Communication from the Commission to the Council, the European Parliament, the European Economic and Social committee and the Committee of the Regions - Non-discrimination and equal opportunities for all - A framework strategy {SEC(2005) 689}
Date: 2005-06-01
Institutions: European Commission
Subjects: anti-discriminatory measure, economic policy, equal treatment, fundamental rights, job access, social policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.6.2005 
COM(2005) 224 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Non-discrimination and equal opportunities for all - A framework strategy  

{SEC(2005) 689} 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Non-discrimination and equal opportunities for all - A framework strategy  

(Text with EEA relevance) 

1. 

INTRODUCTION – THE POLICY CONTEXT 

The European Union is committed to the promotion of fundamental rights, non-discrimination 
and equal opportunities for all. 

For many years, the EU has been at the forefront of efforts to tackle sex discrimination and to 
promote  equality  between  women  and  men.  More  recently,  it  has  taken  action  to  protect 
people  against  discrimination  on  grounds  of  racial  or  ethnic  origin,  religion  or  belief, 
disability, age and sexual orientation. 

These  efforts  have  produced  results,  including  the  development  of  some  of  the  most 
comprehensive  and  far-reaching  anti-discrimination  legislation  to  be  found  anywhere  in  the 
world.  However,  further  action  is  required  in  order  to  ensure  the  full  and  effective 
implementation  and  enforcement  of  this  legal  framework.  Personal  characteristics  such  as 
gender, ethnicity, age, sexual orientation or disability continue to prevent some people from 
realising  their  full  potential.  Discrimination  blights  individual  lives.  It  is  also  bad  for  the 
economy and for society as a whole. Moreover, it undermines confidence in and support for 
the fundamental European values of equality and the rule of law.  

The  effective  removal  of  obstacles  to  employment,  training  and  other  opportunities  is  vital. 
Indeed, it will be difficult for the EU to achieve the ambitious targets that it has set itself for 
economic  and  employment  growth  if  some  people  are  excluded  from  jobs  and  higher 
achievement on the basis of gender, disability, race, age or other grounds. The need to combat 
discrimination and to integrate disadvantaged groups into the labour market is reinforced by 
the demographic challenges facing the EU, which will see its working age population decline 
by over 20 million during the next 25 years.  

It  is  clear  that  the  implementation  and  enforcement  of  anti-discrimination  legislation  on  an 
individual level is not enough to tackle the multifaceted and deep-rooted patterns of inequality 
experienced  by  some  groups.  There  is  a  need  to  go  beyond  anti-discrimination  policies 
designed to prevent unequal treatment of individuals. The EU should reinforce its efforts to 
promote equal opportunities for all, in order to tackle the structural barriers faced by migrants, 
ethnic minorities, the disabled, older and younger workers and other vulnerable groups. 

The EU has a long experience of tackling sex discrimination and promoting gender equality. 
It  will  continue  to  develop  specific  measures  in  this  area.  The  Commission  has  recently 
proposed the establishment of a new European Institute for Gender Equality to support the EU 

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institutions  and  the  Member  States  in  promoting  equality  between  women  and  men  and 
combating  sex  discrimination1.  It  plans  to  come  forward  in  2006  with  proposals  for  the 
follow-up 
the  current  Gender  Equality  Framework  Strategy  (2001-2005).  That 
Communication  will  constitute  the  roadmap  for  future  activities  in  the  field  of  gender 
equality.  

to 

In addition, the EU should consider how its experience of combating sex discrimination and 
promoting gender equality may be transferable to other grounds of discrimination. In line with 
the principle of gender mainstreaming, it should take into account the different ways in which 
women and men experience discrimination on grounds of racial or ethnic origin, religion or 
belief, disability, age and sexual orientation. In some areas, it may be appropriate to consider 
the development of an integrated approach to the promotion of non-discrimination and gender 
equality.  This  integrated  approach  should  take  into  account  the  fact  that  some  people  may 
experience multiple discrimination on several grounds. 

