COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 25.11.1999
COM (1999) 564 final
Communication fromthe Commission
to the Council, the European Parliament, the
Economic and Social Committee and the
Committee of the Regions
on certain Community measuresto combat
discrimination
21. I NTRODUCTION
The European Union is founded on the principles of liberty, democracy, respect for human
rights and fundamental freedoms and on the rule of law, principles which are common to the
Member States.1
The right to equality before the law and the protection of all persons against discriminationconstitutes a fundamental right and is essential to the proper functioning of democratic
societies. It contributes to the objectives of promoting economic and socialprogress and a high
level of employment through the strengthening of economic and social cohesion. In
Amsterdamin June 1997, the Heads of State and Government recognised that it has never been
more important to underline these principles. They agreed to strengthen the European Union's
capacity to act in this area by introducing Article 13 of the Treaty establishing the European
Community which provides the Community with specific powers to take action to combat
discriminationbased onsex, racialor ethnic origin, religion or belief, disability, age and sexual
orientation. Action to promote equal treatment and combat discrimination is important for the
sake of citizens and their commitment to the ideals of the Union. But it is also important,
including in the context of enlargement, to make clear that these principles must be more than
simple words .
Thepurposeoftheproposals presented under the coverofthis Communication is to give effect
tothe new powers bestowed uponthe Communityby Article 13.
2. B
ACKGROUND :THEINTERNATIONAL ,NATIONAL AND COMMUNITYCONTEXT
The right of individuals not to be discriminated against on arbitrary grounds has long been
recognised byInternationalOrganisations, the EuropeanUnionand its Member States.
2.1. The Internationalcontext
The right to non-discrimination is recognised as an autonomous right or associated with the
exercise of other fundamental rights by, inter alia, the UN Covenants on Civil and Political
Rights, Economic, Social and Cultural Rights; the UN Conventions on the elimination of all
forms of discrimination against women and against racial discrimination; the European
Convention on Human Rights and Fundamental Freedoms; and, limited to employment and
occupation, by the ILO Convention Nº 1112.
Although all EU Member States are either signatories to, or have ratified, these international
agreements, with the exception of the UN Convention on racial discrimination and ILO
Convention n° 111, this does not mean that individuals have a legally enforceable right to
redress. It means that the State has made a commitment to guarantee respect for the right to
non-discriminationwithinits jurisdiction.
1See Annex I regarding EU Declarations and other relevant documents adopted by the European Community
Institutionsand the Member States concerning Human Rights and Fundamental Freedoms
2See Annexes III and IV on UN and Council of Europe Human Rights Instruments and ILO Conventions.
32.2. The nationaldimension
There is considerable diversity in the constitutional and ordinary laws of the Member States
on the right to equality and the prohibition of discrimination.3
2.2.1.Constitutional Provisions
All Member States, except one, have Constitutional provisions outlawing various forms of
discrimination. The United Kingdom does not have a written Constitution, but its unwritten
constitutionprohibitsdiscrimination.
The wording ofthese constitutionalprovisions varies fromMember State to Member State. In
some cases, they explicitly mention a closed list of factors of discrimination which are
prohibited. In other Member States, the Constitutions establish an open-ended list, with
residual clauses forbidding discrimination in general terms, referring to matters such as "any
otherconditionorpersonalorsocialcircumstance"or"anyotherconsideration".
The Constitutions of most Member States explicitly cover the following grounds of
discrimination: race or ethnic origin; religion or belief; and, increasingly include
discrimination on the basis of disability4. Although many Member States have developed
ordinary legislation prohibiting age discrimination, only one Member State refers to age
explicitly in its Constitution, whilst the Constitutional Court of another Member State has
declared this ground to be implicit within its Constitution.5The courts of three Member
States6, have interpretedtheir nationalConstitutions to prohibit discrimination on the basis of
sexualorientation.
The "anti-discrimination or equality" Constitutional clauses are legally enforceable by
individuals in most Member States. In the other Member States individuals cannot fully rely
on Constitutional equality provisions when appearing before national tribunals: those
provisions are , however, principles which should inspire public action and, in certain cases,
could be invoked to justify a challenge to ordinarylaw on grounds ofconstitutionality.
2.2.2.Ordinary legislation
As far as ordinary legislation is concerned, all Member States' legal systems have regulations
governing equal treatment and non-discrimination in many facets of the employment
relationship, for example in the areas of access to employment, remuneration and working
conditions during employment.
3See Annexes V and VI on Member States constitutional and ordinary provisions to combat discrimination on
grounds ofracialandethnicorigin, religion or belief, disabilityageand sexual orientation
4Belgium, France, Luxembourg, Sweden do not have Constitutional provisions dealing with these grounds;
Spanish courts have interpreted Article14, which provides that "Spaniards are equal before the law, without anydiscrimination for reasons of birth, race, sex, religion, opinion, or any other personal or other social condition orcircumstance" to include disability; Italian courts have implied such a ground from Articles 3, 4 and 38 of theConstitution; and the Dutch Courtshave interpreted Article1 of the Netherlands' Constitution, "All persons in theNetherlandsshall betreatedequallyin equal circumstances. Discrimination on groundsofreligion,belief, politicalopinion,raceor sex or anyother groundswhatsoever shallnot bepermitted",toincludedisability.
5Article14 oftheSpanish Constitution.
6TheConstitutionalprovisionsofallthreeprovidefor an impliedrightagainstdiscrimination : Spain – Article 14;
The Netherlands – Article 1; and Finland - S5(2), asreferred to in the Preamble.
4In many Member States, equaltreatment and non-discrimination are established bygeneralor
residual clauses referring to "all phases of employment", "all working conditions" or "the
other conditions". Insome cases, they mentionspecific matters such as working time payor
promotion. Some Member States' systems also render void or ineffective certain clauses or
regulations if their effect is discriminatory or results in discriminatory treatment.
In more general terms, a number of Member States do not have comprehensive legislation
(other than isolated provisions contained in various labour or criminal codes) to combat
discrimination on the grounds of racial or ethnic origin, religion or belief, age and sexual
orientation.
