Activities of Marie PANAYOTOPOULOS-CASSIOTOU related to 2008/0140(CNS)
Legal basis opinions (0)
Amendments (42)
Amendment 24 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; and Article 26 acknowledges the rouncil of Europe Convention on Human Rights and Fundamental Freedoms, specifically Articles 9 and 10 thereof, and by the Charter of Fundamental Rights of persons with disabilities to benefit from measures designed to ensure their independencethe European Union, specifically Articles 10, 10.2, 21 and 26 thereof.
Amendment 34 #
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors arcan be shown to be key factors for the assessment of risk.
Amendment 36 #
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activity.
Amendment 37 #
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, freedom of expression and the freedom of association. This Directive is without prejudicedoes not apply to national lawsegislation on marital or family status, including on reproductive rights. It is also without prejudiadoption and the rights deriving therefrom, or to the organisation and content of education, which fall under the competence tof the secular nature of the State, state instituMember States. The Directive does not require Member States to amend their legislations or bodies, or educationpractices in these respects.
Amendment 39 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a ) In particular, this Directive respects the Declaration on Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the United Nations Resolution 36/55.
Amendment 45 #
Proposal for a directive
Recital 8
Recital 8
(8) The Community has adopted three legal instruments1 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 2000/78/EC establishes a general framework for equal treatment in employment and occupation on the grounds of religion or belief, disability, age and sexual orientation. However, variations remain between Member States on the degree and the form of protection from discrimination on these grounds beyond the areas of employmenta number of grounds including on the grounds of disability and age. These instruments have demonstrated the value of legislation in the fight against discrimination.
Amendment 47 #
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on 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 servicesdisability or age in a range of areas outside the labour market, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 53 #
Proposal for a directive
Article 2 - paragraph 5 a (new)
Article 2 - paragraph 5 a (new)
5a. Conduct on the part of a person or an organisation which does not conform to the principles set out in the provisions of this Directive shall not be considered to be a form of discrimination within the meaning of paragraph 1 where such conduct is motivated by moral standards based on religion or belief.
Amendment 59 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independenceouncil of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, particularly Articles 9 and 10 thereof, and by the Charter of Fundamental Rights of the European Union, particularly Article 10, Article 12, paragraph 2, and Articles 21 and 26 thereof.
Amendment 60 #
Proposal for a directive
Article 2 - paragraph 7
Article 2 - paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical data. In taking decisions in relation to eliminating discrimination and to proportionate differences in treatment, account must also be taken of the impact on the viability of small and medium-sized businesses, particularly at the individual level.
Amendment 65 #
Proposal for a directive
Article 2 - paragraph 7
Article 2 - paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment may be permitted where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical databased on an appropriate risk calculation using relevant mathematical or statistical data or principles and medical experience.
Amendment 68 #
Proposal for a directive
Article 3 - paragraph 1 - introductory part
Article 3 - paragraph 1 - introductory part
3. Within the limits of the powers conferred upon the Community, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, and in compliance with the principles of subsidiarity and proportionality, the prohibition of discrimination shall apply in relation to:
Amendment 69 #
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, the freedom of expression and the freedom of association. This Directive is without prejudicee scope of this Directive does not extend to national laws on marital or family status, including on reproductive rights. It is also without prejudithe areas of reproduction and adoption, and the rights deriving from them, nor to the organisation and content of education, which fall within the competence tof the secular nature of theMember State. The Member State, state institutionhall not be required under the present directive to amend its cor bodies, or education. responding legislative provisions or procedures in this area.
Amendment 69 #
Proposal for a directive
Article 3 - paragraph 1 - point a
Article 3 - paragraph 1 - point a
Amendment 70 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 70 #
Proposal for a directive
Article 3 - paragraph 1 - paragraph 3 - point b
Article 3 - paragraph 1 - paragraph 3 - point b
Amendment 71 #
Proposal for a directive
Article 3 - paragraph 1 - point d and subparagraph 2
Article 3 - paragraph 1 - point d and subparagraph 2
Amendment 74 #
Proposal for a directive
Article 3 - paragraph 1 - point d - subparagraph 2
Article 3 - paragraph 1 - point d - subparagraph 2
(d) Subparagraph (d) shall apply to individuals only in so far as they are performing a professional or commercial activity.
