Opinion of the European Economic and Social Committee on the  Proposal for a Decision of the European Parliament and the Council on the European Year of Equal Opportunities for All (2007) — Towards a Just Society (COM(2005) 225 final — 2005/0107 (COD))
Date: 2005-12-14
Institutions: European Economic and Social Committee
Subjects: ESC opinion, European cultural event, European social policy, anti-discriminatory measure, equal treatment, job access

C 65/70

EN

Official Journal of the European Union

17.3.2006

Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the
European Parliament and the Council on the European Year of Equal Opportunities for All (2007)
— Towards a Just Society’

(COM(2005) 225 final — 2005/0107 (COD))

(2006/C 65/14)

On 27 October 2005, the European Economic and Social Committee, acting under Rule 29(2) of its Rules
of Procedure, decided to draw up an opinion on the abovementioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 8 December 2005. The rapporteur was Mária
Herczog.

At its 422nd plenary session, held on 14 and 15 December 2005 (meeting of 14 December 2005), the
European Economic and Social Committee adopted the following opinion by 123 votes in favour, no votes
against and seven abstentions:

1. EESC's position in brief

1.1
The European Economic and Social Committee reiterates
its strong support for the programme for the European Year of
Equal Opportunities (2007), and its commitment
to equal
opportunities, European social cohesion and fundamental
rights for all.

1.2
In its recent opinions on this subject the EESC has
consistently emphasised the need for more tangible progress
than has been achieved to date in order to eliminate all forms
of discrimination as defined in Article 13. (1) The Committee
acknowledges that various corrective measures have been taken
to promote equal opportunities, but still feels that in many
areas there is still a need for urgent action, and that the Year of
Equal Opportunities in 2007 could represent a favourable
opportunity to identify and highlight the groups concerned.

1.3
The EESC believes that every individual residing within
the EU should be guaranteed non-discrimination and equal
opportunities in the enjoyment of the full range of human
rights: civil, political, economic, social and cultural. Therefore,
the Year should be used to advance the elimination of all types
of discrimination. Although particular attention is given to the
grounds covered by Article 13, the Year should be seen as an
opportunity to raise awareness about the discrimination faced
by specific groups that are not normally considered such as
children and about issues related to discrimination not tackled
yet.

EESC opinion on the

(1) EESC opinion on Poverty among Women in Europe (rapporteur:
Brenda King) - JO C 24 of 31.1.2006; EESC opinion on the Social
(rapporteur: Ursula Engelen-Kefer) – JO C 294 of
Agenda
25.11.2005;
Fund
(rapporteur: Ursula Engelen-Kefer) – OJ C 234, 22.9.2005; EESC
opinion on the Commission programme for Employment and Social
Solidarity – PROGRESS (rapporteur: Wolfgang Greif) – JO C 234 of
22.3.2006; EESC opinion on EQUAL (rapporteur: Sukhdev Sharma)
– OJ C 241, 28.9.2004; EESC opinion on European Year of People
with Disabilities (rapporteur: Miguel Ángel Cabra de Luna) –
OJ C 110, 30.4.2004.

European Social

1.4
The EESC endorses the Social Agenda for the 2005-
2010 period, which focuses on the need for equal opportu-
nities and social cohesion, and formulates a new strategy for
action in these areas. Subject to the following proposed modifi-
cations and additions, the EESC accepts and supports the objec-
tives of the European Year of Equal Opportunities (2007),
relating to rights, representation, recognition and respect and
tolerance, as well as mainstreaming of the relevant issues.

