Activities of Soraya POST related to 2015/2116(INI)
Shadow opinions (1)
OPINION on Application of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Employment Equality Directive’)
Amendments (18)
Amendment 7 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the interim report of the UN's Special Rapporteur on freedom of religion and belief submitted in accordance with General Assembly Resolution 68/170 on Freedom of religion and belief,
Amendment 39 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Employment Equality Directive covers only religion and belief, disability, age and sexuality, but Member States are also obliged under the Racial Equality Directive to combat discrimination based on race and ethnicity in employment;
Amendment 67 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that some groups with a religious minority background are particularly affected by discrimination on the basis of religion in employment, as documented by national and European research, in particular research conducted by the Fundamental Rights Agency;
Amendment 70 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that the most discriminated religious groups in the area of employment include Jews, Sikhs and Muslims (and especially women) according to studies; recommends the adoption of European frameworks for national strategies to combat anti- Semitism and Islamophobia;
Amendment 71 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Highlights that religion is sometimes used as a proxy for race when it comes to discrimination in employment, based on the real or perceived belonging of a person to a religion;
Amendment 72 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the intersectionality between discrimination on religion and belief and race and ethnicity; calls on the Commission to ensure that Member States comply with the implementation of the Racial Equality Directive which prohibits discrimination on the grounds of race and ethnicity in employment;
Amendment 75 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the role played by the European Court of Human Rights, through its decisions in the interpretation and implementation of the Directive, and looks forward with interest to the future first decisions on this matter of the Court of Justice of the European Union (CJEU); expresses regrets in relation to the low number of cases referred to courts, which contrasts with the high number of discrimination visible in victimization surveys;
Amendment 84 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes, on the basis of case law available at EU and national level, that a duty of reasonable accommodation for all grounds of discrimination – including, therefore, religion and belief – should be laid down in EU and national law, provided that this does not impose a disproportionate burden on employers or service providers; recommends that national, regional and local authorities propose guidance for reasonable accommodation and to tackle exclusion of specific vulnerable groups;
Amendment 86 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that reasonable accommodation should be understood as necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to all persons have enjoyment or exercise of all human rights and fundamental freedoms on an equal basis with others;
Amendment 93 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that restrictions imposed by employers to the wearing of religious symbols are not always in line with international human rights standards, as they are not limited to well-defined and narrow circumstances or do not pursue a legitimate goal, and that States do not always take appropriate measures against such restrictions when they are not in line with international human rights standards; is concerned that some Member States have introduced general bans on religious symbols in the public space, in the name of neutrality and secularism, which have led to attempts to also extend such restrictions by the private sector;
Amendment 94 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that exclusion and discrimination against religious communities in the European Union creates a fertile ground for individuals in vulnerable situations to join extremist organisations that can be violent; considers a consistent application of anti- discrimination legislation as a crucial element of strategies to prevent radicalisation;
Amendment 234 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that lack of comparable equality data makes it more difficult to prove the existence of discrimination, particularly indirect discrimination; calls on the Member States to collect equality data in a systematic way and with the involvement of national equality bodies and national courts; notes that Directive 2000/43/EC already encourages Member States to do so, including in the area of employment; calls on the Commission to take initiatives to promote such data collection by means of a Recommendation to the Member States, and by ask Eurostat to consult with relevant groups with the aim to mainstream the disaggregation of data on all discrimination grounds for the indicators of the European Social Survey;
Amendment 248 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Highlights that the Directive mentions the disproportionate impact of multiple discrimination on women; recommends that national, regional and local authorities, law enforcement bodies, including labour inspectors, national equality bodies and civil society organisations, increase their monitoring of the intersectionality between gender and other grounds in cases of discrimination;
Amendment 255 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment; notes that no undue restriction of the Directive's scope should be accepted; considers that the consolidation of the EU legislative framework on tackling hate crime is also a crucial element, taking into consideration that similar crimes are also prevalent in the work environment;
Amendment 265 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes that, considering the increasing xenophobia in Europe, refugees and migrants can be specifically affected by religious discrimination in their access to the labour market and encounter obstacles to participate fully in society, and that they may be deprived from full access to justice due to their residence status;
Amendment 277 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Highlights the need for anthe dissemination of relevant decisions of the CJEU and for exchange of national court decisions in line with CJEU case law pertaining to the provisions of the Employment Equality Directive, and for the dissemination of relevant decisions of the CJEU;
Amendment 285 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers it necessary that adequate training is provided for employees of national, regional and local authorities and law enforcement bodies;, including labour inspectors, believes that training for judges, prosecutors, lawyers and police force on non-discrimination legislation in employment and case-law is of critical importance, along with training on cultural understanding and unconscious bias provided by organisations representing the most discriminated groups;
Amendment 305 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission and Member States to use, and to make available for civil society organisations and equality bodies, all possible funds, including the Progress Fund, to facilitate awareness raising and education campaigns about discrimination in employment;