Green paper - Equality and non-discrimination in an enlarged European Union
Date: 2004-05-28
Institutions: European Commission
Subjects: anti-discriminatory measure, enlargement of the Union, equal treatment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.05.2004 
COM(2004)379 final 

. 

GREEN PAPER 

Equality and non-discrimination in an enlarged European Union 

. 

(presented by the Commission) 

EN 

   EN 

 
 
 
Foreword 

The  principles  of  equal  treatment  and  non-discrimination  are  at  the  heart  of  the  European 
Social  Model.  They  represent  a  cornerstone  of  the  fundamental  rights  and  values  that 
underpin today's European Union. 

We  can  be  proud  of  our  recent  achievements  in  the  field  of  equal  treatment  and  non-
discrimination. Much has been done in the short space of time since Member States agreed on 
the need for concerted action at European level to tackle discrimination on grounds of racial 
or ethnic origin,  religion or  belief, age, disability  and  sexual orientation. Action in this area 
has built upon the EU's considerable experience of dealing with sex discrimination. 

European  legislation  has  significantly  raised  the  level  of  protection  against  discrimination 
across the EU. It has acted as a catalyst for the development of a more coherent, rights-based 
approach to equality and non-discrimination.  

However, further efforts will be needed to ensure that the principle of non-discrimination is 
implemented  effectively  across  the  European  Union.  Discrimination  continues  to  be  a  daily 
reality for millions of people who live and work in the EU. In addition, new challenges have 
emerged  since  the  adoption  of  the  current  instruments  for  combating  discrimination  at 
European level. 

These  challenges  include  enlargement  of  the  EU,  particularly  the  need  to  step  up  efforts  to 
address the situation of Roma and other ethnic minorities. Our objective should be to ensure 
that  the  EU's  framework  for  combating  discrimination  on  all  of  the  relevant  grounds  is 
effectively implemented and enforced across the enlarged Union. 

Anti-discrimination  policy  is  an  important  part  of  the  EU’s  approach  to  immigration, 
inclusion, integration and employment. By clarifying rights and obligations and highlighting 
the positive benefits of diversity in a multicultural society, it can help to guide a process of 
change based on mutual respect between ethnic minorities, migrants and host societies.  

Anti-discrimination policy must continue to form an effective part of the EU’s response to a 
number of issues of public concern. It must support efforts to combat all forms of racism and 
xenophobia, including recent manifestations of anti-Semitism and Islamophobia.  

The vast majority of Europeans continue to oppose all forms of discrimination, as confirmed 
by the recent Eurobarometer opinion poll on Discrimination in Europe. This provides a strong 
mandate  for  the  EU’s  continuing  efforts  in  the  field  of  anti-discrimination  and  equal 
treatment.  

The development of EU policy in this area has been made possible by support and joint action 
from a wide range of stakeholders. I hope that all of these stakeholders will play an active role 
in the consultation exercise based on this Green Paper. 

Odile Quintin, Director General, Employment and Social Affairs, European Commission 

TABLE OF CONTENTS 

1. 

2. 

EN 

Introduction .................................................................................................................. 4 

Progress to date ............................................................................................................ 5 

2 

   EN 

 
2.1. 

2.2. 

2.3. 

2.4. 

2.5. 

2.6. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

3.6. 

4. 

5. 

The emergence of non-discrimination as a European Community competence.......... 5 

Building a legal framework.......................................................................................... 6 

EU support for measures to combat discrimination..................................................... 7 

The principle of non-discrimination and fundamental social rights .......................... 10 

Non-discrimination and the EU’s agenda for growth, jobs and social cohesion ....... 11 

Non-discrimination – the international context.......................................................... 13 

Challenges for the future............................................................................................ 14 

Dealing with issues linked to the enlargement of the EU .......................................... 14 

Implementing the legal framework ............................................................................ 15 

Improving data collection, monitoring and analysis .................................................. 17 

EU support for practical measures to tackle discrimination ...................................... 17 

Reinforcing cooperation with stakeholders................................................................ 18 

Integrating the principle of non-discrimination in other policy areas........................ 20 

Conclusion.................................................................................................................. 21 

How to take part in this consultation.......................................................................... 23 

ANNEX .................................................................................................................................... 24 

Questionnaire ........................................................................................................................... 24 

EN 

3 

   EN 

 
1. 

INTRODUCTION 

Five  years  ago,  huge  impetus  was  given  to  the  fight  against  discrimination  in  the  European 
Union  when  new  powers  were  granted  to  tackle  discrimination  on  grounds  of  sex,  racial  or 
ethnic origin, religion or belief, age, disability and sexual orientation. 

This Green Paper sets out the European Commission's analysis of the progress that has been 
made so far. It seeks views about how the EU can continue and reinforce its efforts to combat 
discrimination  and  to  promote  equal  treatment.  In  so  doing,  it  responds  to  calls  from  the 
European Parliament and others to organise a public consultation on the future development 
of policy in this area. 

The  European  Parliament  and  civil  society  organisations  have  played  a  pivotal  role  in 
advancing the EU's anti-discrimination agenda to date. National authorities have also been of 
crucial importance in defining and delivering this policy agenda. Other stakeholders include 
specialised  bodies  responsible  for  the  promotion  of  equality  in  the  Member  States,  regional 
and local authorities, employers, trade unions, experts and academics. 

The  Commission  hopes  that  all  of  the  relevant  stakeholders  will  play  an  active  role  in  the 
consultation  exercise  launched  by  this  Green  Paper.  Given  the  importance  of  anti-
discrimination  policies  for  everyone  living  in  the  European  Union,  the  Commission  would 
also welcome reactions from members of the public. 

Section 2 of this Green Paper takes stock of what the EU has done during the last five years to 
combat discrimination and to promote equal treatment. It looks at how these initiatives relate 
to other policy developments at European and international levels. 

Section 3 examines new challenges that have emerged in recent years, including those linked 
to the enlargement of the EU. It assesses the implications of this changing context for policy 
development in the field of non-discrimination and equal treatment. 

Responses  to  this  Green  Paper  will  be  collected  principally  using  an  on-line  questionnaire.1 
The public consultation period begins on 1 June 2004 and ends on 31 August 2004. Further 
instructions about how to participate in the consultation process are set out in Section 5 of the 
Green Paper. 

The results of the consultation exercise will help to shape the European Commission's future 
policy strategy with regard to non-discrimination and equal treatment. They will feed into the 
reflections of the new Commission that will take office in November 2004. They will be taken 
into account in the drafting of the EU's new Social Policy Agenda, which should be approved 
during  2005.  The  Commission  will  also  take  account  of  the  outcome  of  this  public 
consultation in reports that it is required to submit to the European Parliament and the Council 
during  2005  and  2006  on  the  implementation  of  the  anti-discrimination  Directives  and 
Programme. 

1 

Web page reference. 

EN 

4 

   EN 

 
                                                 
2. 

PROGRESS TO DATE 

2.1. 

The emergence of non-discrimination as a European Community competence 

A considerable body of European legislation has been put in place over the last thirty years, in 
order to tackle sex discrimination related to pay, working conditions and social security. Over 
the  years,  the  case-law  of  the  European  Court  of  Justice  has  helped  to  clarify  and  reinforce 
this  legal  framework.  Today,  equality  between women  and  men  is  recognised  as  one  of  the 
EU’s  core  objectives  and  efforts  are  made  to  mainstream  the  gender  dimension  in  all  the 
Union’s activities. 

Building on the EU’s experience of dealing with sex discrimination, a consensus emerged in 
the mid-1990s concerning the need for the European Community to tackle discrimination on a 
number of additional grounds. Civil society organisations and the European Parliament were 
instrumental in driving this debate forward.  