Specific anti-discrimination legislation in two Member States does not cover age and sexual
orientation ;legislation in two other Member States does not cover age and disability and
legislation inanother Member State does not cover age .
2.3. EU context
2.3.1.Community LawThe European Community has a long-standing commitment towards equal opportunities and
equal treatment between women and men. It has also consistently shown its commitment to
eliminating all other forms of discrimination through a variety of instruments – joint
declarations, resolutions, directives and action programmes
7. The 1989 Community Charter
of the Fundamental Social Rights of Workers recognises the importance of combating every
formofdiscrimination inorderto ensure equaltreatment for all.
However, the Community was often criticised for not going further and in particular for the
lack of a specific legal base for action going beyond equal treatment for men and women in
the employment field.
In order to ensure the non-discriminatory application of Community legislation pending the
outcome of the IGC, the Commission, in its Communication on racism, xenophobia and
antisemitism of 13 December 1995, promised to propose the insertion, where appropriate, of
anti-discrimination clauses, both in new community instruments and when revising and up-
dating Communitylegislation.
Following this, general non-discrimination clauses were introduced in a number of
Commission's proposals, in particular in the amended revision of Regulation 1612/68 on
freedomofmovement for workers.
Moreover, as a matter of principle, Article 1 a) of Staff Regulations of officials of the
EuropeanCommunities as modified in1998 establish a non-discriminationclause on grounds
ofrace, political, philosophicalor religious belief, sexor sexualorientation .
In the Intergovernmental Conference in June 1997, the Heads of State and Government
included a new Article 13 in the Amsterdam Treaty providing the Community with specific
7See Annex II on relevant documents made byEuropean Union institutions concerning disability, racial or ethnic
origin,ageandsexualorientation.
5powerstotake actionto combat discriminationbased onsex, race orethnic origin, religion or
belief, disability, age and sexual orientation. At the Cardiff European Council in June 1998,
Heads of State and Government looked forward to further proposals for common action
following the Commission's Communication on an Action Plan against Racism .The Union's
commitment to the fight against discrimination was clearly confirmed by the European
CouncilofTampere ofOctober 1999.
2.3.2. Provisions on fundamentalrights
Article 6(2) of the Treatyon European Union states that the Union respects fundamental rights
as guaranteed by the European Convention on Human Rights. Article 14 of the European
Convention sets forth a general principle of non-discrimination. However, this provision is
significantly more limited than the proposed measures implementing Article 13 of the EC
Treaty. Although it prohibits discrimination, Article 14 of the Convention does not create any
independent rights and, furthermore, it only imposes obligations on Governments. In addition,
Article 14 refers to the principle of non-discrimination in very broad terms. In contrast, the
proposals to implement Article 13 of the Treaty lay down a legislative framework to be
implemented by the Member States and provide for directly enforceable judicial remedies
before national courts.
At the Cologne European Council meeting in June 1999, the Heads of State and Government
decidedthat a Charteroffundamentalrightsofthe EuropeanUnionshould be drawnup. The
elaboration of a Fundamental Rights Charter, even if this is a parallel exercise, has in this
respect considerable significance. However, it is not clear at this stage whether the Charter will
provide for directly enforceable judicial remedies. It would not be appropriate to make the
Article 13 proposals dependent uponthe finaladoptionofthe Charter.
2.3.3.Other EU initiatives
•AJ o i n tA c t i o n8on the basis of Article K.3 of the Treaty of European Union concerning
action to combat racism and xenophobia was adopted bythe Council on 15 July 1996. The
main objective of the Joint Action was to ensure effective judicial co-operation between
Member States in the fight against racism and xenophobia. In that context the Joint Action
refers to the need to prevent perpetrators of these offences from exploiting the fact that
these activities are classified differently in different Member States by moving from one
countryto another inorderto escape criminalproceedings.
A report on the assessment of the implementation of the Joint Action prepared in April
1998 showed that the conduct listed in the Joint Action are already punishable as offences
by Member States’ legislation or that Member states are reviewing legislation in order to
ensure that the activities listed in the Joint Action can be dealt with as criminal offences.
However, it was noted that additional steps could be taken, for example in the area of
contact points to develop the effectiveness of the Joint Action. A further review of the
implementationshould be undertakenbythe Councilbefore the end ofJune 2000.
The Commission will assess the necessity of further initiatives in this field, taking into
account the new types of legal instruments introduced by the Treaty of Amsterdam, and
taking into considerationthe reportonthe Joint Actiondue for June 2000.
8OJ L185of24.7.96, page5.
6•A Communication on crime victims in the European Union9was adopted in July 1999. It
focuses mainlyonthe personwho becomes a victim in another Member State that his own.
The purpose of the Communication is to initiate discussion on concrete measures to
improve the situation of crime victims. It proposes measures on prevention, assistance,
compensation and the standing of victims in the criminal procedure. The particular
vulnerabilityofcertaincategories of victims suchas victims of foreign origin would justify
special attention being paid to the assistance which can be afforded to them and in the
accessibilityto these services. The Conclusions ofthe Tampere European Council of 15-16
October 1999 underline the importance of improving the protection of victims and their
access to justice.
•In the framework of the training and exchange programmes in the field of judicial and
police co-operation, namely the Grotius and OISIN programmes, the Commission already
funded some projects which are relevant in preventing and combating racism and
xenophobia. These projects aim at facilitating judicial co-operation by improving
awareness of law, procedures and institutions of the Member States' systems; at improving
the waypolice officials are trained to deal with ethnic minorities, and at contributing to the
development ofnew policies inthe field ofrecruiting police officers, witha view of having
police forces reflecting the different communities and minorities more accurately.
On the basis of the results of these projects, the Commission is willing to support further
activities to strengthen judicial co-operation, the role of the law enforcement authorities
and police training in the field ofthe fight against racism and xenophobia.