2. Supporting arguments for the opinion and comments

2.1 Gist of the Commission document

2.1.1
The Commission's Communication on the Social
Agenda for the period 2005-2010 emphasised the importance
of promoting equal opportunities for all in order to achieve a
more cohesive society. It announced the Commission's inten-
tion to develop a new framework strategy on non-discrimina-
tion and equal opportunities for all (set out in the Communica-
tion accompanying this proposal). (2) One of the major initia-
tives announced in the Communication is to propose that
2007 be designated European Year of Equal Opportunities for
All. The global objective of the Year will be to raise awareness
of the benefits of a just, cohesive society where there is equality
of opportunity for all. This will require tackling barriers to
participation in society and promoting a climate in which
Europe's diversity is seen as a source of social and cultural
vitality. The specific objectives of the European Year are as
follows:

— Rights — Raising awareness of rights to equality and non-

discrimination

(2) 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 opportu-
nities for all – A framework strategy (COM(2005) 224).

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— Representation — Stimulating debate on ways to increase
civil, political, economical, social, cultural participation in
society

— Recognition — Celebrating and accommodating diversity

2.2.4
There are social and economic arguments in favour of
ensuring equal opportunities for all individuals and in particu-
lar those who are discriminated against or are in a less advanta-
geous position due to social, economic, cultural geographical
or other circumstances.
If adequate support were provided,
they could play a full part in society contributing both socially
and economically.

— Respect and tolerance — Promoting a more cohesive

society

The current proposal sets out the provisions for the European
Year of Equal Opportunities for All and establishes a budget for
the action. The proposal is based on Article 13 of the Treaty
establishing the European Community. (3)

2.2 General and specific comments

Achieving equality is, and should remain, a priority of
2.2.1
EU policy. Although there have been significant
legislative
changes at European and national level in the anti-discrimina-
tion field, particular regarding the specific grounds of discrimi-
nation mentioned in Article 13 of the Treaty, further action is
required to ensure more consistent implementation of equal
opportunities and non-discrimination. Although indirect forms
of discrimination are often discernible, they are difficult to
prove, and the programme for the 2007 Year of Equal Oppor-
tunities should pay attention to this.

2.2.2
Another area that needs to be addressed is the differ-
ences in the level and scope of protection against discrimina-
tion on different grounds. The Committee strongly recom-
mends that discrimination on each ground — gender, race or
ethnic origin, religion or belief, disability, age and sexual orien-
tation — should be prohibited in the areas of employment,
training, education, social protection, social advantages and
access to goods and services. To do otherwise risks creating a
hierarchy between the groups.

Since the drafting of

2.2.3
the Charter of Fundamental
Rights, the EU can no longer be seen as an intergovernmental
association of states based on mere economic interest, and
therefore adequate attention should be paid to the social
groups which, as a result of various forms of exclusion, are
either disadvantaged on labour markets and in economic life
or, despite participation in labour markets, are still afflicted by
poverty.

(3) Article 13 of the Treaty establishing the European Community: (1)
Without prejudice to 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.

In the view of the EESC, the programme of the Euro-
2.2.5
pean Year of Equal Opportunities, planned for 2007,
is an
opportunity to highlight those who can be overlooked: for
example young people, including children, who experience age
discrimination; individuals who experience multiple discrimina-
tion on several grounds and inhabitants of remote or sparsely
populated regions and towns who are affected by discrimina-
tion but may not have access to required services.

The Committee considers that the Year should also
2.2.6
provide the opportunity to further explore key challenges such
as the topic of multiple discrimination often exercised towards
some groups (e.g. disabled children, elderly migrants, Roma
women). Finally, there is a need to take into account, in all
initiatives in the anti-discrimination field, of the diverse and
heterogeneous nature of the groups that most face discrimina-
tion.

2.2.7
The European Year should be an opportunity to
improve the situation of more groups. Showing the way ahead,
special attention should be given to the UN's Convention on
the Rights of the Child, a document ratified by all EU Member
States, and thus opening the door to its inclusion among the
principles adopted by the EU Member States, and making the
protection of children's rights a European requirement in the
future.