The result of this process was the inclusion of a new Article (number 13) in the EC Treaty, 
following  the  entry  into  force  of  the  1997  Amsterdam  Treaty.  Article  13  represented  a 
quantum leap forward in the fight against discrimination at EU level in that it empowered the 
Community  to  take  action  to  deal  with  discrimination  on  a  whole  new  range  of  grounds, 
including racial or ethnic origin, religion or belief, age, disability and sexual orientation.  

This Article was subsequently further modified by the Nice Treaty, in order to allow for the 
adoption of incentive measures by qualified majority voting rules in the Council. Legislative 
action  continues  to  require  unanimous  approval  by  the  Council,  despite  proposals  from  the 
Commission  to  move  towards  qualified  majority  voting  in  the  context  of  the  European 
Convention. 

Article 13 

Treaty  establishing  the  European  Community  (as  amended  by  the  Amsterdam  and  Nice 
Treaties) 

1. Without prejudice to the other provisions of this Treaty and within the limits of the powers 
conferred by it upon the Community, the Council, acting unanimously on a proposal from the 
Commission  and  after  consulting  the  European  Parliament,  may  take  appropriate  action  to 
combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age 
or sexual orientation. 

2.  By  way  of  derogation  from  paragraph  1,  when  the  Council  adopts  Community  incentive 
measures, excluding any harmonisation of the laws and regulations of the Member States, to 
support  action  taken  by  the  Member  States  in  order  to  contribute  to  the  achievement  of  the 
objectives referred to in paragraph 1, it shall act in accordance with the procedure referred 
to in Article 251. 

The  adoption  of  Article  13  reflected  the  growing  recognition  of  the  need  to  develop  a 
coherent  and  integrated  approach  towards  the  fight  against  discrimination.  This  approach 
seeks to make the most of joint efforts to combat discrimination and to benefit from transfers 
of experience and good practice across the various grounds. It provides a more effective basis 
for  addressing  situations  of  multiple  discrimination.  It  allows  for  common  legal  and  policy 
approaches covering the different grounds, including common definitions of discrimination. 

EN 

5 

   EN 

 
While recognising the specific challenges faced by different groups, this integrated approach 
is  based  on  the  premise  that  equal  treatment  and  respect  for  diversity  are  in  the  interests  of 
society as a whole. 

Measures to combat discrimination are also included amongst the fundamental objectives of 
the European Union in Article 3 of the draft constitution presented to the European Council 
by the European Convention in July 2003.  

2.2. 

Building a legal framework 

The European Commission moved swiftly to put into effect the powers set out in Article 13 
and came forward at the end of 1999 with a package of proposals. This led to the unanimous 
adoption by the Council in 2000 of two ground-breaking Directives,2 which aim to ensure that 
everyone living in the EU can benefit from effective legal protection against discrimination. 

The first Directive (the “Racial Equality Directive”) bans direct and indirect discrimination, as 
well as harassment and instructions to discriminate, on grounds of  racial or ethnic  origin. It 
covers  employment,  training,  education,  social  security,  healthcare,  housing  and  access  to 
goods and services. 

The  second  Directive  (the  “Employment  Equality  Directive”)  focuses  on  discrimination  in 
employment  and  occupation,  as  well  as  vocational  training.  It  deals  with  direct  and  indirect 
discrimination,  as  well  as  harassment  and  instructions  to  discriminate,  on  the  grounds  of 
religion  or  belief,  disability,  age  and  sexual  orientation.  It  includes  important  provisions 
concerning  reasonable  accommodation,  with  a  view  to  promoting  access  of  persons  with 
disabilities to employment and training. 

The Racial Equality and Employment Equality Directives draw inspiration from earlier EEC 
legislation on equality between women and men. Many of the definitions and legal concepts 
used in the two Directives have been inspired by gender equality legislation and/or the case 
law  of  the  European  Court  of  Justice  in  the  field  of  gender  equality.  In  turn,  the  further 
development of gender equality legislation in the EU has made use of some of the innovations 
introduced by the Racial Equality and Employment Equality Directives. 

It  is  important  to  underline  that  these  Directives  have  raised  significantly  the  level  of 
protection  against  discrimination  across  the  EU.  As  a  consequence,  when  it  comes  to 
legislation in  this  area, the EU has one of the most advanced legal  frameworks to  be found 
anywhere in the world. The Directives have required significant changes to national law in all 
Member States, even those that already had comprehensive anti-discrimination legislation.  

In some countries, this has involved the introduction of an entirely new, rights-based approach 
to anti-discrimination legislation and policy. It is also important to note that Member States 
are in the process of updating their legislation on sex discrimination in the light of the Equal 
Treatment Amendment Directive 2002/73/EC, as well as transposing the Racial Equality and 
Employment  Equality  Directives.  In  several  cases,  this  has  led  to  the  adoption  of  national 
legislation covering sex discrimination alongside the other grounds of discrimination. 

2 

Council  Directive  2000/43/EC  implementing  the  principle  of  equal  treatment  between  persons 
irrespective of  racial  or  ethnic  origin (published  in OJ  L 180 of  19  July  2000)  and  Council Directive 
2000/78/EC  establishing  a  general  framework  for  equal  treatment  in  employment  and  occupation 
(published in OJ L303 of 2 December 2000). 

EN 

6 

   EN 

 
                                                 
The  Directives  have  introduced  protection  against  discrimination  on  certain  grounds  for  the 
first time in many Member States. They have required the introduction of new definitions and 
legal concepts. They have also led to the establishment of new specialised equality bodies, as 
well as the reinforcement of the powers of certain existing bodies. 

The  deadlines  for  putting  the  Racial  Equality  and  Employment  Equality  Directives  into 
national  law  have  now  passed.3  There  have  been  delays  in  the  transposition  of  these 
Directives in many Member States, although there have been some positive signs of progress 
in  recent  months.  The  Commission  is  taking  the  necessary  legal  action,  with  a  view  to 
ensuring that the Directives are transposed in all Member States.  

More  positively,  it  is  worth  noting  that,  in  the  process  of  transposing  the  Directives,  some 
Member States have gone beyond the minimum standards set out in Community legislation. 
For example, they have banned discrimination outside of employment on grounds of religion 
or  belief,  disability,  age  and  sexual  orientation.  Several  Member  States  have  put  in  place  a 
single legal framework covering sex discrimination in addition to the grounds set out in the 
two EC Directives.  

It is also positive to note the trend towards the establishment of single equality bodies dealing 
with  all  of  the  grounds  of  discrimination  covered  by  the  Directives.  In  many  cases,  these 
national bodies deal with sex discrimination alongside the other grounds covered by Article 
13  of  the  EC  Treaty.  The  Commission  is  concerned  to  ensure  that  equality  bodies  have  the 
independence, resources and capacities necessary to function effectively. 

It  is  important  to  stress  that  the  effective  implementation  of  non-discrimination  legislation 
depends  on  the  commitment  of  national  authorities,  the  active  support  and  involvement  of 
civil  society  and  complementary  support  for  non-legislative  measures 
to  combat 
discrimination. 

2.3 

EU support for measures to combat discrimination 

The Racial Equality and Employment Equality Directives are complemented by a Community 
action  programme  to  combat  discrimination.4  This  programme  covers  all  of  the  grounds  set 
out  in  Article  13  with  the  exception  of  sex,  which  is  dealt  with  separately  by  the  European 
Community’s gender equality programme.5 

The existence of the Community action programme is recognition of the fact that legislation is 
but  one  component  of  action  to  combat  discrimination.  Support  for  a  range  of  positive 
measures  is  also  necessary  in  order  to  challenge  discriminatory  behaviour  and  promote  a 
change in attitudes over time. Specifically, the programme aims to: 

3 

4 

5 

The  deadline  for  the  transposition  of  Directive  2000/43/EC  was  19  July  2003.  The  deadline  for  the 
transposition of Directive 2000/78/EC was 2 December 2003, although some Member States have made 
use of the possibility to request an additional period of up to three years to implement the provisions 
concerning discrimination on grounds of age and disability. 
Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to 
combat discrimination (2001-2006), (published in OJ L303 of 2 December 2000) 
http://europa.eu.int/comm/employment_social/equ_opp/fund_en.html 

EN 

7 

   EN 

 
                                                 
•  improve  the  understanding  of  issues  relating  to  discrimination  through  improved 
knowledge of this phenomenon and through evaluation of the effectiveness of policies and 
practice; 

•  develop  the  capacity  to  prevent  and  address  discrimination  effectively,  in  particular  by 
strengthening  organisations’  means  of  action  and  through  support  for  the  exchange  of 
information and good practice and networking at European level, while taking into account 
the specific characteristics of the different forms of discrimination; 

•  promote  and  disseminate 

the  values  and  practices  underlying 

the  fight  against 

discrimination, including through the use of awareness-raising campaigns. 