In  addition  to  the  implementation  of  policies  to  tackle  discrimination  and  to  promote  equal 
opportunities, the EU will continue to promote specific activities in line with the multi-annual 
action  plan  in  the  field  of  disabilities  proposed  by  the  European  Commission  in  20032.  The 
EU’s  first  biannual  report  on  the  situation  of  people  with  disabilities  will  be  published  in 
December 2005. 

2. 

RESPONDING  TO  THE  CONCERNS  OF  STAKEHOLDERS  -  OUTCOME  OF  THE  GREEN 
PAPER CONSULTATION 

This Communication follows on from the Green Paper on Equality and non-discrimination in 
an enlarged EU adopted by the European Commission on 28 May 20043. It takes account of 
the  comments  and  reactions  submitted  by  national  authorities,  specialised  equality  bodies, 
non-governmental  organisations,  regional  and  local  authorities,  the  social  partners,  experts 
and individual members of the public. (In total, over 1 500 contributions were received.) 

The consultation confirmed the high level of interest in and support for EU action in this area, 
as  well  as  for  specific  action  to  promote  gender  equality.  An  overwhelming  majority  of 
respondents considered that the Union should reinforce its efforts to combat discrimination on 
grounds of sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation 
following enlargement. 

The  consultation  exercise  highlighted  the  need  for  further  action  in  order  to  maximise  the 
impact  of  current  EC  anti-discrimination  legislation.  This  included  action  to  complete  the 
process  of  transposition  into  national  law,  as  well  as  awareness-raising.  Some  respondents 
highlighted  the  need  for  additional  measures  to  complement  the  current  legal  framework, 
including  the  possibility  of  further  EC  legislation  based  on  Article  13  of  the  EC  Treaty. 
Others felt that this was premature and underlined the need to take into account the principle 
of  subsidiarity,  as  well  as  weighing  up  the  potential  economic  costs  and  benefits  of  further 
legislative action. 

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COM(2005) 81, 8.3.2005. 
Equal  opportunities  for  people  with  disabilities  –  a  European  Action  Plan  -  COM(2003)  650, 
30.10.2003. 
COM(2004)  379.  Text  of  the  Green  Paper  and  details  of  contributions  received  available  at  : 
http://europa.eu.int/comm/employment_social/fundamental_rights/policy/aneval/green_en.htm. 

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There was overwhelming support for further action in the area of data collection, in order to 
improve  understanding  of  discrimination  and  to  be  able  to  design  and  monitor  effective 
policies  in  this  area.  However,  concerns  were  also  expressed  regarding  the  need  to  protect 
personal  privacy  and  to  exercise  caution  about  what  data  should  be  collected  and  how  it  is 
processed. 

The vast majority of written responses to the Green Paper highlighted the added value of EU 
funding  in  supporting  policy  development  and  implementation  of  anti-discrimination 
legislation.  The  three  main  priorities  identified  for  future  EU  funding  were  information  and 
awareness-raising,  analysis  and  monitoring  of  the  impact  of  anti-discrimination  legislation 
and networking between groups involved in the fight against discrimination. Responses also 
underlined the importance of involving all of the relevant stakeholders in policy development 
at the European, national, regional and local levels. 

The  Green  Paper  highlighted  a  number  of  other  EU  policy  areas,  which  could  make  a 
contribution  to  the  implementation  of  the  principle  of  non-discrimination.  Responses  to  the 
Green  Paper  appeared  to  reflect  an  emerging  consensus  that  it  would  be  useful  to  begin  to 
"mainstream" equality and non-discrimination considerations across a range of EU policies. 

There  was  also  widespread  agreement  that  the  EU  should  promote  joint  efforts  to  promote 
equality  and  to  tackle  discrimination  on  all  of  the  grounds  set  out  in  Article  13  of  the  EC 
Treaty.  However,  respondents  also  underlined  the  need  to  maintain  a  specific  focus  on  the 
promotion of gender equality. 

3. 

