Resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council of 5 October 1995 on the fight against racism and xenophobia in the fields of employment and social affairs
Date: 1995-10-05
Institutions: Council of the European Union, Representatives of the Governments of the Member States
Subjects: anti-discriminatory measure, equal treatment, racism, social integration, social policy, xenophobia













EUR-Lex - 41995X1110 - EN






Avis juridique important




|



41995X1110

Resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council of 5 October 1995 on the fight against racism and xenophobia in the fields of employment and social affairs  


Official Journal C 296 , 10/11/1995 P. 0013 - 0014 





RESOLUTION OF THE COUNCIL AND  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCILof 5  October 1995on the fight against racism and xenophobia in the fields of employment and social  affairs(95/C 296/05)THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE  MEMBER STATES, MEETING WITHIN THE COUNCIL, Having regard to the Treaty establishing the European Community, Having regard to the declaration by the European Parliament, the Council, the Representatives of  the Member States, meeting within the Council, and the Commission of 11 June 1986 (1) and all the  resolutions on the matter adopted since then, particularly the resolution of the Council and the  Representatives of the Governments of the Member States, meeting within the Council, of 29 May 1990  on the fight against racism and xenophobia (2), Having regard to the conclusions on racism and xenophobia adopted by the European Council at  meetings in Corfu on 24 and 25 June 1994, in Essen on 9 and 10 December 1994 and in Cannes on 26  and 27 June 1995, Whereas Article F (2) of the Treaty on European Union lays down that 'the Union shall respect  fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and  Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional  traditions common to the Member States, as general principles of Community law'; Whereas, in the Single European Act, the Member States stressed the need 'to work together to  promote democracy on the basis of the fundamental rights recognized in the constitutions and laws  of the Member States, in the Convention for the Protection of Human Rights and Fundamental Freedoms  and the European Social Charter, notably freedom, equality and social justice'; Whereas despite the progress achieved as a result of the efforts made by the Member States in  recent years to guarantee fundamental rights for individuals and to develop policies of  integration, violence and xenophobia continue to exist within the European Union, with adverse  consequences for social cohesion; Whereas current unemployment is the cause of a rise in economic problems, excludes millions of  people in the European Union from participating with any dignity in economic, social and political  life and is a breeding-ground for attitudes propitious to racism and xenophopia; Whereas the elimination of all forms of racial discrimination, direct or indirect, and attitudes  and behaviour inspired by racism and xenophobia requires effective national rules and their  monitoring by the national, regional and local authorities; Whereas regard should be had to the European Parliament resolutions of 27 October 1994 (3) and 27  April 1995 (4) and in particular the concern expressed by the European Parliament at the electoral  support for parties which profess xenophobic and racist ideas; Whereas, in its resolution of 19 January 1995 on the White Paper (5) on European Social Policy, the  European Parliament urged the Commission 'to put forward proposals to safeguard people's equal  employment opportunities, irrespective of their age, race, sex, disability or beliefs'; Whereas the Commission plans to present a communication to the Parliament and the Council detailing  its action plan in this field; Whereas regard should be had to the conclusions of the Council of 30 May 1995 and the final report  by the Consultative Commission on Racism und Xenophobia set up by the European Council in Corfu; Whereas the United Nations has declared 1995 International Year of Tolerance and the Council of  Europe has agreed, on the basis of the Vienna Declaration, to conduct a European campaign against  racism, xenophobia, anti-semitism and intolerance this year as part of its plan of action; Whereas it behoves the institutions of the European Union and the competent authorities of the  Member States, each in keeping with its powers, to take the necessary measures to implement this  resolution; Whereas this resolution affects neither Community law, particularly with respect to the free  movement of persons, nor the relevant national provisions, particularly with respect to social  security, right of residence and access to employment, applicable to persons not covered by  Community law, 1. CONDEMN in the strongest terms racism, xenophobia and anti-semitism in all  their forms, flagrant breaches of individual rights, and religious intolerance, particularly in the  fields of employment and social affairs; 2. NOTE the concern repeatedly expressed by the European Parliament at the rise in acts of racist  violence in several European countries and the increase in propaganda inciting xenophobia for  electoral purposes in some countries; 3. RECOGNIZE the great importance of implementing, in the field of social policy, policies based on  the principles of non-discrimination and equal opportunities at Union and Member State level,  within the framework of their respective powers, as a contribution to the common fight against  racism and xenophobia; 4. NOTE with interest that the Council is studying measures aimed at: (a) making any incitement to racial or religious discrimination, violence or hatred a criminal  offence under the Member States' national laws; (b) approximating judicial and administrative practices in the Member States in order to combat the  acts in question; (c) improving international cooperation in this area, specifically as regards the control of racist  material, in whatever form, and its cross-border dissemination; 5. NOTE WITH SATISFACTION that the Member of the Commission responsible for social affairs and  employment has been specifically entrusted with the fight against racism and xenophobia and all  related problems of discrimination on such grounds; 6. CALL UPON the Commission to present, in its communication, a review of the measures taken in the  context of existing Community programmes and the possibilities for future measures in the sphere of  the fight against racism and xenophobia; 7. CALL UPON the Member States, account being taken of the recommendations made by the Consultative  Commission on Racism and Xenophobia, to make progress towards achieving the following common  objectives: (a) guaranteeing protection for persons against all forms of discrimination on grounds of race,  colour, religion or national or ethnic origin; (b) promoting employment and vocational training as significant means of integrating persons  legally resident in the Member State concerned, bearing in mind the diversified nature of society; (c) fighting all forms of labour discrimination against workers legally resident in each Member  State; (d) promoting equal opportunities for the groups most vulnerable to discrimination, in particular  women, young people and children; (e) promoting adherence to democratic principles and human rights, and the principle of cultural  and religious diversity among young people and the general public in Europe; (f) stimulating cooperation and the exchange of experience between Member States on working methods  and arrangements to promote social cohesion; 8. CALL UPON the Member States to adopt the following measures: (a) ratification, by those Member States which have not yet done so, of the international  instruments concerning the fight against all forms of racial discrimination; (b) development, in teaching systems, in vocational training establishments and instructor training  establishments as well as in training programmes for public servants and business executives, of  respect for diversity and the equality of human beings and of the spirit of tolerance; (c) support, for citizen's movements and organizations actively committed, by democratic means, to  the fight against racism and xenophobia, and determined cooperation with those movements and  organizations, in accordance with national practice; (d) promotion of effective instruments of self-regulation, such as codes of good conduct, for media  professionals; 9. INVITE the social partners, while respecting their autonomy, to take an active part in the  achievement of the objectives referred to in this resolution and to support by their actions the  measures adopted by the Member States to fight racism und xenophobia. (1) OJ No C 158, 25. 6. 1986, S. 1. (2) OJ No C 157, 27. 6. 1990, S. 1. (3) OJ No C 323, 21. 11. 1994, p. 154. (4) OJ No C 126, 22. 5. 1995, p. 75. (5) OJ No C 43, 20. 2. 1995, p. 63.