Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on certain Community measures to combat discrimination
Date: 1999-12-21
Institutions: European Commission
Subjects: anti-discriminatory measure, exchange of information, interinstitutional relations

21.12.1999

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Official Journal of the European Communities

C 369/3

Communication from the Commission to the Council, the European Parliament, the Economic and
Social Committee and the Committee of the Regions on certain Community measures to combat
discrimination

(1999/C 369/03)

1.

INTRODUCTION

The European Union is founded on the principles of
liberty, democracy, respect for human rights and funda-
mental
law, principles
freedoms and on the rule of
which are common to the Member States (1).

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
Fundamental
Freedoms; and, limited to employment and occupation,
by the ILO Convention No 111 (2).

and

it has never been more important

The right to equality before the law and the protection
of all persons against discrimination constitutes a funda-
mental right and is essential to the proper functioning
of democratic societies. It contributes to the objectives
of promoting economic and social progress and a high
level of employment
through the strengthening of
economic and social cohesion. In Amsterdam in June
1997, the Heads of State and Government recognised
to underline
that
these principles. They
agreed to strengthen the
European Union’s capacity to act in this area by intro-
ducing Article 13 of
the Treaty establishing the
European Community which provides the Community
with specific powers to take action to combat discrimi-
nation based on sex, racial or 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.

The purpose of the proposals presented under the cover
of
this Communication is to give effect to the new
powers bestowed upon the Community by Article 13.

2.

BACKGROUND: THE INTERNATIONAL, NATIONAL AND
COMMUNITY CONTEXT

The right of individuals not to be discriminated against
on arbitrary grounds has long been recognised by Inter-
national Organisations,
the European Union and its
Member States.

2.1.

The international context

The right
to non-discrimination is recognised as an
autonomous right or associated with the exercise of
the UN
rights by,
other

fundamental

inter

alia,

(1) See Annex I

regarding EU Declarations and other

relevant
documents adopted by the European Community Institutions and
the Member States concerning human rights and fundamental
freedoms.

Although all EU Member States are either signatories to,
or have ratified, these international agreements, with the
the UN Convention on racial discrimi-
exception of
nation and ILO Convention No 111,
this does not
mean that individuals have a legally enforceable right
the State has made a
to redress.
that
to
for
commitment
non-discrimination within its jurisdiction.

It means
to guarantee respect

the right

2.2.

The national dimension

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 Consti-
tution, but its unwritten constitution prohibits discrimi-
nation.

The wording of these constitutional provisions varies
In some cases,
from Member State to Member State.
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
forbidding discrimination in
general terms, referring to matters such as (cid:145)any other
condition or personal or social circumstance(cid:146) or (cid:145)any
other consideration(cid:146).

clauses

(2) See Annexes III and IV on UN and Council of Europe human rights

instruments and ILO conventions.

(3) See Annexes V and VI on Member States constitutional and
to combat discrimination on grounds of
religion or belief, disability age and

ordinary provisions
racial and ethnic origin,
sexual orientation.

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prohibiting

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 disability (4). Although
many Member States have developed ordinary legis-
one
lation
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 Consti-
tution (5). The courts of three Member States (6), have
interpreted their national Constitutions
to prohibit
discrimination on the basis of sexual orientation.

discrimination,

only

age

(cid:145)anti-discrimination or

The
equality(cid:146) 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
those
before national
are, however, principles which should
provisions
in certain cases, could be
inspire public action and,
invoked to justify a challenge to ordinary law on
grounds of constitutionality.

tribunals:

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.

States,

equal
established

and
In many Member
non-discrimination are
general or
residual clauses referring to (cid:145)all phases of employment(cid:146),
In
(cid:145)all working conditions(cid:146) or (cid:145)the other conditions(cid:146).
some cases,
such as
working time pay or promotion. Some Member States’

they mention specific matters

treatment
by

(4) Belgium, France, Luxembourg, Sweden do not have Constitutional
provisions dealing with these grounds; Spanish courts have inter-
preted Article 14, which provides that (cid:145)Spaniards are equal before
the law, without any discrimination for reasons of birth, race, sex,
religion, opinion, or any other personal or other social condition or
circumstance(cid:146) to include disability; Italian courts have implied such
a ground from Articles 3, 4 and 38 of the Constitution; and the
Dutch Courts have interpreted Article 1 of the Netherlands’ Consti-
tution,
(cid:145)All persons in the Netherlands shall be treated equally in
equal circumstances. Discrimination on grounds of religion, belief,
political opinion, race or sex or any other grounds whatsoever shall
not be permitted(cid:146), to include disability.
(5) Article 14 of the Spanish Constitution.
(6) The Constitutional provisions of all three provide for an implied
right against discrimination: Spain (cid:151) Article 14; The Netherlands
(cid:151) Article 1; and Finland (cid:151) S5(2), as referred to in the Preamble.