A FRAMEWORK STRATEGY FOR NON-DISCRIMINATION AND EQUAL OPPORTUNITIES 

3.1. 

Ensuring effective legal protection against discrimination 

It is now almost five years since the adoption of EC legislation4 prohibiting direct and indirect 
discrimination  on  grounds  of  racial  or  ethnic  origin,  religion  or  belief,  disability,  age  and 
sexual orientation. The two Directives adopted in 2000 have complemented the considerable 
body of EC law in the field of sex discrimination. The Directives include detailed definitions 
of  direct  and  indirect  discrimination,  as  well  as  harassment.  They  also  allow  for  certain 
exceptions to the principle of equal treatment, which may be considered legitimate ina limited 
number of circumstances. 

The  last  few  years  have  witnessed  significant  changes  in  national  law  across  the  EU  as  a 
direct result of EC anti-discrimination legislation. However, the Commission is concerned to 
note that some important provisions have not yet been fully transposed into national law in all 
Member States. 

The  lack  of  effective  and  properly  resourced  Equality  Bodies,  able  to  give  independent 
assistance to victims, in some Member States is particularly worrying. Also of concern is the 
lack of attention paid to disseminating information about new anti-discrimination rights. It is 

4 

Directive 2000/43/EC of 29 June 2000 (OJ L 180, 19.7.2000, p 22) implementing the principle of equal 
treatment  between  persons  irrespective  of  racial  or  ethnic  origin  and  Directive  2000/78/EC  of  27 
November 2000 (OJ L 303, 2.12.2000) p 16) establishing a general framework for equal treatment in 
employment and occupation. 

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extremely  difficult  for  victims  of  discrimination  to  enforce  their  rights  without  information 
and specialised help.  

The Commission has already launched infringement procedures against a number of Member 
States  and  will  continue  to  monitor  progress  with  transposition  closely.  The  Commission  is 
due to report in 2006 on the state of transposition of Directives 2000/43/EC and 2000/78/EC 
including, if necessary, proposals to revise and update the Directives.  

It is also clear that, in addition to legislative transposition, further measures will continue to 
be required for some time in order to ensure that anti-discrimination legislation is effectively 
implemented and enforced across the EU. Priority areas for action include: 

•  targeted  training  and  capacity-building  actions  for  specialised  equality  bodies,  judges, 

lawyers, NGOs and the social partners; 

•  networking and exchanges of experience between relevant stakeholders; 

•  awareness-raising and dissemination of information concerning the provisions of European 

and national anti-discrimination law. 

In  order  to  be  effective,  such  measures  will  require  concerted  efforts  by  all  of  the  relevant 
stakeholders at the European, national and regional levels. EU support will be made available, 
where appropriate, through the Community action programme to combat discrimination and, 
after 2007, through the PROGRESS programme.  

Furthermore, the Commission hopes that the Council will soon be able to reach agreement on 
its  2001  proposal  for  a  Framework  Decision  establishing  common  standards  for  combating 
racial crime, including anti-Semitism and offences against other religious minorities. 

Other  initiatives  taken  by  the  EU  complement  the  legal  framework  in  the  field  of  anti-
discrimination  by  creating  more  favourable  conditions  for  those  who  might  be  exposed  to 
discrimination or otherwise disadvantaged. These initiatives include EU legislation setting out 
the  rights  of  long-term  residents  from  third  countries5,  as  well  as  legislation  extending  EU 
rules on coordination of social security to third country nationals6. 

(cid:51)  Annual  comprehensive  report  on  national  implementing  measures  transposing  the 
provisions of Directives 2000/43/EC and 2000/78/EC (legal experts group) 

(cid:51) Publication in early 2006 of Commission reports to the Council and Parliament analysing 
the state of transposition of Directives 2000/43/EC and 2000/78/EC 

(cid:51)  EU  funding  for  accompanying  measures  through  the  Community  action  programme  to 
combat discrimination and, after 2007, through PROGRESS 

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Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals 
who are long-term residents (OJ L 16, 23.1.2004, p. 44). 
Council Regulation (EC) No 859/2003 of 14 May 2003 (OJ L124, 20.5.2005). 

