Anti-Racism [EU]

Table of Contents

Equal treatment irrespective of racial or ethnic origin

Directive 2000/43/EC — implementing equal treatment irrespective of racial or ethnic origin

It aims to combat discrimination on the grounds of racial or ethnic origin.
It lays down minimum requirements for implementing the principle of equal treatment between persons in the European Union (EU).
By discouraging discrimination, it should help to increase participation in economic and social life and reduce social exclusion.

Key Points

This directive is based on the principle of equal treatment between persons. It forbids both direct* and indirect* discrimination, harassment*, instructions to discriminate and victimisation*.

The directive applies to all persons and to all sectors of activity, regarding:
access to employment;
working conditions, including promotion, pay and dismissals;
access to vocational training;
involvement in workers’ or employers’ organisations, and in any professional organisation;
access to social protection and to healthcare;
education;
social advantages;
access to and supply of goods and services, including housing.

The directive does not cover difference of treatment based on nationality, or the conditions of entry and residence for citizens from non-EU countries.
Derogations from the principle of equal treatment

In the field of employment, a derogation may be authorised where race or ethnic origin constitutes a genuine professional requirement. This derogation must be justifiable by the nature of the activity and the conditions under which it is exercised. It must be legitimate and proportionate.

The directive does not oppose positive action, namely national measures aimed at preventing or compensating for disadvantages connected with race or ethnic origin.

Remedies and enforcement

Anyone who believes themselves to be a victim of discrimination on grounds of racial or ethnic origin must have access to legal and/or administrative proceedings. Associations or other interested legal persons may also undertake proceedings either on behalf of, or in support of the complainant.
The victim of discrimination only needs to establish a presumption of discrimination after which it is for the respondent to prove that there has been no discrimination.

Social dialogue and civil dialogue

The social partners ensure the promotion of equal treatment, specifically by monitoring practices in the workplace, producing codes of conducts and concluding collective agreements. More generally, the directive encourages the conclusion of agreements establishing non-discrimination rules in the fields which fall within the scope of collective bargaining.
Civil dialogue with the civil society organisations concerned is also encouraged.
Bodies for the promotion of the principle

Each EU country must establish at least one body dedicated to combating discrimination, which is, in particular, responsible for helping victims and conducting independent studies.

Application & Background

Council Recommendation

In 2013, the Council adopted a recommendation calling for measures to be taken in a number of area, including anti-discrimination, to strengthen the integration of Roma people. The recommendation builds upon Directive 2000/43/EC and underlines the importance of its practical enforcement.

It has applied since 19 July 2000. EU countries had to incorporate it into national law by 19 July 2003.

The Treaty of Lisbon (Article 19 of the Treaty on the Functioning of the EU) provides the EU with a legal basis to combat all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

KEY TERMS

Direct discrimination: where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin.

Indirect discrimination: where an apparently neutral rule, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that rule, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Harrassment: when an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation: unjust or cruel treatment of someone who complains of discrimination or who assists someone else in a complaint of discrimination.

MAIN DOCUMENT

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, pp. 22-26)

Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law

The purpose of this Framework Decision is to ensure that certain serious manifestations of racism and xenophobia are punishable by effective, proportionate and dissuasive criminal penalties throughout the European Union (EU). Furthermore, it aims to improve and encourage judicial cooperation in this field.

Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law.

As a follow-up to Joint Action 96/443/JHA, this Framework Decision provides for the approximation of laws and regulations of EU countries on offences involving certain manifestations of racism and xenophobia. Certain serious manifestations of racism and xenophobia must constitute an offence in all EU countries and be punishable by effective, proportionate and dissuasive penalties.

This Framework Decision applies to all offences committed:

within the territory of the European Union (EU), including through an information system;
by a national of an EU country or for the benefit of a legal person established in an EU country. To that end, the Framework Decision provides criteria on how to determine the liability of legal persons.

Hate speech

Certain forms of conduct as outlined below, are punishable as criminal offences:

public incitement to violence or hatred directed against a group of persons or a member of such a group defined on the basis of race, colour, descent, religion or belief, or national or ethnic origin;
the above-mentioned offence when carried out by the public dissemination or distribution of tracts, pictures or other material;
publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes as defined in the Statute of the International Criminal Court (Articles 6, 7 and 8) and crimes defined in Article 6 of the Charter of the International Military Tribunal, when the conduct is carried out in a manner likely to incite violence or hatred against such a group or a member of such a group.

Instigating, aiding or abetting in the commission of the above offences is also punishable.

With regard to these offences listed, EU countries must ensure that they are punishable by:

effective, proportionate and dissuasive penalties;
a term of imprisonment of a maximum of at least one year.

With regard to legal persons, the penalties must be effective, proportionate and dissuasive and must consist of criminal or non-criminal fines. In addition, legal persons may be punished by:

exclusion from entitlement to public benefits or aid;
temporary or permanent disqualification from the practice or commercial activities;
being placed under judicial supervision;
a judicial winding-up order.

The initiation of investigations or prosecutions of racist and xenophobic offences must not depend on a victim’s report or accusation.