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
labour or criminal
provisions contained in various
to combat discrimination on the grounds of
codes)
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; legis-
lation in two other Member States does not cover age
and disability and legislation in another Member State
does not cover age.

2.3.

EU context

2.3.1. Community law

a

European Community

long-standing
has
The
towards equal opportunities and equal
commitment
treatment between women and men. It has also consis-
tently shown its commitment to eliminating all other
forms of discrimination through a variety of instruments
(cid:151) 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 form of discrimination
in order to ensure equal treatment 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, xeno-
phobia
and antisemitism of 13 December 1995,
promised to propose the insertion, where appropriate,
of anti-discriminination clauses, both in new community
instruments
up-dating
Community legislation.

and when

revising

and

(7) See Annex II on relevant documents made by European Union
institutions concerning disability, racial or ethnic origin, age and
sexual orientation.

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Following this, general non-discrimination clauses were
introduced in a number of Commission’s proposals, in
praticular in the amended revision of Regulation (EEC)
No 1612/68 on freedom of movement for workers.

appropriate to make the Article 13 proposals dependent
upon the final adoption of the Charter.

Moreover, as a matter of principle, Article 1(a) of Staff
Regulations of officials of the European Communities as
modified in 1998 establish a non-discrimination clause
on grounds of race, political, philosophical of religious
belief, sex or sexual orientation.

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 powers to take action to combat discrimi-
nation based on sex, race or ethnic origin, religion or
the
belief, disability, age and sexual orientation. At
Cardiff European Council in June 1998, Heads of State
and Government looked forward to further proposals
for
the Commission’s
Communication on an Action Plan against Racism.
The Union’s commitment to the fight against discrimi-
nation was clearly confirmed by the European Council
of Tampere of October 1999.

common action following

2.3.2. Provisions on fundamental rights

significantly more

the European Convention sets
non-discrimination.

Article 6(2) of the Treaty on European Union states that
the Union respects fundamental rights as guaranteed by
the European Convention on Human Rights. Article 14
forth a general
of
this
However,
of
principle
provision is
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.
to the
principle of non-discrimination in very broad terms.
In contrast, the proposal to implement Article 13 of
the Treaty lay down a legislative framework to be imple-
mented by the Member States and provide for directly
enforceable judicial remedies before national courts.

In addition, Article 14 refers

At the Cologne European Council meeting in June 1999,
the Heads of State and Government decided that a
Charter of fundamental rights of the European Union
should be drawn up. 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

2.3.3. Other EU initiatives

(cid:151) A Joint Action (8) on the basis of Article K.3 of the
Treaty of European Union concerning action to
combat racism and xenophobia was adopted by
the 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 perpe-
these offences from exploiting the fact
trators of
that
these activities are classified differently in
different Member States by moving from one
country to another
to escape criminal
in order
proceedings.

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
the implementation should be
further
undertaken by the Council before the end of June
2000.

review of

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 consideration the
report on the Joint Action due for June 2000.

It

(cid:151) A Communication on crime victims in the European
focuses
Union (9) was adopted in July 1999.
mainly on the person who 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 vulner-
ability of certain categories of victims
such as
foreign origin would justify special
victims of
attention being paid to the assistance which can be
afforded to them and in the accessibility to these
services. The Conclusions of the Tampere European
Council of 15 and 16 October 1999 underline the
importance of improving the protection of victims
and their access to justice.

(8) OJ L 185, 24.7.1996, p. 5.
(9) COM(1999) 349 final.

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(cid:151) In the framework of

the training and exchange
programmes in the field of judicial and police coop-
eration, 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
cooperation by
law,
procedures and institutions of the Member States’
systems; at improving the way police officials are
trained to deal with ethnic minorities, and at
contributing to the development of new policies in
the field of recruiting police officers, with a view of
having
different
communities and minorities more accurately.

awareness of

improving

reflecting

police

forces

the

On the basis of the results of these projects, the
Commission is willing to support further activities
to strengthen judicial cooperation, the role of the
law enforcement authorities and police training in
the field of the fight against racism and xenophobia.

3.