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3.2. 

Assessing  the  need  for  further  action  to  complement  the  current  legal 
framework 

Under  the  current  EC  legal  framework,  racial  discrimination  is  prohibited  in  the  areas  of 
employment, training, education, social protection, social advantages and access to goods and 
services  (Directive  2000/43/EC).  The  scope  of  protection  against  discrimination  on  grounds 
of  religion  or  belief,  age,  disability  and  sexual  orientation  is  limited  to  employment, 
occupation and vocational training (2000/78/EC). Directive 2004/113/EC extends protection 
against  sex  discrimination  to  the  area  of  goods  and  services,  but  not  to  certain  other  areas 
covered by Directive 2000/43/EC. 

The  Commission  acknowledges  the  demands  from  certain  stakeholders  to  take  action  to 
address the differences in the level and scope of protection against discrimination on different 
grounds. Given the need for additional efforts to ensure the proper functioning of the existing 
legal  framework,  as  well  as  the  economic  and  political  concerns  highlighted  in  some 
responses to the Green Paper consultation, the Commission is not proposing to come forward 
at this stage with further legislative proposals based on Article 13 of the Treaty. 

However, the Commission will undertake an in-depth study into the relevance and feasibility 
of  possible  new  measures  to  complement  the  current  legal  framework.  This  study  will 
examine  national  provisions,  which  go  beyond  the  requirements  of  the  EC  Directives,  in 
Member States and in some third countries. It will consider the relative merits of legislative 
and  non-legislative  measures.  It  will  also  produce  a  synthesis  of  cost/benefit  analyses  of 
different policy options carried out at the national level. The results of the study will be made 
available  in  autumn  2006.  On  the  basis  of  this  material,  the  Commission  will  assess  the 
feasibility of possible new initiatives to complement the current legal framework. 

(cid:51)  Feasibility  study  concerning  possible  new  initiatives  to  complement  the  current  legal 
framework 

3.3.  Mainstreaming non-discrimination and equal opportunities for all 

Anti-discrimination legislation relies heavily on the willingness and capacity of disadvantaged 
individuals to engage in complex adversarial litigation. Legal protection of individual rights is 
clearly important, and high-profile cases may help to bring about social and cultural change 
over time.  

However, it is difficult for legislation alone to tackle the complex and deep-rooted patterns of 
inequality  experienced  by  some  groups.  Positive  measures  may  be  necessary  to  compensate 
for  long-standing  inequalities  suffered  by  groups  of  people  who,  historically,  have  not  had 
access to equal opportunities. 

The  EU’s  experience  in  the  field  of  gender  equality  strongly  suggests  that  protection  of 
individual rights must be backed up by accompanying measures in order to bring about lasting 
change  and  to  promote  genuine  equal  opportunities  for  all.  This  is  confirmed  by  the 
experiences of Member States that already have several years or, in some  cases, decades of 
experience in implementing national anti-discrimination legislation. 

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In the gender field, based on Article 3(2) of the EC Treaty, this has led to the development of 
the  practice  of  “mainstreaming”7  the  objective  of  promoting  equality  between  women  and 
men  into  all  relevant  EU  policies.  The  EU  also  has  some  experience  in  developing  a 
mainstreaming approach in connection with combating racism8 and promoting the integration 
of people with disabilities9. 

Subject  to  its  ratification,  the  Constitutional  Treaty  for  Europe,  in  its  Article  III-118,  could 
provide  a  new  basis  for  developing  a  mainstreaming  approach  to  all  of  the  grounds  of 
discrimination covered in the former Article 13 of the EC Treaty. It  is  also  worth noting in 
this  regard  Article  II-111  of  the  Constitutional  Treaty,  which  reaffirms  that  the  rights  and 
principles set out in the Charter of Fundamental Rights (including non-discrimination) should 
be respected by EU institutions, as well as Member States when implementing EU law. 