3. C ONSULTATIONS
Long before the signature ofthe AmsterdamTreaty, various institutions and interested parties
– notably the European Parliament and NGOs – had called for European legislation to combat
discrimination. In particular, the need for racial legislation was widely acknowledged during
the 1997 European Year against Racism and, in its Social Action Programme 1998-2000, the
Commission announced that it would launch a broad debate on the implementation of Article
13, including the possibility of a framework programme to combat all forms of discrimination.
Following the signature of the new Treaty, the Commission held extensive consultations about
thescopeofsuch legislationwithcivilsocietyincluding the socialpartners, the Member States
and the EuropeanParliament.
This consultation took place in a formal series of seminars and conferences in Oxford,
Manchester, Innsbruck, Vienna and Berlin and in the Second Social Policy Forum in Brussels
in June 1998. A large number of representatives from the European institutions, the Member
States, civil society and the social partners discussed issues related to the fight against all the
forms of discrimination cited in Article 13 of the Treaty. Further discussions also took place
with the European Platform of Social NGOs and in the framework of the social dialogue. In
addition, the European Parliament adopted two Resolutions in January and December 1998,
which expressed clear views on the use of Article 13 in the field of racism and its Committee
on Employment and Social Affairs adopted a Working Document in March 1999 which gives
general support for a horizontal binding instrument to fight against discrimination. Finally,
9COM(1999)349 final.
7Representatives of the Governments of the Member States were consulted in the framework of
the High Level Group on Non-Discrimination.
During these consultations, the key actors involved confirmed the importance of four
principles:
•The need to move forward on a broad front: Community action addressing discrimination
across the board was considered necessary, taking account of the specificities but also the
similaritiesofdiscriminationonthedifferent grounds;
•The need to take account of the varying levels of progress made in the Member States: while
some Member States have relied on constitutional clauses alone to assert rights to non-
discrimination, others have developed veryspecific legislation incertainareas;
•The need to make full use of the available momentum and political will to secure greater
progress where this was possible in specific areas;
•The need to contribute to the development of practical policies on the ground as well as to the
establishment of the right not to be discriminated against: dual approach based on binding
legislationaccompanied and reinforced byanactionprogramme.
4. T HECOMMISSION 'S PACKAGEOFPROPOSALS
The Commission has taken full account of these views, and of the more detailed comments it
has received, in developing its package of proposals. It has also drawn onthe experience of the
Community in combating gender discrimination. This has shown that, while legislation to
outlaw discrimination is an essential part of an effective strategy to change attitudes and
behaviour, sending clear signals about what society regards as acceptable or unacceptable, it is
not sufficient on its own. Legislation must be underpinned by concrete action which enables
people to learn from the successes and failures of others and to build those lessons into their
ownactionto tackle discriminationat locallevel– where it is often most effective.
The Treaty provides the Council with the power to take appropriate action to combat
discrimination. Experience inthe field ofgender discriminationhas shownthat oneofthe most
effective ways to combat discrimination is through promoting equal treatment, while at the
same time allowing the possibility for Member States to adopt positive action to compensate
for long-standing inequalities suffered by groups of people who, historically, have not been
afforded equaltreatment.
The Community is already active in the fight against discrimination in particular in the
employment and social fields. The Commission has taken this experience into account in
proposing a range of initiatives based on a mix of legal instruments, which builds on these
efforts while recognising that discrimination goes beyond the labour market and calling for an
integrated approach. Taken together, this package will contribute to combating discrimination,
including throughthe promotionof equaltreatment.
The draft directives proposed by the Commission do not affect the principle of equality
enshrined in national Constitutions and in Common Law. They simply intend to supplement
and reinforce national legislative measures implementing the principle ofequality.
8First, the Commissionproposes a directive to combat discrimination in the labour market on all
grounds referred to in Article 13, with the exception of sex, which has been covered by
important Community legislation going back as far as the 1970s and which has a specific
legal basis for action in the employment field (Article 141 of the TEC). This proposal will
tackle the area in which discrimination on all grounds is most evident and where it is
frequently most damaging to individuals'chances ofsuccess insociety.
Second, the Commission proposes a directive to combat discrimination on grounds of racial
and ethnic originwhichgoes beyond the labour market .This takes account of the experience of
the Community during the European Year against Racism and, in particular, of the strong
political will which exists to take action to combat as many aspects as possible of racial
discrimination.In formulating these proposals, the Commission has takenaccount of past action
in related fields, in particular the experience of fighting discrimination on grounds of sex
embodied in Directives 76/207/EEC (Equal Treatment) and the following directives, including
Directive 97/80/EC (Burden of Proof). It has also taken into consideration international legal
instruments in the field ofdiscrimination.
It is important to underline that the material scope of the two draft directives overlaps to the
extent that both cover discrimination based on racial or ethnic origin in employment. The
reason for this is that the proposals, while similar in design, are intended to be independent
pieces of legislationthat could stand alone. Ifone directive were adopted bythe Council before
the other,the remaining proposalwould be amended accordingly .
Third, the Commission proposes a programme of action, designed to complement the
legislative proposals by supporting and supplementing the Member States' efforts to combat
discrimination .This will address all grounds of discrimination covered by Article 13 of the
Treaty, except sex discrimination. In the light of the Community's experience in previous
action in this field and of the specific importance attached to the principle of equality between
women and men by other Treaty provisions – notably Articles 2, 3 and 141 EC –
discriminationongrounds ofsex will be included within a new programme on gender equality,
that the Commission is currently preparing. However, according to the new provisions of
Articles 2 and 3 EC, the Commission will ensure that a gender perspective is effectively
included inallactions and activities addressed inthe programme to combat allother grounds of
discrimination.
The Community has considerable experience in supporting practical measures to assist other
groups which are frequently victims of discrimination – visible minorities, the elderly and
people withdisabilities. Muchofthis experience has focused on measures designed to integrate
individuals into society rather than to combat at source the discrimination which they suffer.
Nevertheless, this experience has been taken into account in the design and structure of the
proposed action programme and, in particular, in the emphasis it places on the involvement of
discriminated groups in its implementation.
Together, these three proposals will constitute a comprehensive basis for action, providing a
minimumlevel oflegalrights not to be discriminated against, supported bypractical action to
promotethe effective applicationofthose rights onthe ground.