CONSULTATIONS

the need for racial

the Commission announced that

Long before the signature of
the Amsterdam Treaty,
various institutions and interested parties (cid:151) notably
the European Parliament and NGOs (cid:151) had called for
In
European legislation to combat discrimination.
particular,
legislation was widely
acknowledged during the 1997 European Year against
in its Social Action Programme 1998 to
Racism and,
2000,
it would
launch a broad debate on the implementation of
including the possibility of a framework
Article 13,
forms of discrimination.
programme to combat all
the
Following the
the new Treaty,
Commission held extensive consultations about
the
scope of such legislation with civil society including
the
and the
social partners,
European Parliament.

the Member States

signature of

to fight

against discrimination. Finally,
instrument
Representatives of
the Member
States were consulted in the framework of the High
Level Group on Non-Discrimination.

the Governments of

During these consultations,
confirmed the importance of four principles:

the key actors involved

(cid:151) 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 similarities of
discrimination on the different grounds;

(cid:151) 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 very specific legislation in certain
areas;

(cid:151) the need to make

available
to secure greater
momentum and political will
progress where this was possible in specific areas;

full use of

the

(cid:151) 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 legislation
action
accompanied
programme.

reinforced

and

by

an

and conferences

This consultation took place in a formal series of
seminars
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
the
forms of discrimination cited in Article 13 of
Treaty. Further discussions also took place with the
and in the
European Platform of Social NGOs
the
framework of
in
European Parliament
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
binding
for
gives

In addition,
adopted two Resolutions

the social dialogue.

a horizontal

support

general

4.

THE COMMISSION’S PACKAGE OF PROPOSAL

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
on the experience of
the Community in combating
gender discrimination. This has shown that, while legis-
lation 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,
is behaviour, sending
clear signals about what society regards as acceptable
or unacceptable, it is not sufficient on its own. Legis-
lation must be underpinned by concrete action which
enables people to learn from the success and failures of
others and to build those lessons into their own action
to tackle discrimination at local
level (cid:151) where it is
often most effective.

it

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The Treaty provides the Council with the power to take
appropriate action to combat discrimation. Experience
in the field of gender discrimination has shown that one
of the most effective ways to combat discrimination is
through promoting equal treatment, while at the same
time allowing the possibility for Member States to adopt
compensate
positive
long-standing
inequalities
groups of people who,
by
historically, have not been afforded equal treatment.

action to
suffered

for

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.
to
this package will
Taken together,
combating
the
including
promotion of equal treatment.

contribute
through

discrimination,

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
legislative
reinforce
measures implementing the principle of equality.

supplement

national

and

First, the Commission proposes a directive to combat
discrimination in the labour market on all grounds
referred to in Article 13, with the exceptions of sex,
which has been covered by important Community legis-
lation 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 of success in society.

Second, the Commission proposes a directive to combat
discrimination on grounds of racial and ethnic origin
takes
which goes beyond the labour market. This
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 discrimi-
nation. In formulating these proposals, the Commission
has taken account of past action in related fields,
in
particular the experience of fighting discrimination on
grounds of sex embodied in Directives 76/207/EEC
directives,
(Equal

treatment)

following

and

the

including Directive 97/80/EC (Burden of proof). It has
also
legal
consideration
instruments in the field of discrimination.

international

taken

into

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
If one
directive were adopted by the Council before the
other,
the remaining proposal would be amended
accordingly.

legislation that could stand alone.

designed
by

to
supporting

the
supplementing

Third,
the Commission proposes a programme of
action,
legislative
complement
the
proposals
and
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 Community’s experience in previous
the light of
action in this field and of
the specific importance
attached to the principle of equality between women
and men by other Treaty provisions (cid:151) notably
Articles 2, 3 and 141 (cid:151) discrimination on grounds of
sex 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 of the EC Treaty, the Commission will ensure
that a gender perspective is effectively included in all
actions and activities addressed in the programme to
combat all other grounds of discrimination.

has

elderly

experience

considerable

The Community
in
supporting practical measures to assist other groups
which are frequently victims of discrimination (cid:151)
the
visible minorities,
people with
and
disabilities. Much of
this experience has focused on
measures designed to integrate individuals into society
rather than to combat at source the discrimination
this experience has
which they suffer. Nevertheless,
been taken into account in the design and structure of
in particular, in
the proposed action programme and,
the
involvement of
discriminated groups in its implementation.

it places on the

emphasis

Together, these three proposals will constitute a compre-
hensive basis for action, providing a minimum level of
legal rights not to be discriminated against, supported
by practical action to promote the effective application
of those rights on the ground.

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that

But they are not the Community’s only response. It is
the fight against discrimination is carried
vital
through all
at Community and
national
levels. The Community has launched a range
of actions which take account of this need.

activities

relevant

First,
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
special
attention to the needs of the disabled, ethnic minorities
and other groups and individuals who may be disad-
including by discrimi-
vantaged in the labour market,
nation.

them to give

the

Social

through

In addition,

these groups can benefit

the Structural Funds.
Fund will,

from the ordinary
Second,
the
assistance of
European
new
Community Initiative EQUAL, address issues linked to
exclusion, discrimination and 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
The
of
Community Action Programme will not provide
support
funding
for actions which are eligible for
under EQUAL.