Amendment 75 #
Proposal for a directive
Recital 24
Recital 24
(24) The rules on the burden of proof must be adapted when there is a prima facie case of discrimination and, for the principle of equal treatment to be applied effectively, the burden of providing sufficient proof must shift back to the respondent when evidence of such discrimination is brought. However, it is not for the respondent to prove that the plaintiff adheres to a particular religion or belief, has a particular disability, is of a particular age or has a particular sexual orientation.
Amendment 80 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 1, except where the treatment or practice is objectively justified by a legitimate aim and where the means employed are appropriate and necessary;
Amendment 84 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, w. Then unwanted conduct related to any of the grounds remay take differred to in Article 1 takes placent forms ranging from spoken or writh the purpose or effect of violating the dignity of a person and often comments to actions or behaviour, but it must be sufficiently serious to creatinge an intimidating, hostile, degrading, humiliating or offensiv or hostile environment.
Amendment 86 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. Where the conduct of an individual or an organisation has its origins in moral concepts which are based on a religion or a set of beliefs, it does not violate the principle of equal treatment, but contributes to the diversity which is part of the common wealth of the European Union.
Amendment 87 #
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical data. When decisions are being adopted that relate to eliminating discrimination or introducing proportionate differences in treatment, account should be taken of the effects of those decisions on the viability of businesses, particularly individual, small and medium-sized businesses.
Amendment 87 #
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 modificat. Such measures and the provisions orf adjustments. Such measurelternative solutions should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives theretos.
Amendment 88 #
Proposal for a directive
Article 4 - paragraph 1 - point b
Article 4 - paragraph 1 - point b
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Within the limits of the powers conferred upon the Community, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, and taking account of the principles of subsidiarity and proportionality, the prohibition of discrimination shall apply in relation to:
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 91 #
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 1 – point d and second subparagraph
Article 3 – paragraph 1 – point d and second subparagraph
Amendment 96 #
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,thought, conscience and religion, the freedom of speech 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 96 #
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. Such measures. Such measures, as well as offers of alternative solutions, should not impose a disproportionate burden, n or require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or requires to the sectors concerned or the provision of alternatives thereto.
Amendment 97 #
Proposal for a directive
Article 4 - paragraph 1 - point b
Article 4 - paragraph 1 - point b
Amendment 98 #
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
Amendment 101 #
Proposal for a directive
Article 8 - paragraph 1
Article 8 - paragraph 1
1. Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establishpresent, before a court or other competent authority, facts from which it may be presumed that there has beensufficient prima facie evidence of direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the prohibition of discrimination.
Amendment 119 #
Proposal for a directive
Recital 21
Recital 21
(21) The prohibition of discrimination should be without prejudice to the maintenance or adoption by Member States of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientationdisability or age. Such measures may permit organisations of persons of a particular religion or belief, disability, age or sexual orientationdisability or age where their main object is the promotion of the special needs of those persons.
Amendment 122 #
Proposal for a directive
Recital 23
Recital 23
(23) Persons who have been subject to discrimination based on religion or belief, disability, age or sexual orientationdisability or age should have adequate means of legal protection. To provide a more effective level of protection, associations, organisations and other legal entities should be empowered to engage in proceedings, including on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 125 #
Proposal for a directive
Recital 24
Recital 24
(24) The rules on the burden of proof must be adapted when there is a prima facie case of discrimination and, for the principle of equal treatment to be applied effectively, the burden of proof must shift back to the respondent when evidence of such discrimination is brought. However, it is not for the respondent to prove that the plaintiff adheres to a particular religion or belief, has a particular disability, or is of a particular age or has a particular sexual orientation.
Amendment 131 #
Proposal for a directive
Article 1
Article 1
This Directive lays down a framework for combating discrimination on the grounds of religion or belief, disability, age, or sexual orientation,disability or age with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation.
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientationdisability or a particular age at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 184 #
Proposal for a directive
Article 2 – paragraph 8
Article 2 – paragraph 8
Amendment 214 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. 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 thought, conscience and religion, the freedom of speech and the freedom of association.