But they are not the Community's only response. It is vital that the fight against discrimination
is carried throughallrelevant activities at Communityand nationallevels. The Communityhas
launched a range ofactions whichtake account ofthis need.
9First, the Employment Guidelines commit Member States to make the fight against
discrimination against women a priority for all their actions in the labour market. They also
require them to give special attention to the needs of the disabled, ethnic minorities and other
groups and individuals who may be disadvantaged in the labour market, including by
discrimination.
Second, these groups can benefit from the ordinary assistance of the Structural Funds. In
addition, the European Social Fund will, through the new Community Initiative EQUAL,
address issues linked to exclusion, discriminationand inequality, to the extent that they interact
with employment. It will focus on thematic priorities agreed between the Member States and
the Commission, which relate to the four pillars of the European Employment Strategy. The
Community Action Programme will not provide support for actions which are eligible for
funding under EQUAL.
Third, the new Education, Training and Youth programmes will continue to promote, , the
integration of disadvantaged groups, including people exposed to discrimination on various
grounds, as one oftheir horizontalpriorities.
Fourth, as noted above, the Commission is preparing a new CommunityAction Programme for
Equality between Women and Men to build on the valuable gains of the current Community
Programme whichcomes to anend on31 December 2000.
Finally, the Commission is also preparing a programme of action to combat social exclusion
under Article 137. Discrimination can, of course, be a contributory factor leading to social
exclusion. The Inclusion Programme will promote policy-oriented co-operation at Community
level to underpin Member States' efforts to prevent and combat social exclusion. It will focus
on measures to support Member States' efforts to promote the integration of groups which are
excluded or are at risk of exclusion, while the programme included in this package based on
Article 13 will concentrate on supporting and improving the effectiveness of Member States'
measures to combat discrimination.
Beyond this, the Commission intends to turn to good account the new opportunities given by
the coming into force of the Amsterdam Treaty and made clear by the conclusions of the
extraordinary European Council of Tampere. In fact, the rejection of all forms of
discrimination particularly of racism and xenophobia, is an essential condition for the
maintenance and development of the European Union into an area of freedom, security and
j u s ti c easf or e s e e ni nA r ti cl e2ofth eTU E.
Alreadytakenup bythe Commission in its communicationofJuly199810,repeated inthe letter
by President Prodi to the Finnish Prime Minister Lipponen dated 23rdSeptember 1999 and
supported by the European Parliament resolution dated 16thSeptember 1999, this fundamental
principle was confirmed bythe Heads of State and Government without ambiguity, and what is
needednow is its implementation.
Moreover, it will also be up to the Commission to continue it’s action in the fight against
discriminationbyusing the right ofinitiative inrespect to new measures coming under Title VI
TUE wherein Article 29 contains an express reference to the prevention of racism and
xenophobia, and ofTitle IV TCE especially in the fields ofasylumand immigration.
10COM(98)459 finaldated 14.07.1998.
105. ECONOMIC IMPACT
Evidence from the Member States shows that groups of people who are most frequently the
victims of discrimination are likely to experience the greatest difficulties in terms of social
integration and, in particular, of access to the labour market. The two draft directives, by
combating discrimination ina varietyof situations, willpromote wider social participation and,
inparticular, employability, thus supporting people's abilityto fulfiltheir potential in economic
and social terms. At the same time, they will ensure that society and enterprises are able to
make best use of their human resources. To achieve this gain, some enterprises in Member
States which currently have no or limited non-discrimination provisions will experience
temporary costs associated with adjusting to the new requirements (such as training relevant
staff).
This point is explored in greater detail for the two directives in the impact assessment forms
whichare attached to eachproposal.
6. SUBSIDIARITY AND PROPORTIONALITY :JUSTIFICATIONAND ADDEDVALUE
In introducing the new Article 13 into the Treaty, Heads of State and Government recognised
that there is a need for the Community to take action to combat discrimination. Nevertheless,
the fight against discrimination is not an area of exclusive Community competence and, in
accordance with Article 5, the Community must therefore act only if and insofar as the
objectives ofthe proposed actioncannot be sufficientlyachieved bythe Member States and can
therefore, by reason of the scale or effects of the proposed action, be better achieved by the
Community.
This test is met bythe three proposals annexed to this Communication.
Subsidiarity
Most Member States have included in their constitutional and/or legal order provisions which
assert the right not to be discriminated against. However, the scope and the enforceabilityof such
provisions– andtheeaseofaccessto redress– varygreatlyfromone Member Stateto another.
The draft directives would lay down a set of principles on equal treatment covering key issues,
including protection against harassment, the possibility for positive action, appropriate
remedies and enforcement measures .These principles would be applied in all Member States,
thus providing certainty for individuals about the common level of protection from
discrimination they can expect. Common standards at Community level can only be achieved
throughco-ordinated action.
Proportionality
If European legislation is necessary to reach the objectives of the Treaty, it must nevertheless go
no further than is necessaryto reach those objectives.
In light of the differences that still exist in the ordinary legislation of the Member States, it is
necessaryto define commonprinciples inorder to give effect to Article 13.
However,during the extensive consultations withall interested parties, boththe Member States
and the NGOs emphasised how important it was to respect the different traditions of the
11Member States, both to enable flexibility in implementation and to avoid interfering with the
good practices which already exist in some Member States. Therefore, the proposals intend to
set a limited number of requirements based on a number of general principles, allowing
Member States considerable discretion in how they choose to implement them. This takes
account of the different traditions and circumstances of Member States and, furthermore, it
does not prevent Member States going further. Moreover, this approach is not new since it was
alreadytaken byCommunitylegislationonequalitybetweenmenandwomen.
The draft Decision on the Action Programme enables multi-lateral co-operation between actors
in the Member States leading to an improvement in the effectiveness of policies and practices
to combat discrimination across the Community. Such co-operation requires co-ordination at
European level both to ensure efficiency and to avoid overlap with other Community
initiatives. The programme was designed following an extensive evaluation ex anteto identify
the ways in which Community support could best add value to Member States' existing
practices.