Employment

European

Strategy.

the

the

new education,

Third,
youth
programmes will continue to promote the integration
including people exposed to
of disadvantaged groups,
discrimination on various grounds, as one of their hori-
zontal priorities.

training

and

Fourth, as noted above, the Commission is preparing a
new Community Action Programme
equiality
between women and men to build on the valuable
the current Community Programme which
gains of
comes to an end on 31 December 2000.

for

promote

cooperation

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
at
policy-oriented
will
to underpin Member States’ efforts
Community level
It will focus
to prevent and combat social exclusion.
on measures
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 effec-
tiveness of Member States’ measures to combat discrimi-
nation.

to support Member States’ efforts

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 discrimi-
is an
nation particularly of racism and xenophobia,
essential condition for
the maintenance and devel-
opment of
the European Union into an area of
freedom, security and justice as foreseen in Article 2
of the TUE.

July 1998 (10),

Already taken up by the Commission in its communi-
repeated in the letter by
cation of
President Prodi to the Finnish Prime Minister Lipponen
dated 23 September 1999 and supported by the
resolution dated 16 September
European Parliament
1999,
this fundamental principle was confirmed by
the Heads of State and Government without ambiguity,
and what is needed now is its implementation.

Moreover,
it will also be up to the Commission to
continue it’s action in the fight against discrimination
by using the right of
to new
measures coming under Title VI TUE wherein Article
29 contains an express reference to the prevention of
racism and xenophobia, and of Title IV TCE especially in
the fields of asylum and immigration.

initiative in respect

5.

ECONOMIC IMPACT

labour market. The

social participation and,

Evidence from the Member States shows that groups of
people who are most frequently the victims of discrimi-
nation are likely to experience the greatest difficulties in
terms of social integration and, in particular, of access to
the
two draft directives, by
combating discrimination in a variety of situations,
in
will promote wider
supporting people’s
particular,
ability to fulfil their 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).

employability,

thus

is explored in greater detail

This point
directives in the impact assessment
attached to each proposal.

for the two
forms which are

(10) COM(98) 459 final dated 14.7.1998.

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6.

SUBSIDIARITY AND PROPORTIONALITY:
AND ADDED VALUE

JUSTIFICATION

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 discrimi-
nation. 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 of
the proposed action cannot be sufficiently achieved by
the Member States and can therefore, by reason of the
scale or effects of
the proposed action, be better
achieved by the Community.

This test ist met by the three proposals annexed to this
Communication.

Subsidiarity

Most Member States have included in their constitu-
tional and/or legal order provisions which assert the
the
right not
scope and the enforceability of such provisions (cid:151) and
the ease of access to redress (cid:151) vary greatly from one
Member State to another.

to be discriminated against. However,

the possibility

The draft directives would lay down a set of principles
including
on equal
treatment covering key issues,
protection against harassment,
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 discrimi-
nation they
at
achieved through
Community
co-ordinated action.

can expect. Common standards

can only be

level

Proportionality

If European legislation is necessary to reach the
objectives of
it must nevertheless go no
further than is necessary to reach those objectives.

the Treaty,

In light of the differences that still exist in the ordinary
legislation of the Member States, it is necessary to define
common principles in order to give effect to Article 13.

However, during the extensive consultations with all
interested parties, both the Member States and the
NGOs emphasised how important
it was to respect
the different traditions of the Member States, both to
enable flexibility in implementation and to avoid inter-
fering 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
to
discretion in how they
considerable
implement
the different
them. This takes account of
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
already taken by Community legislation on equality
between men and women.

choose

in

actors

between

cooperation

The draft Decision on the Action Programme enables
multi-lateral
the
Member States leading to an improvement in the effec-
tiveness of policies and practices to combat discrimi-
nation across
Such cooperation
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 ante to identify
the ways in which Community support could best add
value to Member States’ existing practices.

the Community.

CONCLUSION

The Commission has prepared this package over a long period,
as a result of extensive consultations with the Member States,
NGOs, the social partners and the European Parliament. The
issues raised are particularly sensitive because they directly
affect society’s conceptions.

The Commission is
taking a reasonable, progressive and
pragmatic approach. The Action Programme aims to raise
awareness about discrimination in general, which affects 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 they choose apply them.

treatment

framwork for equal

The two proposed directives are intended to give effect to
the Treaty. The first directive establishes a
Article 13 of
general
in the employment
field, by prohibiting discrimination on the various gorunds
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 to the preparation of a European Charter
of
is
necessary to move forward now.

the Commission considers that

fundamental rights,

it

Community action is a clear signal that discrimination is not
acceptable within the European Union.