The total budget allocated to the programme is €98.4 million for the period 2001-2006. 

Three years after its launch in 2001, the programme has already made a valuable contribution 
to  the  efforts  of  the  EU  and  Member  States  to  tackle  discrimination.  The  Programme  has 
supported a total of around 100 projects and activities per year. Those activities have involved 
a wide variety of stakeholders, from national authorities to organisations representing people 
who are potentially  exposed  to  discrimination, from social partners  to equality bodies,  from 
policy and decision-makers to legal practitioners.  

Public interest in the EU's activities to combat discrimination has increased considerably since 
the launch of the programme. One indication of the level of public interest in the programme 
is  provided  by  the  high  number  of  visits  to  the  European  Commission's  anti-discrimination 
web pages, which makes this site one of the most visited on the Europa server. Recent surveys 
have indicated that, in a relatively short space of time, anti-discrimination has become one of 
the most widely known areas of EU employment and social policy. 

Examples of some of the projects supported through the programme so far are included in the 
box on this page. Further information is available on the Commission's website.6 

Examples  of  activities  supported  through  the  Community  action  programme  to  combat 
discrimination: 

Strand 1 (Analysis and Evaluation) 

The European Commission published the results of a Eurobarometer opinion survey7 in May 
2003.  This  showed  that  most  Europeans  believe  that  a  person's  ethnic  origin,  religion, 
disability  or  age  can  be  an  obstacle  in  finding  a  job,  even  where  qualifications  are  equal. 
Most were opposed to discrimination in all circumstances, although they had less faith in the 
opposition of others. 

Strand 2 (Capacity-building) 

The  Racial  Equality  Directive  requires  Member  States  to  designate  a  specialised  Equality 
Body  to  provide  assistance  to  victims  and  to  issue  reports  and  recommendations.  Under 

6 
7 

http://europa.eu.int/comm/employment_social/fundamental_rights/prog/index_en.htm 
http://europa.eu.int/comm/employment_social/fundamental_rights/prog/studies_en.htm 

EN 

8 

   EN 

 
                                                 
Strand 2 of the programme, funding has been provided to allow a network of existing and new 
Equality Bodies to be established and to promote exchanges of experience and good practice 
between these bodies.  

EN 

9 

   EN 

 
Strand 3 (Awareness-raising) 

The  European  Commission  launched  a  five-year,  EU-wide  Information  Campaign  "For 
Diversity  –  Against  Discrimination"8  in  June  2003.  This  Campaign  is  designed  to  inform 
people  about  their  rights  and  obligations  under  European  and  national  anti-discrimination 
law, as well as promoting the positive benefits of diversity for business and for society as a 
whole. 

Projects  designed  to  tackle  discrimination  in  employment  have  also  benefited  from  EU 
funding through the EQUAL Community Initiative, as well as through mainstream European 
Social Fund expenditure. Some projects supported through the Community’s gender equality 
programme have also touched on discrimination on other grounds covered by Article 13 (e.g. 
women  from  ethnic  minorities).  The  Community  action  programme  to  combat  social 
exclusion has looked at related issues from a social inclusion perspective.  

EU Programmes in the field of education, training and youth have also supported activities in 
favour of ethnic minorities, people with disabilities and other disadvantaged groups. Research 
projects  on  discrimination-related  issues  have  also  been  supported  under  the  EU's  Fifth  and 
Sixth  Framework  Programmes  for  Research  and  Technological  Development.  Information 
about  rights  to  protection  against  discrimination  and  other  issues  will  be  made  available  on 
the new version of the EU's Dialogue with Citizens website9. 

Example of an EQUAL transnational cooperation project 

"Diversity Wins": This campaign brings together partners from Greece, Spain, Germany and 
the  Netherlands.  It  aims  to  improve  migrants'  integration  into  the  labour  market  and  to 
demonstrate to employers that diversity management is of benefit to their companies and for 
society as a whole. 

For further information, see EQUAL database (http://europa.eu.int/comm/equal) 

2.4. 

The principle of non-discrimination and fundamental social rights 

The European Union’s commitment to the principle of non-discrimination was reaffirmed by 
the proclamation in December 2000 of the Charter of Fundamental Rights. 10 Article 20 of the 
Charter sets out the general principle of equality before the law and Article 21 deals with the 
principle of non-discrimination.  

EU Charter of Fundamental Rights, Article 21: 

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, 
genetic features, language, religion or belief, political or any other opinion, membership of a 
national minority, property, birth, disability, age or sexual orientation shall be prohibited. 

8 
9 
10 

http://www.stop-discrimination.info/ 
http://europa.eu.int/citizensrights 
http://europa.eu.int/comm/justice_home/unit/charte/index_en.html 

EN 

10 

   EN 

 
                                                 
2. Within the scope of application of the Treaty establishing the European Community and the 
Treaty on European Union, and without prejudice to the special provisions of those Treaties, 
any discrimination on grounds of nationality shall be prohibited. 

Article 21 of the Charter covers all of the six grounds listed in Article 13 of the EC Treaty, as 
well as seven additional grounds (social origin, genetic features, language, political or other 
opinion, membership of a national minority, property and birth).  

The  European  Convention  has  proposed  integrating  the  Charter  into  a  new  Constitutional 
Treaty for the European Union. It has also proposed that the new Treaty should include non-
discrimination amongst the central objectives of the EU. These proposals have not yet been 
approved by Member States, pending the outcome of the Intergovernmental Conference and 
the adoption of the new Treaty.  

Incorporation of the Charter of Fundamental Rights into the Treaty would not provide a new 
legal  basis  for  further  Community  legislation  in  the  field  of  non-discrimination.  However, 
many  of  the  additional  grounds  included  in  the  Charter  raise  important  and  sensitive  issues 
(for example, discrimination on grounds of genetic features). It will be necessary to consider 
how to take the debate on such issues forward at EU level. 

In  accordance  with  Article  51  of  the  Charter,  the  principles  it  sets  out  should  guide  the 
development  of  policy  in  the  EU  and  the  implementation  of  these  policies  by  national 
authorities.  The  European  Court  of  Justice  (ECJ)  has  consistently  held  that  fundamental 
human rights, derived from the international instruments to which all the Member States are 
signatories, form part of the general principles of Community law, the observance of which it 
ensures.11 The Charter has already become an important reference document for the ECJ in its 
interpretation of Community law.12  

The  principle  of  non-discrimination  on  grounds  of  sex  or  nationality  has  been  held  on 
numerous  occasions  by  the  ECJ  to  be  a  fundamental  right  under  Community  law,  any 
exceptions  to  which  must  be  narrowly  interpreted.13  This  jurisprudence  will,  no  doubt, 
influence  the  ECJ  when  it  comes  to  examine the  Racial  Equality  and  Employment  Equality 
Directives for the first time.  

