18 Amendments of Donata GOTTARDI related to 2008/0140(CNS)
Amendment 58 #
Proposal for a directive
Title
Title
Proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or, sexual orientation or gender
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects and promotes 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 12 recognises freedom of assembly and association; 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 independence.
Amendment 61 #
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 or gender; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 63 #
Proposal for a directive
Recital 8
Recital 8
(8) The Community has adopted three legal instrumenta set of directives 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 instrumentdirectives 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 employment.
Amendment 65 #
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on religion or belief, disability, age or, sexual orientation or gender 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 68 #
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 transactionIt is important to respect fundamental rights and freedoms, including the right to freedom of association. It is also important, in connection with access to goods and services uandertaken by individuals for whom these transactions do not constitute their professional or commercial activity the provision thereof, to respect the need to protect private and family life and transactions carried out in that context.
Amendment 71 #
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 orientation. or gender. Such measures may permit organisations of persons of a particular religion or belief, disability, age or, sexual orientation or gender where their main object is the promotion of the special needs of those persons.
Amendment 74 #
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 orientation or gender 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 77 #
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, is of a particular age or has a particular sexual orientation or gender.
Amendment 79 #
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 or gender, 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 82 #
Proposal for a directive
Article 2 - paragraph 2 - indent b
Article 2 - paragraph 2 - indent 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 orientation or gender 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 83 #
Proposal for a directive
Article 2 - paragraph 2 − point b a (new)
Article 2 - paragraph 2 − point b a (new)
(ba) there is such a thing as discrimination by association, whereby a person is unfavourably affected as a result of being in a direct relationship with people having a particular religion or set of beliefs, or a disability, or of a certain age or sexual orientation. Discrimination by association can arise, for example, when people are, or are thought to be, in a relationship, without necessarily cohabiting, and independently of any legal links of marriage or affiliation, to persons professing a particular religion or set of beliefs, having a disability or being of a certain age or sexual orientation .
Amendment 85 #
Proposal for a directive
Article 2 paragraph 5
Article 2 paragraph 5
5. Denial of reasonable accommodation in ashall be deemed to be discrimination within the meaning of paragraph 1, as in the particular case as provided for by Article 4 (1)(b) of the present Directive as regards persons with disabilities shall be deemed to be discrimination within the meaning of paragraph 1or persons connected to them.
Amendment 93 #
Proposal for a directive
Article 3 - paragraph 1 – second subparagraph
Article 3 - paragraph 1 – second subparagraph
Amendment 94 #
Proposal for a directive
Article 3 - paragraph 3
Article 3 - paragraph 3
3. This Directive is without prejudice toNotwithstanding the powers of the Member States in respect of education, teaching and training, and their responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provisionthis directive shall aim to guarantee processes of inclusion and integration, and the provision to people with disabilities of special needs education. Member States may provide for differences in treatment in access to educational institutions based on religion or belief, provided that these differences do not constitute discrimination on one or more other grounds, that they are necessary and proportionate and that they do not of themselves constitute a violation of the right to education.
Amendment 100 #
Proposal for a directive
Article 5
Article 5
With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation or gender.
Amendment 103 #
Proposal for a directive
Article 12 - paragraph 1
Article 12 - paragraph 1
1. 1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation or gender.
Amendment 104 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
16a. The Commission shall, by ………., prepare and set in motion the procedure for approval of a proposal aimed at coordinating the present directive with the directives in force in the areas of equal opportunities and prevention of discrimination.