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Official Journal of the European Communities

21.12.1999

ANNEXES

I. Declarations and documents from EC Institutions and Member 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 are not parties

IV. Table: ILO Conventions

V. Table: Constitutional provisions to combat discrimination

VI. Table: Statutory provisions to combat discrimination

ANNEX I

EU declarations and other documents of the European Community institutions and Member States concerning
human rights and fundamental freedoms

(cid:151) Paris Summit Declaration (19 and 20 October 1972).

(cid:151) Document on the European identity (Copenhagen Summit, 14 December 1973).

(cid:151) Joint Declaration on fundamental rights (European Parliament, Council and Commission, 5 April 1977).

(cid:151) Declaration on democracy (Copenhagen European Council, 8 April 1978).

(cid:151) Single European Act (February 1986).

(cid:151) Statement on human rights (Foreign Ministers meeting in the framework of European political cooperation, and

Council, 21 Juli 1986).

(cid:151) Declaration of fundamental rights and freedoms (European Parliament, 12 April 1989).

(cid:151) Declaration on human rights (Luxembourg European Council, 28 and 29 June 1991).

(cid:151) Resolution on human rights, democracy and development (Council and Member States meeting within the Council,

28 November 1991).

(cid:151) 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 of justice and home
affairs).

(cid:151) Resolution of 10 February 1994 on the Constitution of the European Union (European Parliament). (OJ C 61, 1994,
p. 155). (There is an annex to this resolution: Draft Constitution of the European Union of 1994, adopted by the
institutional committee of the EP).

(cid:151) Resolution of 6 May 1994 on violations of the freedoms and fundamental rights of women (European Parliament).

(cid:151) Commission Communication on the inclusion of respect for democratic principles and human rights in agreements

between the Community and Third Countries (COM(95) 216 of 23 May 1995).

(cid:151) Commission Communication (cid:145)The European Union and the external dimension of human rights policy: from Rome

to Maastricht and beyond(cid:146) (COM(95) 567 of 22 November 1995).

(cid:151) Report from the Commission on the implementation of measures intended to promote observance of human rights

and democratic principles (for 1995) COM(96) 672 final.

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(cid:151) Resolution of 12 December 1996 on human rights throughout the world in 1995-96 and the Union’s human rights

policy (European Parliament).

(cid:151) Resolution on the Commission report on the implementation of measures intended to promote observance of

human rights and democratic principles (for 1995) (European Parliament) (C4-0095/97).

(cid:151) The Amsterdam Treaty (for instance Article 2, 6, 7, 11, 46 and 49 of the EU Treaty and Articles 12, 13, 17, 136,

141).

(cid:151) Resolution of 19 December 1997 setting up a single co-ordinating structure within the European Commission

responsible for human rights and democratisation (European Parliament) (A4-0393/97).

(cid:151) Conclusions of the Luxembourg European Council of 12 and 13 December 1997.

(cid:151) Resolution on respect for human rights in European Union (1996) (European Parliament (A4-0034/98).

(cid:151) Conclusions of the Cardiff European Council of 15 and 16 June 1998.

(cid:151) Communication from the Commission to the Council and European Parliament of 12 March 1998:

(cid:145)Democrati-
sation, the rule of law, respect for human rights and good governance: the challenges of the partnership between
the European Union and the ACP States(cid:146) COM(98) 146 final.

(cid:151) 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 in Africa.

(cid:151) Declaration of the EU adopted on 10 December 1998 on the occasion of the 50 anniversary of the Universal

Declaration of Human Rights.

(cid:151) Council Regulation (EC) No 975/1999 of 29 April 1999 laying down in requirements for the implementation of
development cooperation, which contribute to the general objective of developing and consolidating democracy and
the rule of law and to that of respecting human rights and fundamental freedoms (OJ L 120, 8.5.1999, p. 8).

(cid:151) Council Regulation (EC) No 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 of Community
cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of
law and to that or respecting human rights and fundamental freedoms in third countries (OJ L 120, 8.5.1999, p. 8).

(cid:151) Barros Moura Report on human rights in the world (1997-1998) and the policy of the EU in the field of human

rights A4-0410/98 (European Parliament).

(cid:151) Schaffner Report on respect for human rights in the EU in 1997. A4-0468/98 (European Parliament)

(cid:151) Conclusions of the Cologne European Council (3/4 June 1999) and more particularly Decision on the drawing up of

a Charter of fundamental rights of the European Union.

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Relevant documents of European Union institutions concerning disability, racial or ethnic origin, age and
sexual orientation

ANNEX II

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 of handicapped people at
Community level (OJ C 347, 31.12.1981).

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 (OJ C 162, 3.7.1990).