2.5 

Non-discrimination and the EU’s agenda for growth, jobs and social cohesion 

At  the  March  2000  Lisbon  European  Council,  the  EU  defined  a  comprehensive  10-year 
strategy  aimed  at  long-term  economic  growth,  full  employment,  social  cohesion  and 
sustainable  development.  This  strategy  is  underpinned,  in  particular,  by  the  European 
Employment Strategy and the EU’s Social Inclusion Process. 

11 

12 

13 

E.g. Case 29/69, Stauder v City of Ulm, Case 4/73 ECR [1969] 00419, Nold v Commission, Case C-
60/00  ECR  [1974]  00491,  Case  C-60/2000,  Mary  Carpenter  v  Secretary  of  State  for  the  Home 
Department ECR [2002] I-006279 
E.g.  Case  C-245/01  -  RTL  Television  GmbH  v  Niedersächsische  Landesmedienanstalt  für  privaten 
Rundfunk ECR [2003] 0000, Cases T-116/01 & T-118/01 - P & O European Ferries (Vizcaya) & SA v 
and Diputación Foral de Vizcaya v Commission of the European Communities ECR [2003] 0000. 
E.g. Case C-13/94, P v S and Cornwall County Council ECR [1996] I-02143, Case C-55/00, Gottardo 
ECR [2002] I-00413 

EN 

11 

   EN 

 
                                                 
One of the aims of the so-called 'Lisbon agenda' is to raise the employment levels of groups 
that  are  currently  under-represented  in  the  labour  market.  Targets  include  raising  the 
employment rate of older workers and women, as well as achieving a significant reduction in 
the unemployment gaps for people at a disadvantage, such as people with disabilities, ethnic 
minorities and migrants, by 2010.  

It  is  important  to  note  that  low  participation  and  employment  rates  of  certain  groups  result 
from  a  variety  of  economic  and  social  factors.  Social  participation  and  labour  market 
measures are of course vital in improving the situation of disadvantaged groups. In addition, 
non-discrimination  legislation  and  policies  can  clearly  play  a  key  role  in  supporting  the 
Lisbon agenda. They are designed to tackle barriers that prevent members of certain groups 
from accessing jobs and training. They can also help to challenge stereotypes and prejudices 
concerning  the  capacities  of  older  workers,  people  with  disabilities,  ethnic  and  religious 
minorities and migrants. 

The importance of taking action to promote the integration of disadvantaged groups and the 
link with non-discrimination has recently been reaffirmed within the framework of the EU's 
European Employment Strategy, which includes a Guideline highlighting the need to integrate 
disadvantaged groups in the labour market.14 The Employment Taskforce chaired by Mr Wim 
Kok  has  recently  urged  Member  States  (and  social  partners)  to  do  more  to  promote  the 
integration  of  migrants  and  non-EU  nationals  in  the  labour  market,  including  measures  to 
combat discrimination in the workplace.15  

European Employment Guidelines (approved by the Council on 22 July 2003) 

Guideline 7 

Member States will foster the integration of people facing particular difficulties on the labour 
market,  such  as  early  school  leavers,  low-skilled  workers,  people  with  disabilities, 
immigrants,  and  ethnic  minorities,  by  developing  their  employability,  increasing  job 
opportunities and preventing all forms of discrimination against them. 

The revised common objectives for the EU’s Social Inclusion Process were approved at the 
Copenhagen  European  Council  in  December  2002.16  These  highlighted  “the  high  risk  of 
poverty and social exclusion faced by some men and women as a result of immigration” and 
encouraged Member States to address the situation of ethnic minorities and migrants in their 
National  Action  Plans  for  social  inclusion.  The  Social  Inclusion  Process  also  looks  at 
strategies to promote the access of people with disabilities to employment, training, education, 
the information society, health care, housing, transport and other services.  

The  European  Employment  Strategy  and  Social  Inclusion  Process  are  backed  up  by  the 
European  Social  Fund  (ESF).  Financial  support  for  measures  to  promote  the  integration  of 
disadvantaged  groups  is  available  through  the  ESF,  including  the  EQUAL  Community 
Initiative,  which  is  specifically  aimed  at  combating  all  forms  of  discrimination  and 
inequalities  in  connection  with  the  labour  market.  Support  for  disadvantaged  groups, 

14 

15 

16 

Council  Decision  2003/578/EC  of  22  July  2003  on  guidelines  for  the  employment  policies  of  the 
Member States. 
Report of the Employment Taskforce, November 2003 – 
http://europa.eu.int/comm/employment_social/employment_strategy/task_en.htm. 
Reference. 

EN 

12 

   EN 

 
                                                 
 
including  ethnic  minorities  and  the  disabled,  has  been  confirmed  as  a  priority  for  future 
funding  under  the  EU's  Structural  Funds  in  the  European  Commission's  Third  Report  on 
Social Cohesion, which was adopted on 18 February.17 

2.6. 

Non-discrimination – the international context 

The  right  to  non-discrimination  is  recognised  inter  alia  by  the  Universal  Declaration  of 
Human  Rights,  the  UN  Covenant  on  Civil  and  Political  Rights,  the  UN  Convention  on 
Economic,  Social  and  Cultural  Rights,  the  UN  Convention  on  the  elimination  of  racial 
discrimination, and ILO Convention No 111. In addition, a general principle of equality is set 
out in the Universal Declaration of Human Rights and the UN Covenant on Civil and Political 
Rights. The provisions on non-discrimination covered by the European Convention on Human 
Rights  and  Fundamental  Freedoms  were  recently  reinforced  by  the  agreement  of  a  new 
Protocol 12 to that Convention, which will provide a free-standing right to equal treatment. 

The European Union has actively supported recent efforts by the international community to 
reinforce respect for the principle of non-discrimination.  

The EU played an active role in the 2001 World Conference against Racism and Xenophobia 
(WCAR), which took place in Durban, South Africa. It has continued to follow the work of 
the Council of Europe’s European Commission against Racism and Intolerance (ECRI). It has 
participated in a series of events on tolerance and non-discrimination organised by the OSCE 
as part of its work on the "human dimension". 

Discussions have been launched in the UN context concerning a new Convention to promote 
and  protect  the  human  rights  of  people  with  disabilities.  The  European  Commission  has 
expressed  its  support  for  the  development  of  such  an  instrument  in  a  Communication 
approved in January 2003.18 Mindful that such a Convention on the rights of disabled people 
could  touch  upon  Community  competence,  and  most  likely  in  the  non-discrimination  field, 
the  Commission  presented  its  Recommendation  with  a  view  to  obtaining  a  negotiating 
mandate from the Council on 31 January 2003 (SEC(2003)116) which is still pending in the 
Council. 

There has also been considerable international interest in recent developments within the EU, 
whose anti-discrimination legislation is among the most advanced in the world and is widely 
regarded as an effective model. In addition to the new Member States and candidate countries 
(see  section  3.1  on  EU  enlargement)  there  have  been  calls  on  the  European  Commission  to 
launch  a  dialogue  on  anti-discrimination  with  the  countries  of  the  western  Balkans  and  the 
countries  covered  by  the  Commission’s  new  neighbourhood  policy.19  The  principle  of  non-
discrimination  is  reaffirmed  in  the  Cotonou  Agreement  20  between  the  EU  and  78  African, 
Caribbean  and  Pacific  countries  and  is  one  of  the  subjects  covered  in  the  political  dialogue 
underpinning cooperation with these countries. 

17 
18 

19 

20 

http://europa.eu.int/comm/regional_policy/index_en.htm 
Towards a United Nations legally binding instrument to promote and protect the rights and dignity of 
persons with disabilities COM(2003) 16 final of 24 January 2001. 
Wider  Europe  –  Neighbourhood:  A  New  Framework  for  Relations  with  our  Eastern  and  Southern 
Neighbours COM(2003)104 final of 11 March 2003. 
Article 13 of the ACP EU Partnership Agreement signed in Cotonou on 23 June 2000 

EN 

13 

   EN 

 
                                                 
3. 

