art. 4

Equal treatment of persons with

disabilities• Effective non – discrimination access:

anticipatory• Reasonable accomodation

Art. 13

Member states shall communicate with the

European Commission…every 5 years on the

application

Art. 12

Duty to establish an eqaul treatment body.Art. 13 Anti discrimination directive

Missing

• Special education needs, mainstream education

• Multiple discrimination

• Discrimination by association

• Universal design concept … for all goods & services

• Right to social support servicesArt. 13 Anti discrimination directive

EASPD

Av. d’Auderghem 63 / Oudergemlaan

B – 1040 BrusselsTel +32 2 282 46 10 – Fax +32 2 230 72 33

www.easpd.eu - info@easpd.eu

Thank you