Resolution of the European Parliament of 14 December 1995 on the human rights of disabled people (OJ C 17,
22.1.1996).

Resolution of the European Parliament on the rights of disabled persons (A4-0391/96).

Resolution of the European Parliament on the equality of opportunities for people with 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 Equality of opportunity for people with disabilities (OJ C 12, 13.1.1997).

Council Resolution of 17 June 1999 on equal employment opportunities for people with disabilities (OJ C 186,
2.7.1999).

Decisions

Council decision (88/231/EEC) of 18 April 1988 establishing a second Community action programme for disabled
people (Helios) (OJ L 104, 23.4.1988).

Council decision (93/136/EEC) of 25 February 1993 establishing a third Community action programme to assist disabled
people (Helios II 1993-1996) (OJ L 234, 17.9.1993)

Council decision (93/512/EEC) of 21 September 1993 on a Community technology initiative for disabled and elderly
people (TIDE) (1993 to 1994) (OJ L 240, 25.9.1993).

Recommendations

Council recommendation (86/379/EEC) of the 24 July 1986 on then employment of disabled people in the Community
(OJ L 225, 12.12.1986).

Reports

Report by the Commission to the European Parliament and the Council on the implementation and the results of the
Helios programme (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 programme to assist disabled people (Helios
II 1993-1996) (COM(98) 0015 FINAL).

Conclusions

Conclusions of the Council on the employment of disabled people in the Community (OJ C 173, 12.6.1989)

Communications

Communication of the Commission on Equality of opportunity for people with disabilities (cid:151) A new European
Community disability strategy (COM(96) 406 FINAL).

RACIAL OR ETHNIC ORIGIN

Resolutions

Resolution of the Council and the Representatives of Governments of the Member States, meeting within the Council of
29 May 1990 on the fight against racism and xenophobia (OJ C 157, 27.6.1990).

Resolution on racism and xenophobia (European Parliament B4-0261/94).

Resolution on racism, xenophobia and anti-semitism (European Parliament B4-1239/95).

Resolution of the Council and the representatives of the governments of the Member States, meeting within the Council
of 5 October 1995 on combating racism and xenophobia in the field of employment and the social field.

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Resolution of the Council and the Representatives of the Government of the Member States of 23 July 1996 on the
European Year against racism (1997) (OJ C 237, 15.8.1996).

Resolution by the European Parliament on racism, xenophobia and anti-Semitism and the result of the European Year
Against Racism (1997) (OJ C 56, 23.2.1998).

Declarations

The 1986 Joint Declaration against racism and xenophobia of
Commission (OJ C 158, 25.6.1986)

the European Parliament,

the Council and the

Declaration on anti-semitism, racism and xenophobia (Dublin European Council, 25 and 26 June 1990).

Declaration on racism and xenophobia (Maastricht European Council, 9 and 10 December 1991).

Joint Declaration of the social partners on the prevention of racial discrmination and xenophobia and the promotion of
equal treatment at the workplace (October 1995)

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 (OJ C
368, 5.12.1997).

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 diversity and combating racism and xenophobia (OJ C 1, 3.1.1998).

Regulations

Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on racism and xeno-
phobia (OJ L 151, 10.6.1997).

European Council Conclusions

Conclusions of the Corfu European Council of 24 and 25 June 1994 on racism and xenophobia.

Conclusions of the Essen European Council of 9 and 10 December 1994 on racism and xenophobia.

Conclusions of the Cannes European Council of 25 and 26 June 1995 on racism and xenophobia.

Conclusions of the Madrid European Council of 15 and 16 December 1995 on racism and xenophobia.

Conclusions of the Florence European Council of 21 and 22 June 1996 on racism and xenophobia.

Conclusions of the Dublin European Council of 13 and 14 December 1996 on racism and xenophobia.

Communications

Communication from the Commission on racism, xenophobia and anti-semitism and proposal for a Council Decision
designating 1997 as European year against racism (COM(95) 653 FINAL).

Commissions Communication, An action plan against racism (COM(98) 183 FINAL).

Others

Joint Action of 15 July 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union,
concerning action to combat racism and xenophobia.

Reports of the Consultative Committee on racism and Xenophobia (the Kahn Committee) drawn up for the meetings of
the European Council in Essen, Cannes, Madrid and Florence.

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21.12.1999

AGE

Recommendations

Council recommendation of 10 December 1982 on the principles of a Community policy with regard to retirement age
(OJ L 357, 18.12.1982).

Reports

Report from the Commission to the Council on the application of the Council recommendation of 10 December 1982
on the principles of a Community policy with regard to retirement age (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 by Parliament on sexual discrimination at the workplace (OJ C 104, 16.4.1984).

