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 - [email protected]
Thank you