CHALLENGES FOR THE FUTURE 

3.1. 

Dealing with issues linked to the enlargement of the EU 

The  publication  of  this  Green  Paper  comes  shortly  after  the  enlargement  of  the  European 
Union to include ten new Member States. As for the old Member States, non-discrimination is 
relevant  to  these  ten  countries,  and  others  that  have  applied  to  join  the  EU,  for  three  main 
reasons: 

•  The  principle  of  non-discrimination  forms  part  of  the  bedrock  of  fundamental  rights  on 
which the EU is based. As such, it is one element of the  so-called “political criteria” for 
membership  agreed  by  Member  States  at  the  1993  Copenhagen  European  Council.  New 
Member States have made substantial efforts in order to comply with the political criteria, 
which was a prerequisite for the opening of accession negotiations. 

•  New Member States are expected to have transposed the two anti-discrimination Directives 
before joining the EU, as part of the Community legislative acquis21. New Member States 
who  miss  this  deadline  will  be  treated  in  the  same  way  as  other  Member  States  who  are 
late  with  transposition  and  will  consequently  face  infringement  proceedings  for  being  in 
breach of Community law. 

•  Non-discrimination legislation and policies can support these countries’ efforts to promote 
the  inclusion  and  participation  of  minorities  and  disadvantaged  groups.  New  Member 
States will also benefit from EU financial support for the development of their strategies to 
promote employment and social inclusion. 

Enlargement should be used as an incentive for all Member States to step up their efforts to 
address  the  challenges  faced  by  minorities.  This relates  in  particular  to  the  Roma,  who  will 
collectively form the largest ethnic minority  group  in  the  enlarged EU and who continue to 
face situations  of  exclusion and discrimination  in  a  number  of  old  and  new  Member  States. 
This  is  a  multidimensional  problem  that  requires  a  coherent  policy  approach.  Anti-
discrimination legislation and policy can form one element of this approach. Other EU policy 
and funding instruments may also support the efforts of national authorities and civil society 
organisations to address these issues. 

New  Member  States  have  faced  many  of  the  same  challenges  as  old  Member  States  when 
transposing  EC  anti-discrimination  legislation.  The  introduction  of  legal  protection  against 
discrimination for the first time on some grounds (disability, sexual orientation and age) has 
been  particularly  challenging  for  a  number  of  new  Member  States.  The  Commission  has 
stressed  the  importance  of  taking  action  to  tackle  discrimination  on  the  basis  of  all  of  the 
grounds covered by the EC anti-discrimination legislation, and the fact that all grounds must 
be mentioned specifically in national implementing legislation. 

The  rights-based  approach  to  disability  reflected  in  EU  anti-discrimination  policy  is  still  a 
relatively  new  concept,  both  for  public  authorities  and  non-governmental  organisations  in 
many  of  the  new  Member  States.  The  transposition  of  anti-discrimination  provisions  on 
sexual orientation has proved controversial in several of the new Member States. 

21 

See report on Equality, Diversity and Enlargement (available at: 
http://europa.eu.int/comm/employment_social/fundamental_rights/prog/studies_en.htm) 

EN 

14 

   EN 

 
                                                 
 
In  new  Member  States,  employment  rates  of  older  workers  are  generally  very  low  (only 
30.5% on average in the ten new Member States) and older workers who have been affected 
by  economic  restructuring  often  find  it  difficult  to  access  training  and  new  employment 
opportunities. Age discrimination is currently a relatively unfamiliar concept in many of the 
countries concerned, but it would seem that the measures to tackle discrimination in access to 
employment and training required by Community law could usefully form part of a broader 
policy approach to raising labour participation rates of older workers. 

It is also important to note that enlargement will change the political and institutional context 
for  policy-making  on  non-discrimination  and  equal  treatment.  In  the  absence  of  an 
amendment to Article 13 of the EC Treaty, the adoption of Community legislation in this area 
continues to require unanimous agreement by Member States in the Council. This will clearly 
be more difficult to achieve in an EU of 25 or more Member States. Further legislative action 
in this area will require the existence of a strong and shared political will on the part of all 
Member  States.  However,  this  should  clearly  not  preclude  action  at  the  national  level  to 
ensure that the current legal framework is fully implemented and enforced across the enlarged 
EU. 

Finally,  enlargement  will  oblige  the  European  Union  to  prioritise  its  allocation  of  financial 
resources. The Commission's proposals for the EU's financial perspectives after 2007 are set 
out in a Communication adopted on 10 February 2004.22  

3.2. 

Implementing the legal framework 

The EU has put in place a strong legal framework to combat discrimination. The immediate 
challenge  will  now  be  to  ensure  the  full  and  effective  implementation  of  this  framework.  It 
will be vital to address the gap between the legal provisions agreed at EU level in 2000, the 
state of implementation in some Member States and the continued existence of discrimination 
on  the  ground.  Indeed,  there  is  evidence  that  racist  acts  and  racial  discrimination  have 
increased in recent years.23 

The  European  Commission  is  expected  to  report  to  the  Council  and  the  Parliament  during 
2005  and  2006  on  the  state  of  implementation  of  the  Racial  Equality  and  Employment 
Equality Directives. This report "shall include, if necessary, proposals to revise and update" 
the Directives. It is too still too early to  form a definitive view as to whether the new legal 
framework  is  operating  effectively  in  all  Member  States.  However,  it  is  already  possible  to 
identify a number of shortcomings.  

The Commission is concerned to note that many Member States do not seem to have made the 
best  use  of  the  three  years  since  the  adoption  of  the  Directives  to  introduce  the  necessary 
provisions.  It  is  also  aware  of  the  criticisms  from  representatives  of  civil  society  about  the 
lack of consultation in some Member States during the process of implementation. 

22 

23 

Building our common Future - Policy challenges and Budgetary means of the enlarged EU (2007-2013) 
– COM(2004) 101 final 
See,  for  example,  the  reports  produced  by  the  European  Union  Monitoring  Centre  on  Racism  and 
the  Eurobarometer  survey  on 
Xenophobia  concerning  Islamophobia  and  anti-Semitism  and 
"Discrimination in Europe". 
http://europa.eu.int/comm/employment_social/fundamental_rights/prog/studies_en.htm. 

EN 

15 

   EN 

 
                                                 
 
The Commission is extremely concerned to note the delays in transposition of the Directives 
in several Member States. In some countries, draft legislation is still under discussion or has 
not  yet  even  been  formally  tabled.  In  other  cases,  legislation  does  not  yet  cover  all  of  the 
territory of the Member State or all of the relevant levels of government.  

Where  national  legislation has been adopted,  there is often evidence that this does not fully 
transpose all of the detailed provisions of the Directives. Old and new Member States, as well 
as  candidate  countries,  have  faced  similar  challenges  in  this  respect.  They  have  had  to 
introduce  new  definitions  of  direct  and  indirect  discrimination,  as  well  as  harassment.  They 
have  had  to  deal  with  new  legal  concepts,  such  as  the  sharing  of  the  burden  of  proof  in 
discrimination  cases.  They  have  had  to  take  action  to  ban  racial  discrimination  in  areas 
outside employment, like education, social security, health care, housing and access to goods 
and  services.  It  is  far  from  clear  that  all  of  these  requirements  are  reflected  in  national 
legislation in all Member States. 

Clearly, much remains to be done in order to ensure the full and effective implementation and 
enforcement  of  the  Racial  Equality  and  Employment  Equality  Directives.  This  will  require 
further action by public authorities to complete the process of transposition into national law. 
Further efforts will also be required with regard to awareness-raising, training and cooperation 
with civil society. 

Despite  these  considerable  challenges  within  the  current  legal  framework,  demands  have 
emerged  since  2000  to  further  extend  and  reinforce  the  scope  of  protection  offered  by 
Community law in respect of some of the grounds covered by Article 13.  