Hate crime

In all cases, racist or xenophobic motivation shall be considered to be an aggravating circumstance or, alternatively, the courts must be empowered to take such motivation into consideration when determining the penalties to be applied.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Framework Decision 2008/913/JHA

6.12.2008

28.11.2010

OJ L 328 of 6.12.2008

RELATED ACTS

Report from the Commission to the European Parliament and the Council on the implementation of Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law [ COM(2014) 27 final of 27.1.2014 – not published in the Official Journal].

The report highlights the fact that a number of EU countries have not transposed fully and/or correctly all the provisions of the Framework Decision, in particular in relation to the offences of denying, condoning and grossly trivialising certain international crimes.

The majority of EU countries are equipped with provisions criminalising public incitement to racist and xenophobic violence and hatred but a number of them do not fully transpose the offences covered by the Framework Decision. Gaps also remain in relation to the approach taken on racist and xenophobic motivation, the liability of legal persons and jurisdiction.

The Commission is engaging in bilateral dialogues with EU countries in the course of 2014 with a view to ensuring full and correct transposition of the Decision.

Roma equality, inclusion and participation

Commission communication — A Union of equality: EU Roma strategic framework for equality, inclusion and participation

Recommendation on Roma equality, inclusion and participation

WHAT IS THE AIM OF THE COMMUNICATION AND RECOMMENDATION?

The communication sets out a new European Union (EU) Roma strategic framework aimed at increasing the speed and progress of Roma integration by promoting effective equality, socioeconomic inclusion and the meaningful participation of Roma.
The recommendation enhances EU Member States’ commitment to effectively fight discrimination against Roma people and to promote their inclusion in the areas of education, employment, health and housing.

The recommendation complements the communication by setting out a list of specific measures to be taken by Member States in order to achieve the EU objectives. It offers guidance on the capacity-building of and partnerships between stakeholders (including national Roma contact points, equality bodies, civil society and the regional and local actors) and on ensuring a better use of EU and national funds. It also offers guidance regarding effective national monitoring and reporting and the evaluation of national Roma strategic frameworks.

The EU Roma strategic framework is the first direct contribution to the implementation of the EU action plan against racism 2020-2025.

Strategic framework

The framework replaces the EU framework for national Roma integration strategies up to 2020. The new framework sets out 7 key areas of focus — 3 horizontal and 4 sectoral — for the period leading up to 2030:

equality
inclusion
participation
education
employment
health
housing.

In each of these areas, the European Commission proposes new targets for Member States and suggestions on how to achieve them.

Targets

The Commission proposes a number of minimum targets for 2030. These include:

reducing the proportion of Roma who experience discrimination by at least half;
doubling the proportion of Roma who file a report when experiencing discrimination;
reducing the poverty gap between Roma and general population by at least half;
reducing the gap in participation in early childhood education by at least half;
reducing the proportion of Roma children who attend segregated primary schools by at least half in Member States with a significant Roma population;
reducing the employment gap and the gender employment gap by at least half;
reducing the gap in life expectancy by at least half;
reducing the gap in housing deprivation by at least one third;
ensuring that at least 95 % of Roma have access to tap water.

The 2020 monitoring framework published by the EU’s Agency for Fundamental Rights sets out in detail the new objectives and indicators.

Guidance and measures to achieve targets

The communication includes guidance and measures to help Member States achieve these targets. These measures include:

developing support systems for Roma victims of discrimination;
supporting financial literacy;
awareness-raising campaigns in schools;
promoting the employment of Roma in public institutions;
improving access to quality medical check-ups, screening and family planning for Roma women.

Council recommendations

The Council’s recommendations renews and replaces the 2013 recommendation. It aims to provide Member States with more relevant and effective guidance on how to accelerate progress towards equality, inclusion and participation for the Roma over the next 10 years.
They highlight a number of issues, including:
the importance of the equal participation of Roma in society and of their role in policymaking;
making mainstream policies more sensitive to Roma equality and inclusion; and
the importance of the gender perspective.

They include a number of measures to help achieve the 7 objectives set out in the strategic framework.

They urge Member States to adopt national Roma strategic frameworks within their broader social inclusion policies improving the situation of Roma, and to communicate them to the Commission, preferably by September 2021.
Member States are also encouraged to include and promote the rights of and equal opportunities for Roma in their national recovery and resilience plans.

BACKGROUND
For more information, see:

Roma equality, inclusion and participation in the EU (European Commission).

MAIN DOCUMENTS
Communication from the Commission to the European Parliament and the Council — A Union of equality: EU Roma strategic framework for equality, inclusion and participation (COM(2020) 620 final, 7.10.2020)

Council Recommendation of 12 March 2021 on Roma equality, inclusion and participation (OJ C 93, 19.3.2021, pp. 1-14)

RELATED DOCUMENTS
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A Union of equality: EU anti-racism action plan 2020-2025 (COM(2020) 565 final, 18.9.2020)

Council Recommendation of 9 December 2013 on effective Roma integration measures in the Member States (OJ C 378, 24.12.2013, pp. 1-7)

Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (OJ L 328, 6.12.2008, pp. 55-58)