Report on the Implementation of the Race and General Framework Directives

Equinet Equality Law in Practice Working Group

Jayne HardwickSenior Lawyer

Equality and Human Rights Commission

Overview of Presentation

• Equinet Equality Law in Practice Working Group

• Previous reports

• Report on the Implementation of the Race and General Framework Directives

Equinet Equality Law in Practice Working Group

27 National Equality Bodies representing 23 Member States:

Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Latvia, Lithuania, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Sweden, GB and Northern Ireland

Equality Law in Practice, Working Group Reports

March 2013: http://www.equineteurope.org/New-Equality-Law-in-Practice

• associative sex discrimination on grounds of pregnancy

• discriminatory dismissal of older workers• discrimination on the ground of nationality or

citizenship

May 2012 http://www.equineteurope.org/IMG//pdf/Religion_and_Belief_Report_merged_.pdf

• Analyses religious discrimination and Article 9 cases in employment, education, services and public spaces.

• Also analyses conflicts that can arise between the rights of religious persons and the rights of other groups.

Latest Report on the Implementation of the Race and General Framework

Directives, May 2013

• Parity between Directives• National Equality Bodies• Definitions• Clarifications• Implementation• Further possible new provisions

Parity between the Directives

• Need for protection outside employment on grounds of age, disability, sexual orientation and religion and belief

• Obliging Member States to designate an independent equality body for the promotion of equal treatment in the areas covered by the General Framework Directive.

National Equality Bodies

• Minimum standards for national equality bodies to guarantee their independence and effectiveness.

• Competencies of equality bodies

Definitions

• Explicit protection against discrimination by association and on perceived grounds

• Definition of disability

• Victimisation

• Definition of service and the type of services covered by the race directive

• Nationality exemption

Clarification

• The boundaries between education and vocational training

• The rules on the burden of proof in cases of victimisation and on reasonable accommodation

• The scope of positive action measures

Implementation

• Effective, dissuasive and proportionate sanctions across Member States

• Indirect discrimination.

Further possible new provisions

• multiple discrimination

• Protection for volunteers