CONCLUSION
The Commission has prepared this package over a long period, as a result of extensive
consultations with the Member States, NGOs, the socialpartners and the European Parliament.
The issues raised are particularlysensitive because theydirectlyaffect society's conceptions.
The Commission is taking a reasonable, progressive and pragmatic approach. The Action
Programmeaims to raise awareness about discrimination ingeneral, whichaffects a significant
number of people either directly or indirectly. The two directives lay down a limited number
of requirements, while leaving the necessary margin of discretion to the Member States in how
theychoose applythem.
The two proposed directives are intended to give effect to Article 13 of the Treaty. The first
directive establishes a general framework for equal treatment in the employment field, by
prohibiting discrimination on the various grounds set forth in Article 13. The second directive
is a response to the many calls to combat racism in fields beyond employment, prohibiting
discrimination in other areas which fall within the competence of the Community. For these
reasons, following the call for action by the Tampere European Council, and without prejudice
tothe preparationofa European Charter of fundamental rights, the Commission considers that
it isnecessarytomove forwardnow.
Community action is a clear signal that discrimination is not acceptable within the European
Union.
12ANNEXES
I. Declarations and documents fromEC Institutions and Members States on Fundamental
Rights and Freedoms
II. Documents from EC Institutions on disability, racial or ethnic origin, age and sexual
orientation
III. Table: UN and Council of Europe Human Rights Instruments to which EU Member
States arenot parties
IV. Table: ILO Conventions
V. Table:Constitutionalprovisionstocombat discrimination
VI. Table:Statutoryprovisionstocombat discrimination
13ANNEX I
EU declarations and other relevant documents of the European Community institutions and Member
StatesconcerningHuman RightsandFundamental Freedoms
•Paris Summit Declaration (19 and 20 October 1972).
•Document on theEuropean Identity(Copenhagen Summit, 14 December 1973).
•JointDeclaration on FundamentalRights(European Parliament, CouncilandCommission, 5April1977).
•Declaration on Democracy(Copenhagen European Council, 8 April 1978)
•SingleEuropean Act(February1986).
•Statement on Human Rights (Foreign Ministers meeting in the framework of European political cooperation,
andCouncil, 21July1986).
•Declaration ofFundamental Rightsand Freedoms (European Parliament, 12 April1989).
•Declaration on Human Rights (LuxembourgEuropean Council, 28and29June1991).
•Resolution on Human Rights, Democracy and Development (Council and Member States meeting within the
Council, 28 November 1991).
•Treaty on European Union (Preamble, common provisions and specific provisions on citizenship of the
Union, development cooperation, a common foreign and security policy, and cooperation in the fields ofjusticeandhomeaffairs).
•Resolution of 10 February1994 on the Constitution of the European Union (European Parliament). (OJ 1994
C 61/155). (There is an annex to this resolution: Draft Constitution of the European Union of 1994, adoptedbytheinstitutional committeeoftheEP).
•Resolution of 6 May 1994 on violations of the freedoms and fundamental rights of women (European
Parliament).
•Commission Communication on the inclusion of respect for democratic principles and human rights in
agreements between theCommunityandThirdCountries (COM (95) 216 of23May1995).
•Commission Communication" The European Union and the External dimension of Human Rights Policy:
From Rome to Maastrichtand Beyond" (COM (95) 567 of 22 November 1995).
•Report from the Commission on the implementation of measures intended to promote observance of human
rightsand democraticprinciples (for 1995)COM/96/0672final.
•Resolution of 12 December 1996 on human rights throughout the world in 1995-96 and the Union's human
rightspolicy(European Parliament).
•Resolution on theCommission report on theimplementation of measures intended to promote observance of
humanrights and democraticprinciples (for 1995)(European Parliament)(C4-0095/97).
•The Amsterdam Treaty (for instance Article 2, 6, 7, 11, 46 and 49 of the TEU and Articles 12, 13, 17, 136,
141).
•Resolution of 19 December 1997 setting up a single co-ordinating structure within the European Commission
responsiblefor humanrightsand democratisation (European Parliament)(A4-0393/97).
•Conclusionsof the Luxembourg European Council of 12-13 December 1997.
•Resolution onrespect for humanrightsin European Union (1996)(European Parliament(A4-0034/98).
•ConclusionsoftheCardiffEuropean Councilof15-16 June1998.
•Communication from the Commission to the Council and European Parliament of 12 March 1998:
'Democratization, the rule of law, respect for human rights and good governance: the challenges of thepartnership between theEuropean Union and the ACPStates' COM (98) 146 final.
•Common Position of 25 May 1998 defined by the Council on the basis of Article J.2 of the Treaty on
European Union, concerning human rights, democratic principles, the rule of law and good governance inAfrica.
14•Declaration of the EU adopted on 10 December 1998 on the Occasion of the 50thAnniversary of the
Universal Declaration of Human Rights.
•Council Regulation EC N° 975/1999 of 29 April 1999 laying down the requirements for the implementation
of development cooperation, which contribute to the general objective of developing and consolidatingdemocracy and the rule of law and to that of respecting human rights and fundamental freedoms OJ L 120/8of8.5.99.
•Council Regulation EC N° 976/1999 of 29 April 1999 laying down the requirements for the implementation
of Community operations, other than those of development cooperation, which, within the framework ofCommunity cooperation policy, contribute to the general objective of developing and consolidatingdemocracy and the rule of law and to that or respecting human rights and fundamental freedoms in thirdcountries OJ L120/8of8.5.99.
•Barros Moura Report on human rights in the world (1997-1998) and the policy of the EU in the field of
humanrights A4-0410/98 (European Parliament).
•Schaffner Report onrespect for humanrightsin theEUin 1997. A4-0468/98(European Parliament)
•ConclusionsoftheCologneEuropean Council (3/4June1999)andmoreparticularlyDecision on thedrawing
up of a Charter of fundamentalrights of theEuropean Union.