Resolution by Parliament on discrimination against transsexuals (OJ C 256, 9.10.1989).

Resolution by Parliament on equal rights for homosexuals and lesbians in the EC (OJ C 61, 28.2.1994).

Declarations

Council declaration of 19 December 1991 on the implementation of
the Commission recommendation on the
protection of the dignity of women and men at work, including the code of practice to combat sexual harassment
(OJ C 27, 4.2.1992).

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ANNEX III

Principal United Nations and Council of Europe human rights instruments to which EU Member States are not
parties (taken from (cid:145)Leading by example: a human rights agenda for the European Union for the year 2000(cid:146) (11))

A

B

DK

FIN

F

D

EL

IRL

IT

L

NL

P

E

S

UK

UN

1

2

3

4

5

6

7

8

CE

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(11) A project of the European University Institute funded by the European Commission, marking the 50th anniversary of the Universal

Declaration of Human Rights (cid:151) October 1998.

UN

1

2

3

4

5

6

7

8

CE

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

C 369/16

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United Nations

1. The International Covenant on economic, social and cultural Rights.

2. The International Covenant on civil and political rights (ICCPR).

3. The Convention on the elimination of all forms of discrimination against women.

4. The Convention on the rights of the child.

5. The Convention against torture and other cruel, inhumane or degrading treatment or punishment.

6. The Convention on the elimination of all forms of racial discrimination.

7. The Optional Protocol to the ICCPR.

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 (ETS No 45) of 6 May 1963, Protocol No 5
(ETS No 55) of 20 January 1966 and Protocol No 8 (ETS No 118) of March 1985 (the ECHR).

10. The Protocol to the ECHR (ETS No 9, dealing, inter alia with the right to peacefull enjoyment of possessions, the right
to education, freedom of expression and opinion through free elections, the application of the ECHR to Member State
territories).

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 6 to the ECHR concerning the abolition of the death penalty (ETS No 114).

13. Protocol No 7 to the ECHR (ETS No 117, dealing, inter alia, with rights of lawfully resident aliens, and rights arising in

criminal proceedings).

14. Protocol No 9 to the ECHR (ETS No 140, on matters concerning the jurisdiction of the European Court of Human

Rights).

15. Protocol No 10 to the ECHR (ETS No 146, amending Article 32 of the ECHR with a view to reducing the two-thirds

majority mentioned therein).

16. Protocol No 11 to the ECHR (ETS No 155, restructuring the control machinery established 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 for persons 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 in proceedings in the European Court of
Human Rights, having regard to Protocol 11).

19. The European Convention for the prevention of torture and inhumane 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 Council of Europe).

21. Protocol No 2 to the ECPT (ETS No 152, on matters concerning renewal of membership of members of the European

Committee for the prevention of torture).

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

the ESC).

24. The Protocol amending the ESC (ETS No 142, containing measures designed to improve the supervisory machinery).

25. Additional protocol to the ESC providing for a System of Collective Complaints (ETS No 158).

26. European Social Charter (Revised) (ETS No 163).

27. European Charter for Regional or Minority Languages (ETS No 148).

28. Framework Convention for the Protection of National Minorities (ETS No 157).

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ANNEX IV

Some relevant ILO Conventions

A

B

DK

FIN

F

D

EL

IRL

IT

L

NL

P

ILO

111

142

159

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

(cid:215)

E

(cid:215)

(cid:215)

(cid:215)

S

UK

(cid:215)

(cid:215)

(cid:215)

(cid:215)

ILO CONVENTIONS

(cid:151) Convention 111 concerning discrimination in respect of employment and occupation, 1958,

(cid:151) Convention 142 concerning vocational guidance and vocational training in the development of human resources,

1975,

(cid:151) Convention 159 concerning vocational rehabilitation and employment (disabled persons), 1985.

Constitutional provisions to combat discrimination on grounds of racial or ethnic origin, religion or belief,
disability (12), age or sexual orientation

ANNEX V

Member State

Constitutional provision

Grounds covered

Legally enforceable right

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Article 10, 11 and 191 of
the Constitution

General principle of equality

Full effect (13)

Article 70 of the consti-
tution

Racial or ethnic origin and
religion or belief

Full effect

Article 3 of
tution

the Consti-

Racial
religion
disability

or

ethnic

or

belief

origin,
and

Full effect

Article 4(1), 5(1) and 5(2)
of the Constitution

Racial or ethnic origin and
religion or belief

Full effect

Article 14 of the Consti-
tution

Racial or ethnic origin and
religion or belief (14)

Full effect

Article 2 of
tution

the Consti-

Racial or ethnic origin and
religion or belief

Full effect

Article 40 of the Consti-
tution

General principle of equality

Full effect

Article 3 of
tution

the Consti-

Racial or ethnic origin and
religion or belief (15)

