natgillin/translations-raw huggingface dataset:
Ч. като има предвид, че събирането на данни е от съществено значение за борбата срещу дискриминацията, като категоризираните по етноси статистически данни могат да бъдат важни за доказването на косвената дискриминация, за осведомяването относно политиката и за разработването на стратегии за положителни действия, но то същевременно повдига някои въпроси, свързани както с етиката, така и с правото,
X. whereas data collection is essential in the fight against discrimination, and ethnically disaggregated statistical data can be essential for demonstrating indirect discrimination, informing policy and developing positive action strategies, but at the same time raises several ethical and legal questions,
Ш. като има предвид, че събирането на данни не трябва да нарушава правото на личен живот, като разкрива самоличността на физически лица или служи като база за определяне на общи расови или етнически характеристики,
Y. whereas such data collection must not infringe personal privacy by revealing individual identities or serve as a basis for ethnic or racial profiling,
Правна помощ
Legal redress
Щ. като има предвид, че алтернативните процедури за разрешаване на спорове не би трябвало да възпрепятстват достъпа до съдилищата,
Z. whereas alternative dispute resolution procedures should not pre-empt access to the courts,
Ща. като има предвид, че голям брой жертви на дискриминация не подават жалби в съда поради различни причини, сред които са разноските и страхът от репресии,
Za. whereas a large number of victims of discrimination do not lodge a complaint with the courts for various reasons, including cost and fear of reprisals,
Щб. като има предвид, че целите на борбата срещу дискриминацията могат да бъдат постигнати единствено ако правните мерки се съчетаят с положителни действия на равнище ЕС и на равнище държави-членки,
Zb. whereas the goals of the fight against discrimination can be reached only if the legal measures are combined with positive actions on the level of the EU and the Member States;
Щв. като има предвид, че Агенцията по основните права в Европейския съюз е натоварена със задачата да събира и анализира важни, достоверни и съпоставими сведения и данни, свързани с основните права,
Zc. whereas the European Union Agency for Fundamental Rights has the task of collecting and analysing relevant, reliable, comparable information and data relating to fundamental rights,
Приети текстове, P6_TA (2006)0261. , поиска от Комисията да "разгледа като спешен проблем качеството и съдържанието на законодателството за прилагане на директивите, насочени срещу дискриминацията";
T exts Adopted , P6_TA (2006)0261. , asked the Commission to 'examine as to matter of urgency the quality and content of the laws implementing the anti‑discrimination directives';
8. по-специално призовава за стриктно наблюдение и контрол над прилагането на правилото за частичното изместване на тежестта на доказване, което е особено ефективно в случаи на трудови спорове;
Calls, in particular, for strict monitoring of the application of the rule on the partial reversal of the burden of proof, which is particularly effective in the case of employment-related disputes;
20. счита, че ромската общност, както и други признати етнически общности, се нуждае от особена социална защита, по-специално във връзка с разширяването, тъй като проблемите, свързани с експлоатацията, дискриминацията и социалната изолация са се изострили още повече;
Considers that the Roma community, together with other recognised ethnic communities, need particular social protection, particularly further to enlargement, since the problems of exploitation, discrimination and exclusion have become more acute in their regard;
27. твърдо вярва, че е жизненоважно служителите да бъдат обучавани относно целите и разпоредбите на директивата с оглед на тяхната отговорност за прилагането на директивата в обществото като цяло и с цел да се елиминират всички рискове от институционален расизъм в рамките на самите държавни органи; призовава държавите-членки да инвестират в подобно обучение и поощрява тях и Комисията да създават европейски програми за обмен между различните национални държавни органи;
Firmly believes that it is vitally important that officials receive training on the subject of the aims and provisions of the Directive, in view of their responsibility for implementation of the Directive within society as a whole and in order to remove all risks of institutional racism within government bodies themselves; calls on the Member States to invest in such training and encourages them and the Commission to set up European programmes for exchanges between the various national government bodies;
In 1997 the Amsterdam Treaty included article 13 on non-discrimination to the EC-Treaty.
In 1997 the Amsterdam Treaty included article 13 on non-discrimination to the EC-Treaty.
It serves as a basis for two directives, the Employment Equality Directive
It serves as a basis for two directives, the Employment Equality Directive
Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. and the so-called Racial Equality Directive
Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. and the so-called Racial Equality Directive
Directive 2000/43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. .
Directive 2000/43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. .
The latter Directive had to be implemented by the Member States before the 19th of July 2003.
The latter Directive had to be implemented by the Member States before the 19th of July 2003.
The report of the European Commission
The report of the European Commission
COM(2006) 643 final/2 of 15 December 2006. provides an analysis of the implementation of the Directive for equal treatment between persons irrespective of racial or ethnic origin.