The European Commission has already come forward with a proposal based on Article 13 for 
a new Directive on equal treatment between women and men in the provision of goods and 
services,24 which is currently under discussion in the Council.  

Organisations  representing  people  with  disabilities  advocated  further  action  to  tackle 
discrimination on grounds of disability outside of the employment field during the European 
Year  of  People  with  Disabilities  in  2003.  The  European  Commission  has  set  out  its  overall 
approach for pursuing its efforts in support of people with disabilities in a European Action 
Plan adopted in October 2003.25 This Action Plan sets out a number of initiatives to promote 
access  of  people  with  disabilities  to  employment,  lifelong  learning,  development  of  new 
technologies and accessibility to the built environment. 

Interest groups and experts are actively lobbying for a number of additional initiatives. These 
include,  for  example,  action  to  tackle  age  discrimination  in  the  provision  of  goods  and 
services, to broaden the level of protection with regard to sexual orientation, or to address the 
specific needs of certain minorities, such as the Roma. 

While acknowledging these demands for further action, the Commission is conscious of the 
need to ensure effective implementation of the current legal framework. It is also important to 
note  that  legislation  is  not  the  only  tool  available  at  European,  national  or  regional  level  to 
address  discrimination.  In  practice,  support  for  non-discrimination  requires  full  use  to  be 

24 
25 

EN 

COM(2003) 657 final. 
Equal 
opportunities 
COM(2003)650 final of 30.10.2003. 

for 

people  with 

disabilities : 

a 

European  Action 

Plan, 

16 

   EN 

 
                                                 
made  of  a  wide  range  of  policy  and  funding  instruments.  Concerted  action  by  the  various 
stakeholders will also be crucial to the success of these efforts. 

3.3. 

Improving data collection, monitoring and analysis 

The lack of mechanisms to collect data and to monitor trends and progress in Member States 
currently makes it difficult to assess the real extent of the challenges that exist and to measure 
the effectiveness of legislation and policies to tackle discrimination. 

This situation partly reflects an understandable concern to respect personal privacy and data 
collection  rules.  Nevertheless,  greater  availability  of  quantitative  and  qualitative  data  could 
help  to  support  the  development  of  anti-discrimination  policies.  by  establishing  baseline 
positions, identifying where results of inequalities lie and analysing their dimensions. It would 
also be useful to obtain data in order to track the impact of policy and funding.  

Such data should be sex-disaggregated, as inequalities may impact differently on women and 
men. Collecting comparable data over a period of time would also help to establish trends and 
to verify changes that are taking place in workplaces and other arenas.  

The European Commission fully recognises the sensitivity of this issue. At the same time, it 
believes that the future development of policy in the field of anti-discrimination could benefit 
from a dialogue with national authorities and other stakeholders on possible ways to improve 
data collection in this area. 

3.4. 

EU support for practical measures to tackle discrimination 

The  Community  action  programme  to  combat  discrimination  has  already  helped  to  raise 
awareness and support training and other practical measures to promote equal treatment. The 
challenge now will be to decide on the strategic priorities for future EU funding to promote 
non-discrimination, particularly following enlargement. The Commission is required to report 
to the Council and Parliament at the end of 2005 on progress with the implementation of the 
programme. An ongoing, independent evaluation of the programme will feed into this report.  

Without wanting to prejudge the results of the evaluation or the contents of the Commission 
report, it is already possible to highlight some preliminary results and a number of questions, 
based on experience with the implementation of the programme during the last three years.  

The integrated approach to the five grounds of discrimination covered by the programme has 
proved  a  useful  basis  for  transfers  of  experience  and  good  practice  (see  Section  2.1). 
However, it is clear that some organisations that have a tradition of working with particular 
target groups have found the transition to this approach challenging. 

There  has  been  a  high  level  of  demand  for  the  products  of  the  programme  in  what  is  a 
relatively  new  area  of  policy  at  EU  level  and  in  many  Member  States.  This  has  applied  in 
particular  to  the  various  studies,  reports,  seminars  and  conferences  supported  through  the 
programme. The Commission would welcome inputs on the thematic focus of future activities 
under  the  analysis  and  evaluation  strand  of  the  programme,  in  accordance  with  the  EU's 
broader equality and non-discrimination agenda. 

A  considerable  proportion  of  the  human  and  financial  resources  available  under  the  action 
programme have been devoted to transnational projects, bringing together a range of groups 
and  organisations.  Although  there  has  been  a  high  level  of  demand  for  funding  under  this 

EN 

17 

   EN 

 
strand  of  the  programme,  the  broader  impact  of  these  projects  and  their  relevance  for  the 
future  development  of  anti-discrimination  policies  at  EU  and  national  level  remains 
questionable in some cases. 

In addition, a significant amount of core funding has been provided through the programme to 
the European Disability Forum (EDF), the European Network Against Racism (ENAR), the 
European  Older  Persons  Platform  (AGE)  and  ILGA-Europe  (International  Lesbian  and  Gay 
Association) as well as a number of smaller networks in the disability field. This funding is 
intended to allow these organisations to tackle discrimination, promote equality and involve 
their members in a range of activities. The added value of EU funding to these networks will 
be assessed as part of the external evaluation of the programme. 

Finally, awareness-raising  activities  at  EU  and  national  level  have  received  support  through 
the  programme.  Although  these  efforts  have  begun  to  produce  results,  the  need  to  promote 
changes  to  behaviour  and  attitudes  is  clearly  a  long-term  process.  Future  awareness-raising 
activities  could  benefit  from  a  more  specific  focus  on  particular  target  groups  and  key 
messages. They will also have to take account of the very different national contexts across 
the enlarged EU. 

In conclusion, there appears to be a clear need for continued EU funding to support positive 
measures in this relatively new area of policy. In order to obtain maximum benefit from the 
limited  funding  available,  the  Commission  would  welcome  views  concerning  the  priorities 
and focus of future activities. 

3.5 

Reinforcing cooperation with stakeholders 

A  range  of  stakeholders  have  played  an  active  role  in  the  development  of  the  EU's  anti-
discrimination agenda. The challenge for the future will be to reinforce their involvement in 
the implementation of this agenda, and to promote networking and exchanges of experience 
between the key stakeholders.  

National  authorities  are  vital  partners  in  the  development  of  anti-discrimination  legislation 
and  policy.  The  Commission  has  built  up  a  close  partnership  with  the  relevant  government 
ministries  and  agencies  during  the  process  of  transposition  of  the  Racial  Equality  and 
Employment  Equality  Directives,  as  well  as  in  connection  with  the  implementation  of  the 
Community action programme to combat discrimination. 

The  European  Parliament  has  played  an  important  role  in  the  development  of  EU  anti-
discrimination policy and the Commission looks forward to continuing cooperation with the 
Parliament in this field after the June 2004 elections. 

The  important  role  of  the  social  partners  and  non-governmental  organisations  (NGOs) 
with  regard  to  the  implementation  and  enforcement  of  anti-discrimination  legislation  is 
mentioned specifically in the Racial Equality and Employment Equality Directives. 

At  European  level,  the  social  partners  adopted  a  declaration  during  the  European  Year  of 
People  with  Disabilities  in  2003.  They  plan  to  update  their  1995  Declaration  on  Racism 
during  2004.  The  ETUC  has  developed  a  project  on  non-discrimination  with  its  members, 
with the support of the Community action programme to combat discrimination.  

Trade union action against racial and religious discrimination 

EN 

18 

   EN 

 
The European Trade Union Confederation has been awarded funding under the Community 
action  programme  to  combat  discrimination  for  a  project  with  its  affiliates  concerning 
discrimination based on race and religion at the workplace. The project aims to examine the 
extent  to  which  this  issue  is  covered  in  collective  agreements,  as  well  as  providing  an 
overview of the number of people from religious and racial minorities who are involved in the 
decision-making process of trade unions. 