15ANNEX II
Relevant Documents of European Union institutions concerning disability, racial or ethnic origin, age and
sexual orientation
DISABILITY
Resolutions
Council Resolution of the Representatives of the Governments of the Member States of the European
Communities meeting within the Council on the 21 December 1981 concerning on the social integration ofhandicapped peopleat Communitylevel ( OfficialJournalNo. C347 ofthe31December1981 )
Resolution of the Council and the Ministers of Education meeting within the Council on the 31 May 1990
concerning integration of children and young people with disabilities into ordinary systems of education ( Official
JournalNo. C162of3July1990)
Resolution of the European Parliament of 14 December 1995on the human rights of disabled people (OJ No C 17
of 22January 1996 )
Resolution oftheEuropean Parliamenton therightsofdisabled persons (A4-0391/96)
Resolution oftheEuropean Parliamenton theequalityofopportunitiesfor peoplewith disabilities (A4-0044/97)
Resolution of the Council and the representatives of the Governments of the Member States meeting within the
Council of 20 December 1996 on Equalityof opportunityfor people with disab ilities(OfficialJournal C012 of 13
January1997)
Council Resolution of 17 June 1999 on equal employment opportunities for people with disabilities ( Official
JournalC186of2july1999).
Decisions
Council decision (88/231/EEC) of 18 April 1988 establishing a second Community action program for disabled
people(HELIOS) (OfficialJournalL 104 of23April 1988)
Council decision (93/136/EEC) of 25 February 1993 establishing a third Community action program to assist
disabled people(HELIOS II 1993-1996) (OfficialJournalNo. L234of17September1993)
Council decision (93/512/EEC) of 21 September 1993 on a Community technology initiative for disabled and
elderlypeople(TIDE)(1993to1994) (OfficialJournalL 240of25September 1993)
Recommendations
Council recommendation (86/379/EEC) of the 24 July 1986 on the employment of disabled people in the
Community( OfficialJournalNo. L225ofthe12December1986 )
Reports
Report by the Commission to the European Parliament and the Council on the implementation and the results of
theHELIOS program(1988-1991) (SEC/92/1206 FINAL)
Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and
the Committee of the regions on the evaluation of the third Community action program to assist disabled people(HELIOS II 1993-1996) (COM/98/0015FINAL)
Conclusions
Conclusions of the Council on the employment of disabled people in the Community ( O JN oC1 7 3o f1 2J u n e
1989
Communications
Communication of the Commission on Equality of opportunity for people with disabilities – A new European
CommunityDisabilityStrategy (COM (96)406 FINAL)
16RACIAL ORETHNICORIGIN
Resolution
Resolution of the Council and the Representatives of Governments of the Member States, meeting within the
Councilof29 May1990 on thefightagainstracismandxenophobia (OfficialjournalNoC157of27June1990)
Resolution on racism and xenophobia (European ParliamentB4-0261/94).
Resolution onracism, xenophobiaandanti-semitism (EuropeanParliamentB4-1239/95).
Resolution of the Council and the representatives of the governments of the Member States, meeting within the
Councilof5 October 1995on combatingracismandxenophobia in thefield ofemploymentandthesocialfield.
Resolution of the Council and the Representatives of the Governments of the Member States of 23 July 1996 on
theEuropean Year againstracism(1997)( OfficialJournalC 237 of15august1996).
Resolution by the European Parliament on racism, xenophobia and anti-Semitism and the result of the European
Year AgainstRacism (1997) (OfficialJournal C056 of 23 February1998)
Declarations
The 1986 Joint Declaration against Racism and Xenophobia of the European Parliament, the Council and the
Commission (OfficialJournalC 158 of25June 1986)
Declaration on Anti-semitism,RacismandXenophobia ( DublinEuropean Council, 25and26June1990).
Declaration on Racismand Xenophobia (MaastrichtEuropeanCouncil, 9and10 December1991).
Joint Declaration of The Social Partners on the Prevention of Racial Discrimination and xenophobia and the
Promotion ofEqualTreatmentattheWorkplace (October1995)
Declaration by the Council and the Representatives of the Governments of the Member States, meeting within the
Council of the 24 November 1997 on the fight against racism, xenophobia and anti-Semitism in the youth field(OfficialJournalC 368 of5 December1997)
Declaration by the Council and the representatives of the Governments of the Member States, meeting within the
Council of the 16 December 1997 on respecting diversityand combating racism and xenophobia (Official Journal
C 001of3January1998)
Regulations
Council regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Center on racism and
Xenophobia (OfficialJournal L151of10June1997)
European Council Conclusions
ConclusionsoftheCorfu European Council of24-25 June1994onracismandxenophobia.
Conclusionsof theEssen European Council of 9-10 December 1994onracismandxenophobia.
ConclusionsoftheCannesEuropean Councilof25-26 June1995 on racismandxenophobia.Conclusionsof the Madrid European Council of 15-16 December 1995onracismandxenophobia.
ConclusionsoftheFlorenceEuropean Councilof21-22 June1996 on racismand xenophobiaConclusionsof the Dublin European Council of 13-14 December 1996onracismandxenophobia.
Communications
Communication from the Commission on racism, xenophobia and anti-semitism and proposal for a Council
Decision designating 1997 asEuropean Year against Racism (COM(95)653 final.)
Commissions Communication, An action plan against Racism (COM (98)183 FINAL)
Others
JointAction of15 July1996 adopted bytheCouncil on thebasis of Article K.3 of theTreatyon European Union,
concerning action to combat racismand xenophobia.
Reports of the Consultative Committee on Racism and Xenophobia (the Kahn Committee) drawn up for the
meetings oftheEuropean Councilin Essen, Cannes, Madridand Florence.