2.2.8
It would still be premature to assess the initial impact
of the Year of People with Disabilities (2003) and of the action
plan then adopted (2004-2010), (4) but what is clear (5) is that
this social group, thanks to the impact of the European year, is
receiving more attention in the Member States, and that
members of the public have easier access to more accurate
information on their fellow-citizens with disabilities. However,
in order to achieve real changes, an appropriate evaluation of
progress to date and follow-up of the European Years are essen-
tial. An opinion on the evaluation and follow-up of the Euro-
pean Year of People with Disabilities
is currently being
prepared by the EESC.

Among the indirect benefits of the Year, when any
2.2.9
legislation is drawn up the chapter on monitoring should take
account not only of the percentage of EU citizens who have
learned more about social groups systematically encountering
discrimination, but also of
specific changes occurring in
everyday life and administrative practices.

(4) EESC opinion, see SOC 163 – OJ C 110 of 30.4.2004.
(5) See: Eurobarometer.

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employees in order to encourage and support the development
of workplace non-discrimination and diversity policies. The
EESC recommends that The European Year should be used to:

— identify and promote the exchange of

information and

examples of good practice;

— raise awareness among companies about the added value of
respecting and integrating equal opportunities within their
recruitment and career progression policies;

— create partnerships and sustainable networks between
employers and other stakeholders including NGOs and
organisations that work with groups who face discrimina-
tion;

— link with and advance the forthcoming Commission Plan
on Corporate Social Responsibility (to be released in
January 2006).

The Year of Equal Opportunities should be solidly
2.2.15
prepared on the basis of previous experience. Appropriate
information should be suitably worded and presented in clear
language so as to be comprehensible to all, and so as to ensure
the availability of
training and educational opportunities,
adequate media attention, coordination with other policies, and
provision of the requisite technical assistance. Research find-
ings, together with examples of best practice and successful
programmes, should be more widely publicised and made more
adaptable.

The EESC feels that

2.2.16
is very
limited considering the ambitions and, indeed, the needs. Atten-
tion should be paid to the allocation of the available resources
to ensure that those primarily involved will have access to
them.

the planned budget

It should also be made clear during the Year of Equal
2.2.17
Opportunities
that everybody, and not only the groups
mentioned in Article 13 and this opinion, should have the
chance to further develop their skills and potential, primarily
by means of social
thus ensuring
equal opportunities.

inclusion and education,

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

2.2.10
The mainstreaming of the different grounds of discri-
mination in all EU policies and initiatives, as well as the consid-
eration of the specific requirements of a specific ground when
developing actions related to other grounds (e.g. taking into
account disability issues when considering the other grounds) is
the key to advancing the elimination of discrimination and the
promotion of equal opportunities. The experience already
gained in this field regarding areas such as gender could be
transferred to other grounds of discrimination.

2.2.11
It is of vital importance to emphasise not only that
discrimination, xenophobia and racism are unacceptable, but
also that there is a need for multicultural European values and
for implementation of the directives which have already been
adopted in the field of EU anti-discrimination policy.

relevant minority groups, public-

In several of its opinions, (6) the EESC has empha-
2.2.12
sised the need to involve NGOs, as well as representatives of
and private-sector
the
employers, the social economy, employees and regions. At the
same time, those affected by discrimination and groups and
organisations representing them must be involved in all stages
and at all levels of implementation. In planning, implementing
and monitoring support, it is necessary to ensure more effec-
tively (perhaps by means of reports from alternative sources)
that,
there is adequate communication with
NGOs.

instance,

for

Special attention and recognition should be given to
2.2.13
the role of
the NGOs and organisations representing the
groups facing discrimination. Their involvement in the Euro-
pean Year should be ensured at all
levels (local, regional,
national and European) and all stages (over-all planning, imple-
mentation, enforcement, evaluation and follow-up of the Year).
In particular, the role of Social Economy companies and orga-
nisations (cooperatives, associations, foundations and mutual
funds) in the fight against discrimination should be highlighted
and taken into account.

2.2.14
The Committee is encouraged that the Commission
recognises the importance of working with employers and

Brussels, 14 December 2005.

(6) See SOC/189 - OJ C 234 of 22.9.2005.