The Commission has committed itself to ensuring that EU legislative and regulatory proposals 
are consistent with the provisions of the EU Charter of Fundamental Rights10. One vehicle for 
this “screening” is the “impact assessment” to which all new proposals must undergo before 
adoption  by  the  Commission.  A  methodology  for  the  monitoring  of  compliance  with  the 
Charter of Fundamental Rights has been set out in a recent Commission Communication11. 

As well as providing greater visibility and coherence, mainstreaming and the development of 
an integrated approach should help to focus on situations of multiple discrimination, as well 
as the positive benefits of promoting equal opportunities for all. 

(cid:51)  Development  of  tools  to  promote  mainstreaming  of  non-discrimination  and  equal 
opportunities for all in relevant EU policies 

(cid:51) Biennial reports on the situation of people with disabilities (first report 2005) 

3.4. 

Promoting and learning from innovation and good practice 

In line with the mainstreaming approach outlined in section 3.3, the Commission will aim to 
ensure  that  a  range  of  EU  funding  instruments  contribute  to  the  promotion  of  non-
discrimination and equal opportunities for all. In particular, it will seek to promote exchanges 
of  good  practice,  cooperation  and  networking  between  national  authorities,  specialised 
equality bodies, organisations working with victims of discrimination, and other stakeholders. 

Building on the innovative approaches to preventing labour market discrimination developed 
through  the  EQUAL  Community  Initiative12,  the  European  Social  Fund  should  play  an 
increasingly  important  role  in  this  area.  The  Commission’s  proposals  for  European  Social 

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Gender  mainstreaming  is  described  in  COM(96)  67  as  "The  systematic  integration  of  the  respective 
situations, priorities and needs of women and men in all policies and with a view to promoting equality 
between women and men and mobilising all general policies and measures specifically for the purpose 
of achieving equality by actively and openly taking into account at the planning stage, their effect on the 
respective situation of women and men." 
Action Plan Against Racism - COM(1998) 183, 25.3.1998. 
Equal  opportunities  for  people  with  disabilities  –  a  European  Action  Plan  -  COM(2003)  650, 
30.10.2003. 
SEC(2001) 380. 
COM(2005) 172, 27.4.2005. 
http://europa.eu.int/comm/employment_social/equal/index_en.cfm 

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Fund  assistance  during  the  new  programming  period  2007-2013  include  a  specific  focus  on 
reinforcing social inclusion of people at a disadvantage and combating discrimination13. 

The PROGRESS programme14 will complement the work of the ESF in the fields of gender 
equality  and  anti-discrimination  by  financing  studies,  awareness-raising,  exchanges  of  good 
practice,  networking,  monitoring  and  evaluation.  The  PROGRESS  proposal  has  taken  due 
account  of  the  lessons  learned  through  the  Community  action  programmes  to  combat 
discrimination15 and to promote Gender Equality16.  

Following  on  from  the  current  Socrates,  Leonardo  and  Youth  Programmes,  the  new 
generation of programmes17 in the area of education, training and youth can make a valuable 
contribution to the promotion of non-discrimination and equal opportunities for all. These are 
also areas that could benefit from further comparative research and study in the framework of 
the  EU's  sixth  and  seventh  research  framework  programmes18.  EU  financial  support  in  the 
area of fundamental rights and in the field of immigration and asylum, including the European 
Fund for Refugees and the INTI and ARGO programmes, can help to support efforts to tackle 
discrimination and to promote equal opportunities for all19. 

Improving the collection of data related to discrimination will be essential for the monitoring 
the  implementation  of  EC  anti-discrimination  legislation.  The  Commission  will  work  with 
national  authorities  and  other  stakeholders  to  develop  better  statistical  tools  to  evaluate  the 
incidence of discrimination. It will publish a handbook setting out practical guidance on the 
collection of data related to discrimination in 2006. 