17AGE
Recommendation
Councilrecommendation of 10 December 1982on theprinciples of a Communitypolicywith regard toretirement
age(OfficialJournal No. L 357 of18 December1982)
Reports
Report from the Commission to the Council on the application of the Council recommendation of 10 December
1982 on theprinciples ofa Communitypolicywithregardtoretirementage (COM(86)0365 FINAL)
Report from the Commission on the application in Member States of the Council Recommendation 82/857/EEC
of 10 December 1982 on the principles of a Community policy with regard to retirement age (SEC/92/2288
FINAL)
SEXUAL ORIENTATION
Resolutions
Resolution byParliament on sexual discrimination attheworkplace (OfficialJournalNoC104of16April1984
Resolution byParliament on discrimination againsttranssexuals (OfficialJournalNo. C 256of9 October1989)
Resolution by Parliament on equal rights for homosexuals and lesbians in the EC (Official Journal No. C 061 of
28 February 1994)
Declarations
Council declaration of 19 December 1991on theimplementation oftheCommissionrecommendation on the
protection of the dignityof women andmen at work, includingthe code of practice to combat sexualharassment(OfficialJournalNoC 027 of4 February1992)
18ANNEX III
PrincipalUnited Nations and CouncilofEurope Human Rights Instruments to which
EU Member States arenot parties (taken from"Leading byExample: AHumanRights
Agenda for the EuropeanUnion for the Year 2000"11)
A Be Dk FIN F De GR IRL IT Lux NL P E S UK
UN UN
1 1
2 2
3 3
4 4
5x X 5
6X 6
7 x7
8x x x8
CoE CE
9 9
10 10
11 xx 1 1
12 x X x1 2
13 x x X X x x x 13
1 4 xx xx 1 4
15 x x x 15
16 16
17 x 17
11A project of theEuropean UniversityInstitute funded bytheEuropean Commission, marking the 50thanniversaryoftheUniversalDeclaration ofHuman Rights– October 1998
19A Be Dk FIN F De GR IRL IT Lux NL P E S UK
1 8 xx xxxxX x xxxx 1 8
19 19
20 X2 0
21 Xx 2 1
22 22
2 3 xx xx X x xx x 2 3
24 x X x x x x 24
25 x x X x x X x X x x 25
2 6 xxXxxxXXXxXxx x 2 6
2 7xxX xxXXXx xxxx 2 7
28 x x X X x X x x 28
20ANNEX III
United Nations :
1) TheInternationalCovenant on Economic, SocialandCulturalRights.
2) TheInternationalCovenant on Civiland PoliticalRights(ICCPR).
3) TheConvention on theElimination ofAllFormsofDiscrimination againstWomen.4) The Convention on theRights of the Child.5) The Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment.6) TheConvention on theElimination ofAllFormsofRacial Discrimination7) TheOptionalProtocol totheICCPR.8) The Second Optional Protocol to the ICCPR.Council of Europe :
9) The Convention for the Protection of Human Rights and Fundamental Freedoms (ETS no. 5) as
complemented by Protocol No. 2 (ETS No. 44) of 6 May 1963 and amended by Protocol No. 3 (ETSNo. 45) of6 May1963, Protocol No. 5(ETS No. 55) of20 January1966 and Protocol No. 8 (ETS No.118) ofMarch 1985 (theECHR.
10) The Protocol to the ECHR (ETS No. 9, dealing inter alia with the right to peaceful enjoyment of
possessions, the right to education, freedom of expression and opinion through free elections, theapplication oftheECHRtoMember Stateterritories.
11) Protocol No. 4 to the ECHR, securing certain rights and freedoms other than those already included in
the Convention and the first protocol thereto (ETS No. 46)
12) Protocol No. 6totheECHRconcerningtheAbolition oftheDeath Penalty(ETSNo. 114)13) Protocol No. 7 to the ECHR (ETS No. 117, dealing inter alia with rights of lawfully resident aliens,
and rightsarising in criminal proceedings.
14) Protocol No. 9 to the ECHR (ETS No. 140, on matters concerning the jurisdiction of the European
Courtof Human Rights).
15) Protocol No. 10 to the ECHR (ETS No. 146, amending Article 32 of the ECHR with a view to
reducingthetwo-thirdsmajoritymentionedtherein.)
16) Protocol No. 11totheECHR(ETSNo. 155,restructuringthecontrolmachineryestablished thereby).17) The European Agreement relating to persons participating in Proceedings of the European
Commission and Court of Human Rights(ETS No. 67, concerning certain immunities and facilities forpersons participating in legal proceedings).
18) European Agreement relating to persons participating in proceedings of the European Court of Human
Rights (ETS No. 161 concerning certain immunities and facilities for persons participating inproceedingsin theEuropean Court of Human Rights,having regard to Protocol 11).
19) The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment(ECPT)(ETS No. 126.)
20) Protocol No. 1 to the ECPT (ETS No. 151, concerning the accession of non-member states of the
CouncilofEurope).
21) Protocol No. 2to theECPT (ETS No. 152, on matters concerningrenewal of membership of members
oftheEuropean Committeefor thePrevention ofTorture).
22) The European Social Charter (ESC) (ETS, No. 35)23) The Additional Protocol to the ESC (ETS No. 128, concerning the extension of social and economic
rights provided in theESC).
2124) The Protocol amending the ESC (ETS No. 142, containing measures designed to improve the
supervisorymachinery).
25) Additionalprotocol totheESC providingfor aSystem ofCollectiveComplaints(ETS No. 158).
26) European SocialCharter (Revised) (ETS No. 163).27) European Charter for Regionalor MinorityLanguages (ETS No. 148).28) Framework Convention for theProtection ofNationalMinorities (ETS157).
22ANNEX IV
Some relevant ILO Conventions
A Be Dk FIN F DE GR IRL IT Lux NL P E S UK
ILO
111Xxxxxxx X xxxx
142X xxxxxxX xxxxx
159 xxxxxx x xx
ILO CONVENTIONS
•Convention 111 concerningdiscrimination inrespect ofemploymentand occupation,1958.
•Convention 142 concerningvocationalguidanceandvocationaltrainingin thedevelopmentofhumanresources, 1975.
•Convention 159 concerningvocationalrehabilitation andemployment (disabled persons),1985.