COM(2006) 643 final/2 of 15 December 2006. provides an analysis of the implementation of the Directive for equal treatment between persons irrespective of racial or ethnic origin.
At a later stage this year, the European Commission is likely to provide information on possible infringement procedures.
At a later stage this year, the European Commission is likely to provide information on possible infringement procedures.
The Rapporteur is of the opinion that the Racial Equality Directive (2000/43/EC) forms an important piece of legislation.
The Rapporteur is of the opinion that the Racial Equality Directive (2000/43/EC) forms an important piece of legislation.
It was a major step forward in protecting people against discrimination and giving them possibilities for redress.
It was a major step forward in protecting people against discrimination and giving them possibilities for redress.
Also important is the fact that the Directive applies to all persons, regardless of citizenship or residence status.
Also important is the fact that the Directive applies to all persons, regardless of citizenship or residence status.
There is still much work to be done for a correct implementation of the Directive.
There is still much work to be done for a correct implementation of the Directive.
The Rapporteur calls on the Commission to not only look into the correct legal transposition of the Directives, but also to consider the obstacles on the ground.
The Rapporteur calls on the Commission to not only look into the correct legal transposition of the Directives, but also to consider the obstacles on the ground.
Many people are unaware of their rights or find it difficult to pursue a claim.
Many people are unaware of their rights or find it difficult to pursue a claim.
Information about the anti-discrimination laws and access to the right of redress should get more priority.
Information about the anti-discrimination laws and access to the right of redress should get more priority.
Despite progress in the transposition of the anti-discrimination directives, racism has not decreased.
Despite progress in the transposition of the anti-discrimination directives, racism has not decreased.
On the contrary.
On the contrary.
Within the European Union, the amount of registered racial acts has dramatically increased.
Within the European Union, the amount of registered racial acts has dramatically increased.
This is accompanied by evidence of increased tolerance for discriminatory behaviour particularly against immigrants and Muslims.
This is accompanied by evidence of increased tolerance for discriminatory behaviour particularly against immigrants and Muslims.
Racism is contrary to the principles of the European Union.
Racism is contrary to the principles of the European Union.
It undermines social cohesion and hampers emancipation of people.
It undermines social cohesion and hampers emancipation of people.
It is important that the European Parliament gives an impetus to increase the political will to address racism.
It is important that the European Parliament gives an impetus to increase the political will to address racism.
For the implementation of the Directive, the Rapporteur has looked into scope, legal redress, burden of proof, the equality bodies, dissemination of information and awareness.
For the implementation of the Directive, the Rapporteur has looked into scope, legal redress, burden of proof, the equality bodies, dissemination of information and awareness.
The Racial Equality Directive was revolutionary at the time of its adoption, because it did not limit the protection against discrimination to the area of employment.
The Racial Equality Directive was revolutionary at the time of its adoption, because it did not limit the protection against discrimination to the area of employment.
Article 3 includes in the material scope amongst others social security, education and the access to goods and services, including housing.
Article 3 includes in the material scope amongst others social security, education and the access to goods and services, including housing.
The broad scope of Directive 2000/43/EC was not mirrored in the Employment Directive (2000/78/EC), which prohibits discrimination on grounds of religion or belief, disability, age or sexual orientation, but only in the area of employment and occupation.
The broad scope of Directive 2000/43/EC was not mirrored in the Employment Directive (2000/78/EC), which prohibits discrimination on grounds of religion or belief, disability, age or sexual orientation, but only in the area of employment and occupation.
The Rapporteur welcomes the fact that a number of Member States have adopted the broad scope of the Racial Equality Directive for all grounds of discrimination, thereby going beyond the Directive.
The Rapporteur welcomes the fact that a number of Member States have adopted the broad scope of the Racial Equality Directive for all grounds of discrimination, thereby going beyond the Directive.
The Rapporteur is of the opinion that the Employment Directive should be amended, to have the same scope as the Racial Equality Directive.
The Rapporteur is of the opinion that the Employment Directive should be amended, to have the same scope as the Racial Equality Directive.
This is necessary in order not to create a hierarchy in forms of discrimination and also to avoid problems in case of multiple discrimination.
This is necessary in order not to create a hierarchy in forms of discrimination and also to avoid problems in case of multiple discrimination.
Moreover, since racism is interlinked with discrimination on the grounds of nationality and/or religion or belief, adjustment of the scope of the Directive might be necessary to increase access to effective redress.
Moreover, since racism is interlinked with discrimination on the grounds of nationality and/or religion or belief, adjustment of the scope of the Directive might be necessary to increase access to effective redress.
