WRITTEN QUESTION E-3479/01

by Michl Ebner (PPE-DE) to the Commission

(8 January 2002)

Subject: Combating discrimination

On the basis of the Community action programme to combat discrimination 2001-2006 the Directorate-General for Employment and Social Affairs has called for the submission of proposals (VP/2001/19). Specifically the proposals are to be for support to umbrella European level non-governmental organisations representing and defending the rights of people exposed to discrimination.

The main purpose is to contribute to the fight against discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation.

The Community rightly combats multiple forms of discrimination and in the process bases itself inter alia on Article 2 of the Universal Declaration of Human Rights (UN 1948) which rejects discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Can the Commission confirm that the call referred to above, despite the broad definition of ethnic origin, excludes linguistic minorities?

If so, can the Commission explain why an action programme to combat discrimination should ignore/exclude/pass over/discriminate against 40 million members of linguistic minorities who are in some cases subject to daily discrimination on the basis of their language? Moreover, such discrimination also occurs in fields such as employment, education, the provision of goods and services and social protection, which are mentioned in this very action programme.

Does the Commission believe that European citizens cannot be subject to discrimination on the basis of their language?

Answer given by Ms Diamantopoulou on behalf of the Commission

(1 February 2002)

The programme to combat discrimination is based on Article 13 of the EC Treaty. This Article stipulates that the Community may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It makes no mention of discrimination on the basis of language. Consequently, this programme cannot cover measures to combat discrimination on the basis of language, and the concept of discrimination on the basis of language is not covered by the concept of discrimination based on ethnic origin in either Article 13 of the EC Treaty or Directive 2000/43/EC(1). The same applies to other international instruments(2). Consequently, the call for proposals VP/2001/019 is not open to non-governmental organisations that defend the use of regional or minority languages in Europe.

Having said that, respect for linguistic and cultural diversity is now enshrined in Article 22 of the European Charter of Fundamental Rights, which states that the Union shall respect cultural, religious and linguistic diversity. Following an initiative from Parliament, which has adopted a series of resolutions on this subject, the Union has taken measures to preserve and promote the regional and minority languages of Europe. This action to foster regional and minority languages covers several aspects, including, in particular, support for the running costs of the European Bureau for Lesser Used Languages. Moreover, a series of initiatives financed by the Community to support these languages may be consulted at the following Internet address: http://europa.eu.int/comm/education/langmin_fr.html. Lastly, mention should be made in this connection of the European Year of Languages in 2001, in which many initiatives to promote regional or minority languages were financed. Further information on this Year is available at the following address: http://www.eurolang2001.org/eyl/common/home.asp?LANG=FR.

(1) Council Directive of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000).

(2) The Universal Declaration of Human Rights of the United Nations, to which the Honourable Member refers in his question, and the European Convention for the Protection of Human Rights and Fundamental Freedoms contain references not only to racial discrimination, but also to discrimination on the basis of language, as a separate reason for prohibited discrimination. In the same way, the Charter of Fundamental Rights of the European Union contains, in Article 21 on non-discrimination, a specific reference to language in addition to other grounds for discrimination, such as ethnic origin.