23ANNEX V
CONSTITUTIONAL PROVISIONS TO COMBAT DISCRIMINATION ON GROUNDS OF RACIAL OR ETHNIC ORIGIN,
RELIGION OR BELIEF, DISABILITY12, AGE OR SEXUAL ORIENTATION
MemberState Constitutionalprovision Groundscovered Legally enforceable right
Belgium Article 10, 11 and 191 of the
Constitution.General principle ofequality. Fulleffect.13
Denmark Article70 ofTheConstitution. Racial or ethnic origin and
religion or belief.Fulleffect.
Germany Article 3 of the Constitution. Racial or ethnic origin, religion
or belief and disability.Fulleffect.
Greece Article 4.1, 5.1 and 5.2 of the
Constitution.Racial or ethnic origin and
religion or belief.Fulleffect.
Spain Article14oftheConstitution. Racial or ethnic origin and
religion or belief.14Fulleffect.
12Most Member Stateshavegeneralconstitutionalprovisionson theintegration ofdisabled peoplebut thesearenotmentionedin thistable.
13Full effect means that theprovision islegallybinding and gives rise to judicialredress
14The wording of the article is comprehensive and for that reason it could be argued that the article also covers discrimination on grounds of disability , age and sexual
orientation.
24MemberState Constitutionalprovision Groundscovered Legally enforceable right
France Article2oftheConstitution. Racial or ethnic origin and
religion or belief.Fulleffect.
Ireland Article 40 ofthe Constitution. Generalprinciple ofequality. Fulleffect.
Italy Article3oftheConstitution. Racial or ethnic origin and
religion or belief.15Fulleffect.
Luxembourg Article 11 ofthe Constitution. Generalprinciple ofequality. Limited effect.16
The Netherlands Article1oftheConstitution. Racial or ethnic origin and
religion or belief.17Full effect.
Austria A rti cl e7 .1ofth eC on s ti tu ti on .
Racial or ethnic origin, religion or
beliefanddisabilityLimited effect.
15S e efoo tno te8.
16Limited effect meansthat general principles maybe deduced from the constitutional provision.
17S e efoo tno te8
25MemberState Constitutionalprovision Groundscovered Legally enforceable right
Portugal Article13oftheConstitution. Racial or ethnic origin and
religion or belief.Fulleffect.
Finland Section 5 of the Constitution. Racial or ethnic origin, religion or
belief, disabilityandage18.Limited effect.
Sweden Chapter 2 article 1.6, 15 and 20.6
oftheConstitution.Racial or ethnic origin and
religion or belief.Limited effect.
The UnitedKingdom Does not have a written
Constitution.
18Discrimination on groundsofsexual orientation isimplicitlycovered.
26ANNEX VI
STATUTORY PROVISIONS, OTHERTHANPENAL PROVISIONS, TO COMBAT DISCRIMINATIONONGROUNDSOF RACIALOR
ETHNICORIGIN, RELIGIONORBELIEF, DISABILITY19, AGEOR SEXUALORIENTATION
MemberState Lawsorcollective agreements Groundscovered Scope
Belgium Collective agreement of 6
December 1983 concerning the
recruitment and selection of
workers.Racial or ethnic origin, religion or
beliefandage.Employment.
Denmark Act 459 of 12 June 1996 on
prohibition against discrimination
in respect of employment and
occupationetc.Racial or ethnic origin, religion or
beliefandsexualorientation.Employment.
Germany Civil Service codes and the
Works Constitution Act (Betr
VG)Racial or ethnic origin, religion
or belief.Employment
Greece No anti-discrimination law. - -
Spain T h eW o r k e r sS t a t u t eA c t
("Estatuto delosTrabajadores")20.Racial or ethnic origin, religion or
beliefandage.Employment.
19Only legislation which makes it unlawful to discriminate against disabled people are mentioned in the table. Concerning the integration of the disab led people several
Member States have systems of compulsory employment or quota schemes (Germany, Greece, Spain, Italy, Luxembourg, the Netherlands and Austria) whil e others rely on
subsidiestoemployers.
20Revised text approved bytheRoyal LegislativeDecreeN° 1/1995 of25 March 1995.
27MemberState Lawsorcollective agreements Groundscovered Scope
France TheLabourCode. Racialor ethnic origin, religion or
belief, disability and sexual
orientation.Employment.
Ireland21Employment Equality Act, 1998. Racialor ethnic origin, religion or
belief, disability, age and sexual
orientation.Employment.
Italy Law no. 300 of may 20, 1970
(Workers Statute) and law no. 40
of6 march1998.Racial or ethnic origin and
religion or belief.Employment (Workers Statute)
and the provision of services and
goods (law no 40).
Luxembourg No anti-discrimination law. --
The Netherlands22The EqualTreatment Act(1994) Racialor ethnic origin, religion or
beliefandsexualorientation.Employment, Advice regarding
choice of education or career and
provisionofgoods and services.
21Legislation prohibiting discrimination on thesamegrounds asTheEmployment EqualityAct in education, the provision of goods and services and the d isposal of property
andaccommodation (Equal StatusBill) waspresentedtotheNational Parliament on 15 April1999.
22Proposalsfor legislation prohibitingdiscrimination on groundsofageanddisabilityiscurrentlybeingprepared
28MemberState Lawsorcollective agreements Groundscovered Scope
Austria The Introductory Act to the
Administrative Procedures Code
(Verwaltungsverfahrengesetze ).Racial or ethnic origin and
religion or belief.Provision of public service and
admissionto public places.
Portugal No anti-discrimination law. - -
Finland The Act on Contracts of
Employment.Racial or ethnic origin, religion or
belief, ageandsexualorientation.Employment.
Sweden The Employment Protection Act
(1982), The Ethnic Discrimination
Act (1999), Act on Discrimination
of people with disabilities (1999),
Act on discrimination on grounds
ofsexualorientation(1999)Racial or ethnic origin, religion or
belief, handicap and sexual
orientation.Employment.
The UnitedKingdom The Race Relations Act 1976 and
The DisabilityDiscrimination Act
1995.Racial or ethnic origin, religion or
beliefanddisability.Employment, training, education,
the provision of goods, facilities
and services, or the management
and disposalofpremises.