European  anti-discrimination  legislation  affects  public  and  private  sector  employers.  It 
concerns both large and small companies, as well as the self-employed. Beyond compliance 
with the requirements of the law, progressive employers in Europe are beginning to recognise 
the  positive  benefits  of  diversity.  This  fits  in  with  the  EU’s  broader  agenda  of  promoting 
Corporate Social Responsibility. Research has been undertaken on behalf of the Commission 
into the costs and benefits of diversity for employers, and the Commission has also sought to 
recognise  the  efforts  made  by  some  employers  in  this  field  in  the  framework  of  a  company 
awards scheme. 

The costs and benefits of diversity for employers 

The European Commission published independent research in November 2003 concerning the 
"emerging  business  case"  for  diversity.26  Based  on  a  survey  of  over  200  small  and  large 
companies, the study identified a number of important benefits relating to workforce diversity. 
These  included  corporate  reputation,  human  capital  and  avoidance  of  costs  related  to 
workplace discrimination and harassment. Challenges highlighted by the report included lack 
of awareness, resistance to organisational change and difficulties linked to data collection. 

NGOs continue to be key advocates for the development of non-discrimination policies in the 
EU. Many of them have benefited from funding under the Community action programme to 
combat discrimination, allowing them to work together with their partners at European level. 
They  have  an  important  role  to  play  at  national  level  in  supporting  the  transposition  of  EC 
anti-discrimination  legislation,  raising  awareness  about  new  rights  and  obligations  and 
providing assistance to victims.  

The  integrated  approach  to  anti-discrimination  based  on  Article  13  of  the  Treaty  has 
encouraged  NGOs  that  have  a  tradition  of  working  with  particular  groups  to  cooperate  and 
join  forces.  This  has  been  a  challenging  process  for  some  organisations.  Funding  made 
available to NGOs under the Community action programme to combat discrimination has also 
helped to focus attention on the new EU anti-discrimination policy framework and the need to 
deliver results in accordance with this framework.  

The Racial Equality Directive requires Member States to set up specialised bodies to promote 
equality,  particularly  by  providing  assistance  to  victims  of  discrimination  and  producing 
independent  reports  and  recommendations.  A  similar  requirement  to  set  up  a  body  dealing 
with gender equality is included in the 2002 amended equal treatment directive27 and in the 
proposal  for  a  Directive  on  equal  treatment  for  men  and  women  in  access  to  goods  and 
services presented by the Commission in November 2003.28  

26 
27 
28 

http://europa.eu.int/comm/employment_social/fundamental_rights/prog/studies_en.htm 
http://europa.eu.int/comm/employment_social/equ_opp/rights_en.html 
COM(2003) 657 final of 5 November 2003. 

EN 

19 

   EN 

 
                                                 
In fact, a number of Member States have taken this opportunity to establish equality bodies, 
whether combined or separate, covering all of the grounds of discrimination set out in Article 
13. This is a positive development, as it demonstrates that some Member States are willing to 
go  beyond  the  minimum  standards  set  out  in  Community  law.  The  Equality  Bodies  will 
certainly be key partners in the future development of anti-discrimination policy in the EU. 

Regional  and  local  authorities  are  also  vital  partners  in  the  EU’s  non-discrimination  and 
equal  treatment  agenda.  They  can  help  to  set  a  positive  example,  in  their  role  as  employers 
and service providers. They are also well placed to raise awareness and to promote dialogue 
with  local  communities.  The  Committee  of  the  Regions  has  been  a  firm  supporter  of 
Community policy in the field of anti-discrimination. 

Academic experts have also contributed to the debate on the EU's anti-discrimination agenda. 
An  important  body  of  academic  literature  has  emerged  since  the  adoption  of  the  Racial 
Equality and Employment Equality Directives. 

The European Union Monitoring Centre on Racism and Xenophobia in Vienna continues 
to  support  the  development  of  EU  policy  in  this  area.  Following  the  conclusions  of  the 
December 2003 European Council, discussions are now underway concerning the broadening 
of the Vienna Centre’s mandate to cover the full range of human rights questions. It will be 
necessary  to  see  how  the  new  human  rights  agency  can  continue  its  work  on  racial 
discrimination and extend this to cover other forms of discrimination. 

3.6 

Integrating the principle of non-discrimination in other policy areas 

The  Racial  Equality  and  Employment  Equality  Directives,  together  with  the  Community 
action  programme  to  combat  discrimination,  form  part  of  the  EU's  broader  strategy  to 
promote the inclusion and participation of disadvantaged groups. One of the key challenges 
for the future will be to reinforce the contribution of other EU policy and funding instruments 
to the fight against discrimination. 

In the context of the European Employment Strategy, some Member States have begun to use 
their  National  Action  Plans  for  employment  to  develop  a  more  comprehensive  strategy, 
combining  measures  to  promote  the  integration  of  disadvantaged  groups  with  measures  to 
tackle  discriminatory  attitudes,  behaviour  and  practices.  However,  the  merits  of  this  dual 
approach  are  only  beginning  to  be  recognised  and  implementation  could  usefully  be 
reinforced.  

Analysis of the 2003 Social Inclusion National Action Plans showed that only a minority of 
Member States make an explicit link between measures to combat social exclusion and efforts 
to  combat  discrimination,  including  anti-discrimination  legislation.  This  link  could  also  be 
strengthened by Member States and groups involved in the fight against social exclusion. 

With  regard  to  migrants  and  ethnic  minorities,  national  measures  in  the  employment  and 
social  inclusion  field  continue  to  place  the  main  emphasis  on  the  need  for  migrants  and 
members  of  ethnic  minorities  to  adapt,  most  notably  through  integration  measures,  such  as 
language  courses.  While  these  initiatives  are  important,  they  should  be  accompanied  by 
measures  that  address  the  potentially  discriminatory  behaviour,  attitudes  or  practices  of  the 
majority  of  the  population,  which  can  prevent  a  migrant  or  member  of  an  ethnic  minority 
from  accessing  a  job  or  service  or  training  course  irrespective  of  his  or  her  qualifications, 
experience or language ability. Member States could be encouraged to make greater use of the 

EN 

20 

   EN 

 
European  Social  Fund  to  tackle  discrimination,  as  well  as  more  traditional  integration 
measures such as the provision of training. 

Rather  than  specific  measures,  many  Member  States  attempt  to  target  vulnerable  groups 
through  their  mainstream  initiatives,  with  the  general  focus  on  improving  employability, 
access to housing and educational performance, with only a few countries providing clear and 
specific objectives and targets for disadvantaged groups. The lack of reliable and comparable 
data is an obstacle to the development and monitoring of effective policies in this area at both 
national and European level. 

The  Commission  notes  the  growing  trend  at  national  level  in  some  Member  States  to  deal 
with  gender  equality  alongside  measures  to  combat  discrimination  on  the  other  grounds  set 
out in Article 13 of the EC Treaty. This trend applies particularly to legal measures and the 
establishment  of  single  equality  bodies  dealing  with  different  grounds  of  discrimination  at 
national  level.  The  development  of  an  integrated  approach  is  intended,  in  particular,  to 
respond to situations of multiple discrimination and the desire to develop effective approaches 
to the promotion of equal treatment. The Commission is also aware that many employers tend 
to  deal  with  these  questions  together  in  their  policies  to  promote  diversity  and  tackle 
discrimination.  

The Commission would, therefore, be interested to hear views concerning the possibilities for 
strengthening  the  integrated  approach  to  anti-discrimination  covering  all  of  the  grounds 
mentioned in Article 13 of the EC Treaty, including sex. This should not replace the particular 
focus  on  specific  institutional  arrangements  and  initiatives  targeting  all  forms  of  gender 
discrimination, as this is part of the existing gender mainstreaming approach. 

4. 