While most countries seem to meet the material scope of the Racial Equality Directive, there are still some significant gaps that need to be addressed.
While most countries seem to meet the material scope of the Racial Equality Directive, there are still some significant gaps that need to be addressed.
Five Member States, for example, still have to adequately transpose the Directive in the fields outside employment.
Five Member States, for example, still have to adequately transpose the Directive in the fields outside employment.
Malta, Latvia, Estonia, Poland, Czech Republic.
Malta, Latvia, Estonia, Poland, Czech Republic.
Moreover, in some Member States the transposition has been limited to the private sector.
Moreover, in some Member States the transposition has been limited to the private sector.
In two countries military service is excluded from the scope of transposing legislation.
In two countries military service is excluded from the scope of transposing legislation.
While the public sector is not adequately covered in many Member States, one Member State has limited the application of the Directive in the private sector.
While the public sector is not adequately covered in many Member States, one Member State has limited the application of the Directive in the private sector.
Since all public and private bodies fall within the material scope of the Directive, it is necessary to find out why certain sectors have been left out.
Since all public and private bodies fall within the material scope of the Directive, it is necessary to find out why certain sectors have been left out.
The Rapporteur also wants to hear from the Commission if the Directive also covers activities of the police authorities in the Member States, such as ethnic profiling.
The Rapporteur also wants to hear from the Commission if the Directive also covers activities of the police authorities in the Member States, such as ethnic profiling.
Legal redress
Legal redress
All states combine judicial proceedings with non judicial proceedings.
All states combine judicial proceedings with non judicial proceedings.
This is important because in civil proceedings the burden of proof is not only on the side of the victim, and because he or she is not dependent on the state prosecutor to file a complaint.
This is important because in civil proceedings the burden of proof is not only on the side of the victim, and because he or she is not dependent on the state prosecutor to file a complaint.
Generally speaking there is a low number of case law on discrimination.
Generally speaking there is a low number of case law on discrimination.
Some might conclude that racism is not too big a problem, but research shows otherwise.
Some might conclude that racism is not too big a problem, but research shows otherwise.
A more realistic argument is that there are still many barriers to justice.
A more realistic argument is that there are still many barriers to justice.
The length and complexity of the procedures may act as deterrent to victims.
The length and complexity of the procedures may act as deterrent to victims.
as is the case in Portugal and in Slovenia there are concerns that some judicial proceedings may take five years or more.
as is the case in Portugal and in Slovenia there are concerns that some judicial proceedings may take five years or more.
On the contrary when it comes to filing a complaint the time is sometimes too short.
On the contrary when it comes to filing a complaint the time is sometimes too short.
For example, victims have only 30 days in Hungary or 2 months in the Netherlands and Ireland to bring their case forward.
For example, victims have only 30 days in Hungary or 2 months in the Netherlands and Ireland to bring their case forward.
In a number of Member States insufficient financial means to pursue a case may be a real obstacle.
In a number of Member States insufficient financial means to pursue a case may be a real obstacle.
i.e; in the Czech Republic, Lithuania and Slovakia.
i.e. in the Czech Republic, Lithuania and Slovakia.
Associations can be of real help to victims.
Associations can be of real help to victims.
However, many Member States do not foresee special rules on the engagement of associations in discrimination proceedings.
However, many Member States do not foresee special rules on the engagement of associations in discrimination proceedings.
Few States allow associations to engage in proceedings 'on behalf of' victims of discrimination.
Few States allow associations to engage in proceedings 'on behalf of' victims of discrimination.
There are some positive examples like in Spain or Latvia where legal entities legally authorised to defend legitimate collective rights and interests may engage on behalf of the complainant, with his or her approval, in any judicial procedure in order to give effect to the principle on equal treatment based on racial or ethnic origin.
There are some positive examples like in Spain or Latvia where legal entities legally authorised to defend legitimate collective rights and interests may engage on behalf of the complainant, with his or her approval, in any judicial procedure in order to give effect to the principle on equal treatment based on racial or ethnic origin.
Infringement of anti-discrimination laws must be met with effective, proportionate and dissuasive sanctions.
Infringement of anti-discrimination laws must be met with effective, proportionate and dissuasive sanctions.
Yet at this stage few countries are considered to have appropriate sanctions in place.
Yet at this stage few countries are considered to have appropriate sanctions in place.
Burden of proof
Burden of proof
Proving discrimination is notoriously difficult.
Proving discrimination is notoriously difficult.
Particularly in the employment sector the employer has a much stronger position than the employee, because information concerning the allegedly discriminatory decision is usually held by the employer and witnesses are often reluctant to testify against their employer.
Particularly in the employment sector the employer has a much stronger position than the employee, because information concerning the allegedly discriminatory decision is usually held by the employer and witnesses are often reluctant to testify against their employer.