Full effect

Luxembourg

Article 11 of the Consti-
tution

General principle of equality

Limited effect (16)

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Member State

Constitutional provision

Grounds covered

Legally enforceable right

The Netherlands

Article 1 of
tution

the Consti-

Racial or ethnic origin and
religion or belief (17)

Full effect

Austria

Portugal

Finland

Sweden

Article 7(1) of the Consti-
tution

Racial
religion
disability

or

ethnic

or

belief

origin,
and

Limited effect

Article 13 of the Consti-
tution

Racial or ethnic origin and
religion or belief

Full effect

Section 5 of the Consti-
tution

or

ethnic

origin,
Racial
religion or belief, disability
and age (18)

Limited effect

Chapter 2 Articles 1(6),
the
15 and 20(6) of
Constitution

Racial or ethnic origin and
religion or belief

Limited effect

The United Kingdom

Does not have a written
constitution

(12) Most Member States have general constitutional provisions on the integration of disabled people but these are not mentioned in this

table.

(13) Full effect means that the provision is legally binding and gives rise to judicial redress.
(14) The 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.

(15) See footnote 8.
(16) Limited effect means that general principles may be deduced from the constitutional provision.
(17) See footnote 8.
(18) Discrimination on grounds of sexual orientation is implicity covered.

Statutory provisions, other than penal provisions, to combat discrimination on grounds of racial or ethnic
origin, religion or belief, disability (19), age or sexual orientation

ANNEX VI

Member State

Laws or collective agreements

Grounds covered

Scope

Belgium

Denmark

Germany

Greece

Spain

agreement

Collective
6
December 1983 concerning
the recruitment and selection
of workers

of

Act 459 of 12 June 1996 on
prohibition against discrimi-
nation
of
in
employment
and occupation
etc.

respect

service codes and the
Act

constitution

Civil
works
(BetrVG)

Racial
religion or belief and age

ethnic

or

origin,

or

ethnic

Racial
origin,
religion or belief and sexual
orientation

Employment

Employment

Racial
religion or belief

or

ethnic

origin,

Employment

No anti-discrimination law

(cid:151)

(cid:151)

The workers
((cid:145)Estatuto
de
jadores(cid:146)) (20)

statute
los

act
Traba-

Racial
religion or belief and age

ethnic

or

origin,

Employment

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Member State

Laws or collective agreements

Grounds covered

Scope

France

The labour code

or

ethnic

Racial
origin,
religion or belief, disability
and sexual orientation

Employment equality At, 1998 Racial

or

ethnic

origin,
religion or belief, disability,
age and sexual orientation

Employment

Employment

Ireland (21)

Italy

Law No 300 of 20 May 1970
(Workers Statute) and Law No
40 of 6 March 1998

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

(cid:151)

(cid:151)

The Netherlands (22)

equal

treatment Act

The
(1994)

or

ethnic

Racial
origin,
religion or belief and sexual
orientation

Employment,
Advice
regarding choice of education
or career and provision of
goods and services

Austria

to the
procedures
(Verwaltungsverfahrens-

The introductory Act
administrative
code
gesetze)

Racial or ethnic origin and
religion or belief

service
Provision of public
and admission to public places

Portugal

No anti-discrimination law

(cid:151)

(cid:151)

Finland

Sweden

The Act
employment

on

contracts

of

employment protection
The
Act
ethnic
the
(1982),
discrimination Act (1999), Act
on discrimination of people
(1999), Act
with disabilities
on discrimination on grounds
of sexual orientation (1999)

or

ethnic

Racial
origin,
religion or belief, age and
sexual orientation

or

ethnic

Racial
origin,
religion or belief, handicap
and sexual orientation

Employment

Employment

The United Kingdom The race relations Act 1976
and the disability discrimi-
nation Act 1995

Racial
religion
disability

or

ethnic

or

belief

origin,
and

training,
the provision of
facilities and services,
and

Employment,
education,
goods,
or
disposal of premises

the management

(19) Only legislation which makes it unlawful to discriminate against disabled people are mentioned in the table. Concerning the
integration of the disabled people several Member States have systems of compulsory employment or quota schemes (Germany,
Greece, Spain, Italy, Luxembourg, the Netherlands and Austria) while others rely on subsidies to employers.

(20) Revised text approved by the Royal Legislative Decree No 1/1995 of 25 March 1995.
(21) Legislation prohibiting discrimination on the same grounds are the employment equality Act in education, the provision of goods
and services and the disposal or property and accommodation (equal status Bill) was presented to the national parliament on 15
April 1999.

(22) Proposals for legislation prohibiting discrimination on grounds of age and disability is currently being prepared.