CONCLUSION 

This Green Paper is being put forward with a view to raising a wide number of issues linked 
to the future of equality and non-discrimination policy in an enlarged European Union.  

Enormous progress has been made at EU level during the last five years to develop a legal and 
policy framework for tackling discrimination and promoting equal treatment. However, it is 
important  to  acknowledge  that  much  remains  to  be  done  in  order  to  ensure  the  full  and 
effective  implementation  of  this  framework  across  the  enlarged  EU.  It  is  also  important  to 
acknowledge  that  legislation  is  but  one  tool  in  the  fight  against  discrimination.  Changes  to 
attitudes and behaviour require sustained effort and action to back up legislation with concrete 
measures. 

This  Green  Paper  highlights  a  number  of  areas  where  further  efforts  are  required.  Many  of 
these efforts imply action at national and regional level, as well as the active involvement of 
civil  society  and  other  stakeholders.  The  EU  will  continue  to  support  and  monitor  this 
process. 

Suggestions of possible courses of action which could be explored at the European level are 
put forward in the Green Paper. These are intended to stimulate feedback and are not meant to 
be exhaustive. This also applies to the on-line questionnaire annexed to this document, which 
is  designed  to  facilitate  reactions  from  a  wider  section  of  the  public  than  that  which 
traditionally  has  the  capacity  to  provide  input  into  EU  policy.  All  interested  parties  are 
welcome  to  contribute  to  this  debate  and  put  forward  their  options  for  the  future.  The 

EN 

21 

   EN 

 
Commission  looks  forward  to  hearing  your  views  to  help  shape  the  EU's  future  non-
discrimination and equal treatment agenda. 

EN 

22 

   EN 

 
5. 

HOW TO TAKE PART IN THIS CONSULTATION 

The public consultation period begins on 1 June and ends on 31 August 2004. 

We invite you to send us your replies using the online answer form, which you will find on 
the European Commission’s website at: 

All  data  concerning  natural  persons  will  remain  anonymous.  Organisations  are  invited  to 
identify themselves. 

We encourage you to use the online answer form. This will make it easier for us to include 
your  views  in  the  consultation  process.  However,  you  may  also  send  us  a  short  written 
contribution to the following address: 

Green Paper 
DG EMPL/D/3 
J37 2/23 
European Commission 
B-1049 Bruxelles 

EN 

23 

   EN 

 
ANNEX  

Green Paper on equality and non-discrimination in an enlarged EU 

QUESTIONNAIRE 

1. 

MEETING THE CHALLENGE OF ENLARGEMENT 

How important do you think that it will be for the EU to reinforce its efforts to combat 
discrimination on grounds of racial or ethnic origin, religion or belief, disability, age and 
sexual orientation following enlargement? 
Very important – important – not important – don't know 

2. 

IMPLEMENTING THE PRINCIPLE OF NON-DISCRIMINATION IN LAW AND IN PRACTICE 

What impact do you think that European legislation has had on the level of protection in the 
EU against discrimination on grounds of racial or ethnic origin, religion or belief, disability 
age and sexual orientation? 
Very strong impact – strong impact – limited impact – no impact – don't know 

What do you consider to be the main remaining obstacles to the effective implementation of 
European anti-discrimination legislation? (Maximum 3 responses) 

•  National implementing legislation incomplete 

•  Lack  of  information/awareness  about  rights  and  obligations  under  anti-discrimination 

legislation 

•  Continued existence of discriminatory attitudes and behaviour 

•  Difficulties experienced by victims of discrimination in accessing law courts or tribunals 

•  Insufficiently effective sanctions and remedies 

•  Different levels of protection for different grounds of discrimination 

•  Overlap/conflicts between provisions on different grounds of discrimination 

•  Capacity of non-governmental organisations and trade unions to defend victims 

•  Effectiveness of specialised equality bodies 

•  Other (Free text – maximum number of words) 

Do you consider that there are serious problems which are not currently covered by European 
anti-discrimination legislation? (Yes/No) 

•  If so, please specify the problem. (Free text – maximum number of words) 

EN 

24 

   EN 

 
•  In  your  view,  how  effective  would  the  following  tools  be  in  addressing  this  problem? 

(Maximum 3 responses) 

–  Awareness-raising 

–  Training 

–  Voluntary codes of practice 

–  Agreements between the social partners 

–  Further legislation 

–  Public procurement/contract compliance 

–  Positive action 

•  Assess the importance of taking action at the following levels: 

–  Local 

–  Regional 

–  National 

–  European 

Should  the  EU  stimulate  debate  on  additional  grounds  of  discrimination  covered  by  the 
Charter of Fundamental Rights29? (Maximum 3 responses)  

•  Social origin 

•  Genetic features 

•  Language 

•  Political or other opinion 

•  Membership of a national minority  

•  Property 

•  Birth 

3. 

IMPROVING DATA COLLECTION, MONITORING AND ANALYSIS 

How important do you think the collection of data is to the development of effective policies 
to promote equality and tackle discrimination? 
Very important – Important – Not important – Don't know 

29 

See Article 21 of the EU Charter of Fundamental Rights. 

EN 

25 

   EN 

 
                                                 
Do you agree that the EU should cooperate with national authorities and other stakeholders in 
order to explore possible ways of collecting data related to discrimination and the integration 
of disadvantaged groups? 
Strongly agree – agree – disagree – strongly disagree – don't know 

4. 

MAKING FULL USE OF EU FUNDING 

Which of the following areas should be a priority for EU funding? (Maximum 3 responses) 

•  EU-wide  studies  comparing  experience  of  discrimination  and  measures  to  tackle 

discrimination 

•  Analysis and monitoring of the impact of anti-discrimination legislation 

•  Information and awareness-raising activities 

•  Training on diversity and discrimination 

•  Networking between groups involved in the fight against discrimination 

•  Vocational training and work experience for members of disadvantaged groups 

•  Other (free text) 

On which thematic areas should future activities concentrate? (Maximum 3 responses) 

•  Employment and the workplace 

•  The business case for diversity 

•  Public procurement 

•  Discrimination  outside  of  the  employment  field  (education,  social  security,  health  care, 

access to goods and services, housing) 

•  International comparisons in the field of anti-discrimination 

•  The economic impact of anti-discrimination legislation 

•  Other (free text) 

5. 

REINFORCING COOPERATION WITH STAKEHOLDERS 

Do you believe that any of the following stakeholders should be involved to a greater extent 
in the EU's efforts to tackle discrimination? (Maximum 3 responses) 

•  National authorities 

•  Regional and local authorities 

•  Organisations working with potential victims of discrimination 

EN 

26 

   EN 

 
•  European-level networks of NGOs 

•  Trade unions 

•  Employers organisations 

•  Large companies 

•  Small and medium-sized companies 

•  Service providers 

•  Specialised equality bodies 

•  Judges and legal practitioners 

•  Other (free text) 

6. 

ENSURING COMPLEMENTARITY WITH OTHER AREAS OF EU POLICY 

Which of the following instruments do you feel could be used in a more effective way to 
support the EU's efforts to tackle discrimination? (Maximum 3 responses) 

•  European Employment Strategy 

•  European Social Inclusion Strategy and Programme 

•  European Social Fund 

•  EQUAL Community Initiative 

•  Social dialogue 

•  Corporate Social Responsibility 

•  Education, training and youth 

•  Other (free text) 

Do you agree that efforts to tackle sex discrimination in the EU should be linked more closely 
to efforts to tackle discrimination on grounds of racial or ethnic origin, religion or belief, age, 
disability and sexual orientation? 
Strongly agree – agree – disagree – strongly disagree – don't know 

Do  you  agree  that  it  remains  necessary  to  tackle  specifically  sex  discrimination  and  the 
promotion of gender mainstreaming? 
Strongly agree – agree – disagree – strongly disagree – don't know 

EN 

27 

   EN