For this reason, article 8 provides for a so-called two-staged test.
For this reason, article 8 provides for a so-called two-staged test.
Stage one requires persons who consider themselves to have been discriminated to establish facts from which it may be presumed that there has been direct or indirect discrimination.
Stage one requires persons who consider themselves to have been discriminated to establish facts from which it may be presumed that there has been direct or indirect discrimination.
The burden of proof will then shift to the respondent to prove that there has been no breach of the principle of equal treatment.
The burden of proof will then shift to the respondent to prove that there has been no breach of the principle of equal treatment.
This does not apply to criminal cases.
This does not apply to criminal cases.
Several Member States have not (adequately) transposed the provision on the burden of proof.
Several Member States have not (adequately) transposed the provision on the burden of proof.
See Network of Independent Experts, p.73.
See Network of Independent Experts, p.73.
Moreover, in many Member States the burden of proof provisions following transposition remain untested due to lack of case law.
Moreover, in many Member States the burden of proof provisions following transposition remain untested due to lack of case law.
The first indications from the case law appear to suggest that even proof of a prima facie case remains a difficult obstacle for claimants to overcome.
The first indications from the case law appear to suggest that even proof of a prima facie case remains a difficult obstacle for claimants to overcome.
Statistics are difficult to obtain and situation tests often have to comply with strict conditions.
Statistics are difficult to obtain and situation tests often have to comply with strict conditions.
The collecting of sensitive data, which could be necessary to establish indirect discrimination or to assess the extent of discrimination in society, continues to raise concerns and fears in many Member States.
The collecting of sensitive data, which could be necessary to establish indirect discrimination or to assess the extent of discrimination in society, continues to raise concerns and fears in many Member States.
Equality bodies
Equality bodies
Almost all Member States
Almost all Member States
The exceptions are the Czech Republic, Luxembourg, Malta and Germany. now have equality bodies or have given the functions to be carried out by such bodies to an existing body such as a national human rights institute.
The exceptions are the Czech Republic, Luxembourg, Malta and Germany. now have equality bodies or have given the functions to be carried out by such bodies to an existing body such as a national human rights institute.
A high proportion of the bodies are competent not only for discrimination based on racial and ethnic origin but also on other grounds.
A high proportion of the bodies are competent not only for discrimination based on racial and ethnic origin but also on other grounds.
The respective bodies provide assistance to victims of discriminations in a variety of ways, like in taking legal action
The respective bodies provide assistance to victims of discriminations in a variety of ways, like in taking legal action
i.e. the Finnish, Belgian, Hungarian, Irish, British and Swedish bodies. or by means of giving non-binding opinions on complaints submitted to them
i.e. the Finnish, Belgian, Hungarian, Irish, British and Swedish bodies. or by means of giving non-binding opinions on complaints submitted to them
This is the situation in Austria, The Netherlands, Danmark, Cyprus, Hungary, Latvia, Lithuania, Greece and Slovenia. .
This is the situation in Austria, The Netherlands, Danmark, Cyprus, Hungary, Latvia, Lithuania, Greece and Slovenia. .
A number of specialised bodies can investigate complaints of discrimination and usually can force compliance with their findings by all persons involved.
A number of specialised bodies can investigate complaints of discrimination and usually can force compliance with their findings by all persons involved.
i.e. in Austria, Cyprus, France, Hungary, Ireland, Lithuania and Sweden.
i.e. in Austria, Cyprus, France, Hungary, Ireland, Lithuania and Sweden.
It remains to be seen whether all bodies will be able to carry out their functions independently as required by the Directive.
It remains to be seen whether all bodies will be able to carry out their functions independently as required by the Directive.
See report 'developing anti-discrimination law in Europe' the 25 Member States compared, European Network of Independent Experts in the non-discrimination field, november 2006.
See report 'developing anti-discrimination law in Europe' the 25 Member States compared, European Network of Independent Experts in the non-discrimination field, November 2006.
For instance both in Italy and in Spain the equality bodies are located within ministries.
For instance both in Italy and in Spain the equality bodies are located within ministries.
In some countries the bodies have insufficient financial means to carry out their functions.
In some countries the bodies have insufficient financial means to carry out their functions.
Dissemination of information and awareness raising
Dissemination of information and awareness raising
Rights are generally of little use if people are unaware of them.
Rights are generally of little use if people are unaware of them.
Therefore, Article 10 of the Directive imposes an obligation on Member States to disseminate information to the public on the relevant provisions of the Directive by all appropriate means.
Therefore, Article 10 of the Directive imposes an obligation on Member States to disseminate information to the public on the relevant provisions of the Directive by all appropriate means.