Since  its  establishment  in  1997,  the  European  Union's  Monitoring  Centre  on  Racism  and 
Xenophobia  (EUMC)20  has  played  an  important  role  in  supporting  efforts  by  the  EU  and 
Member  States  to  fight  racism  and  xenophobia.  Building  on  the  EUMC's  work,  the 
Commission will soon come forward with proposals to establish a new Fundamental Rights 
Agency.  The  Agency's  tasks  are  expected  to  include  information  and  data  collection 
concerning  a  broad  range  of  issues,  advice  to  policy-makers,  cooperation  with  civil  society 
and awareness-raising. 

(cid:51)  Independent  evaluation  of  the  Community  action  programme  to  combat  discrimination 
(2005) 

(cid:51) Publication of Handbook on the collection of data related to discrimination (2006) 

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COM(2004) 493, 14.7.2004. 
COM(2004) 488, 14.7.2004. 
http://europa.eu.int/comm/employment_social/fundamental_rights/policy/prog_en.htm 
http://europa.eu.int/comm/employment_social/equ_opp/fund_en.html 
COM(2004) 474 and COM(2004) 471, 14.7.2004. 
http://europa.eu.int/comm/dgs/research/index_en.html 
http://europa.eu.int/comm/justice_home/funding/intro/funding_intro_en.htm 
http://eumc.eu.int/eumc/index.php 

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3.5. 

Raising awareness and cooperating with stakeholders 

In  order  to  drive  forward  the  agenda  outlined  in  this  Communication  for  a  more  positive 
approach  to  equality,  the  Commission  is  proposing  to  designate  2007  as  European  Year  of 
Equal Opportunities for All. The European Year will help to raise awareness, focus political 
attention and mobilise key stakeholders. The Year will focus on four main priority objectives: 

•  Rights 

•  Recognition 

•  Representation 

•  Respect 

The Year will aim to: inform people of their rights to protection against discrimination under 
European and national law; celebrate diversity as an asset for the EU; and to promote equal 
opportunities  for  all  in  economic,  social,  political  and  cultural  life.  Complementarity  and 
coordination  with  the  European  Year  of  Intercultural  Dialogue  in  2008  will  be  particularly 
relevant, in order to ensure that both Years are mutually supportive in terms of their scope and 
the actions supported. Where relevant, some of the key messages and themes of the European 
Year  of  Equal  Opportunities  for  All  may  be  carried  over  into  the  European  Year  of 
Intercultural Dialogue. 

The  Commission  is  convinced  of  the  need  to  involve  all  of  the  relevant  European  and 
national-level stakeholders in order to ensure the effective implementation of the principle of 
non-discrimination  across  the  EU.  It  proposes,  therefore,  to  organise  an  annual,  high  level 
"Equality  Summit"  involving  Ministers,  heads  of  national  Equality  Bodies,  Presidents  of 
European-level  NGOs,  the  European  social  partners  and  representatives  of  international 
organisations.  This  Equality  Summit  would  take  place  for  the  first  time  in  early  2007,  to 
coincide within the launch of the European Year of Equal Opportunities for All. 

The  Commission  is  particularly  keen  to  work  with  employers  in  order  to  encourage  and 
support  the  development  of  workplace  non-discrimination  and  diversity  policies.  As  an 
employer  itself,  the  European  Commission  is  well  aware  of  the  challenges  posed  by  the 
development of an effective policy to combat discrimination and promote equal opportunities. 
It  is  currently  implementing  the  Fourth  Action  Programme  for  Equal  Opportunities  for 
Women and Men in the European Commission, and has also more recently launched specific 
initiatives to promote employment of people with disabilities and ethnic minorities. 

(cid:51) European Year of Equal Opportunities for All (2007) 

(cid:51) Annual, High-Level Equality Summit bringing together key stakeholders 

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3.6. 

