9 Amendments of Sophia IN 'T VELD related to 2008/0140(CNS)
Amendment 46 #
Proposal for a directive
Recital 8
Recital 8
(8) The Community has adopted three legal instruments on the basis of article 13(1) of the EC Treaty to prevent and combat discrimination on grounds of sex, racial and ethnic origin, religion or belief, disability, age and sexual orientation. These instruments have demonstrated the value of legislation in the fight against discrimination. In particular,Directive 2000/43/EC establishes a framework against discrimination based on racial or ethnic origin inside and outside the labour market. Directive 2000/782004/113/EC establishes a general framework for equal treatment in employment and occupation on the grounds of religion or belief, disability, age and sexual orientbetween men and women in the access to and supply of goods and services. Directive 2000/78/EC establishes for the grounds of religion or belief, disability, age and sexual orientation a general framework for equal treatment in employment and occupation. However, variations remain between Member States on the degree and the form of protection from discrimination on these grounds beyond the areas of employment.
Amendment 50 #
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on sex, racial or ethnic origin religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 66 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through "design for all" and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access.
Amendment 95 #
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status, including on reproductive rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 171 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary, and they do not create undue disadvantages for other groups. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or services.
Amendment 252 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Where discrimination arises from practice, policy or procedure, measures need to be taken so that it no longer has that effect. Such measures should not impose a disproportionate burden, nor require fundamental alternation of the social protection, social advantages, health care, education, orve to the nature of the goods and, services in qu, trade, profestsion or require the provision of alternative theretobusiness in question.
Amendment 254 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b. Notwithstanding the obligation to ensure effective non-discriminatory access and where needed in a particular casFor the purposes of paragraph 1, effective non-discriminatory access involves the identification and elimination of obstacles and barriers and the prevention of new obstacles and barriers that hamper the access of persons with disabilities to goods, services and facilities available to the general public, irrespective of the nature of the obstacles, barrier or disability. Subject to the provisions of this Directive, and regardless of the measures chosen to remove the obstacles or barriers, effective non-discriminatory access for persons with disabilities must be provided under the same terms and conditions as for persons without disabilities wherever possible. Where effective non- discriminatory access cannot be provided under the same terms and conditions and subject to the provisions of this Directive, reasonable accommodation shall be provided unless this would impose a disproportionate burden.
Amendment 263 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 314 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States must provide these bodies with sufficient resources to enable them to carry out their duties in an effective and accessible manner.