A  special  effort  to  tackle  discrimination  and  social  exclusion  faced  by 
disadvantaged ethnic minorities 

One  of  the  key  challenges  facing  the  enlarged  European  Union  is  the  need  to  develop  a 
coherent  and  effective  approach  to  the  social  and  labour  market  integration  of  ethnic 
minorities.  Enlargement  has  increased  the  EU’s  diversity  in  terms  of  culture,  language  and 
ethnicity. This trend is set to continue with the accession of Bulgaria and Romania in 2007, as 
well as the planned opening of negotiations for membership with Croatia and Turkey. 

One issue of particular concern is the situation of the Roma. The Commission has repeatedly 
highlighted the difficult conditions faced by Roma communities in Member States, candidate 
countries  and  acceding  countries.  Substantial  amounts  of  financial  assistance  have  been 
provided from the EU budget, including over €100 million through the PHARE programme 
for  projects  specifically  targeting  Roma.  However,  the  Roma  continue  to  experience 
particularly severe forms of exclusion and discrimination in education, employment, housing, 
healthcare and other areas. Furthermore, the EU needs to develop appropriate responses to the 
different needs of new migrants, established minorities of immigrant origin and other minority 
groups. 

A wide range of existing EU policy and funding instruments can help to support the efforts of 
national authorities and civil society to promote the integration of minorities. The challenge 
for the future will be to promote concerted efforts by all of the relevant stakeholders in order 
to maximise the impact and effectiveness of these instruments. 

EC anti-discrimination legislation prohibits direct and indirect discrimination on the basis of 
racial  or  ethnic  origin,  as  well  as  religion.  In  the  context  of  the  European  Employment 
Strategy,  Member  States  are  encouraged  to  develop  measures  to  promote  the  labour  market 
integration  of  minorities  in  the  framework  of  their  National  Action  Plans.  The  EU's  open 
method of coordination on social inclusion also targets poverty and exclusion experienced by 
ethnic minorities, migrants and other disadvantaged groups. EU financial support is available 
to  address  these  challenges  through  the  European  Social  Fund,  including  the  EQUAL 
Community Initiative.  

In order to support policy development in this area, the Commission plans to establish a high-
level  advisory  group  on  social  and  labour  market  integration  of  disadvantaged  ethnic 
minorities.. This group, which should meet for the first time in early 2006, will bring together 
a  limited  number  of  eminent  personalities  from  the  world  of  politics,  business,  civil  society 
and the international community. 

(cid:51) High-Level Advisory Group on Social and Labour Market Integration of Disadvantaged Ethnic 
Minorities  

3.7. 

Enlargement, relations with third countries and international cooperation 

In  the  context  of  EU  enlargement,  human  rights  principles,  including  respect  for  and 
protection  of  minorities,  are  an  integral  part  of  the  so-called  "political  criteria"  for 
membership  of  the  EU.  These  principles  are  central  to  the  EU's  pre-accession  strategy  with 
the acceding and candidate countries (Bulgaria, Romania, Turkey and Croatia) as well as to 
the  stabilisation  and  association  process  with  the  other  countries  of  the  Western  Balkans 
(Albania,  Bosnia  &  Herzegovina,  FYROM,  Serbia  &  Montenegro)  In  addition,  future 

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Member  States  are  required  to  comply  with  the  EU  legislative  acquis  in  the  field  of  anti-
discrimination and equal opportunities. 

The  current  and  future  pre  accession  financial  instruments21  will  continue  to  provide  EU 
funding to promote non-discrimination and equal opportunities in countries that are preparing 
for  membership  of  the  EU.  EU  funding  is  also  a  key  tool  for  developing  the  necessary 
institutional and administrative capacity for the implementation of the EU acquis. 

Anti-discrimination  and  human  rights  concerns  are  also  reflected  in  the  European 
Neighbourhood  Policy  (ENP)  and  the  first  wave  of  Action  Plans  covering  relations  with 
Jordan,  Moldova,  Morocco,  Tunisia,  Ukraine,  Israel  and  the  Palestinian  Authority.  The  23 
June 2000 Cotonou Agreement between the EU and 78 African, Caribbean and Pacific (ACP) 
countries sets out the signatories' obligation to ensure respect for human rights, which are an 
essential  element  of  the  Agreement22,  and  to  eliminate  all  forms  of  discrimination  based 
particularly on origin, sex, race, language and religion23. Non-discrimination is the subject of 
regular political dialogue between the EU and its ACP partners24. 

Non-discrimination issues, particularly the situation of minorities, are frequently raised in the 
EU’s human rights dialogues with third countries, as well as with international organisations. 
EU  financial  support  for  non-discrimination  and  equal  opportunities  is  made  available  for 
projects implemented by NGOs and international organisations in third countries through the 
European  Initiative  for  Democracy  and  Human  Rights,  as  well  as  certain  cooperation 
programmes with countries in Asia, Latin America, and the ACP and MEDA regions. 

The EU will pursue cooperation with relevant international organisations, including the UN, 
the  Council  of  Europe  and  the  OSCE.  The  framework  of  international  treaties  and 
declarations  dealing  with  non-discrimination  and  equal  opportunities  form  an  important 
reference  framework  for  ongoing  work  within  the  EU,  as  well  as  for  the  Union’s  relations 
with third countries.  

The  European  Commission  plays  an  active  role  in  promoting  the  principle  of  non-
discrimination and equal opportunities within the UN. It is actively involved in the follow-up 
to  the  1995  Beijing  Conference  on  gender  equality.  It  contributed  to  the  2001  World 
Conference  Against  Racism  in  Durban.  It  currently  participates  on  behalf  of  the  EU  in 
negotiations concerning a new UN Convention on the Rights of Persons with Disabilities. The 
EU also supports the efforts of the International Labour Organisation to promote the decent 
work agenda, which includes the principles of equality and non-discrimination. 

(cid:51)  Promotion  of  non-discrimination  and  equal  opportunities  for  all  in  the  context  of 
enlargement, as well as relations with third countries 

(cid:51)  Cooperation  with  international  organisations,  with  a  view  to  ensuring  coherence, 
complementarity and a clear division of labour 

21 
22 
23 
24 

http://europa.eu.int/comm/enlargement/financial_assistance.htm 
Article 9 of the Cotonou Agreement 
Article 13 of the Cotonou Agreement 
Article 8 of the Cotonou Agreement 

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4. 

CONCLUSION 

This Communication sets  out  a forward-looking strategy  to promote non-discrimination and 
equal opportunities for all in the EU. The Commission will present a communication dealing 
in more detail with gender equality in 2006. 

Ensuring  effective  legal  protection  against  discrimination  across  the  EU  is  a  central  part  of 
this  strategy.  This  involves  ensuring  the  full  transposition  of  EC  anti-discrimination 
legislation  by  all  Member  States.  It  also  requires  a  range  of  complementary  measures, 
particularly in order to ensure that people are aware of their rights and are able to get access to 
justice. 

In addition to the legal protection of individual rights, this Communication sets out a strategy 
for  the  positive  and  active  promotion  of  non-discrimination  and  equal  opportunities  for  all. 
The  effective  implementation  of  this  strategy  will  mean  moving  forward  on  a  broad  front, 
with the participation of all the relevant stakeholders as well as the public at large. This new 
approach  is  reflected  in  the  proposal,  which  accompanies  this  Communication,  to  designate 
2007 European Year of Equal Opportunities for All. 

The Commission will closely monitor the implementation of the framework strategy and the 
initiatives set out in this Communication. It will call on external expertise, where appropriate, 
in  order  to  evaluate  progress  made  and  the  impact  of  specific  activities.  In  the  interests  of 
transparency, the Commission will organise regular meetings with key stakeholders, including 
national  authorities,  specialised  equality  bodies,  civil  society  organisations  and  the  social 
partners  in  order  to  seek  their  views  and  to  encourage  their  active  involvement  in  the 
promotion of non-discrimination and equal opportunities for all.  

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