20 Amendments of Rareș-Lucian NICULESCU related to 2008/0140(CNS)
Amendment 29 #
Proposal for a directive
Title
Title
Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, or of any other grounds which might give rise to discrimination
Amendment 130 #
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 orientationnon-contagious chronic disorders, HIV/AIDS, age, sexual orientation, income or appurtenance to a social class, 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 135 #
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 anyone or more of the grounds referred to in Article 1, if the aim or effect of that treatment is the denial, refusal to recognise or limitation of a legitimate right or the exercising thereof;
Amendment 139 #
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 religibelonging to one or belief, a particular disability, a particular age, or a particular sexual orientationmore of the categories defined in accordance with the criteria set out in Article 1 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 155 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 158 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
(4a) Discriminatory conduct shall include any form of active or passive conduct, the effects of which foster direct or indirect discrimination within the meaning of paragraphs 2, 3 or 4.
Amendment 159 #
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
(4b) The provisions of paragraph 4a cannot be interpreted in such a way as to limit the right to freedom of expression, the right to hold an opinion or the right to information.
Amendment 160 #
Proposal for a directive
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
(4c) Discrimination by association shall be considered to mean any act of discrimination committed against a person who, although not belonging to any of the categories defined in accordance with the criteria set out in Article 1, is associated with a person or persons belonging to one of those categories.
Amendment 179 #
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 8
Article 2 – paragraph 8
8. This Directive shall be without prejudice to general measures laid down in national law which, in a democratic society, are necessary for public security, for the maintenance of public and moral order and the prevention of criminal offences, for the protection of health, the protection of minors and the protection of the rights and freedoms of others.
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individualnatural persons only insofar as they are performing a professional or commercial activity.
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 - point d a (new)
Article 3 – paragraph 1 - point d a (new)
(da) Participation in social activity.
Amendment 220 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Member States may provide for differences in treatment in access to educational institutions based on religion or belief. Where separate educational institutions are set up: (a) their object shall not be to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities if the institutions are conducted in accordance with that objective and if the education provided conforms to such standards as may be laid down or approved by the competent authorities in particular for education of the same level; (b) if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down by or approved by the competent authorities, in particular for education of the same level; and (c) if these systems or institutions offer equivalent access to education, provide a teaching staff with qualifications of the same standard and afford the opportunity to take the same of equivalent courses of study.
Amendment 241 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
3a. Access to public places for persons or groups of persons falling within a category identified in accordance with the criteria set out in Article 1 may not be prevented.
Amendment 261 #
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, the number of potential beneficiaries, alternatives producing an equivalent result 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 283 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(2a) Procedures initiated under this article shall be exempt from stamp duty or other equivalent duties.
Amendment 291 #
Proposal for a directive
Article 8
Article 8
Amendment 300 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 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 orientationnon-contagious chronic disorders, HIV/AIDS infection, age or sexual orientation, income or social category. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 307 #
Proposal for a directive
Article 12 – paragraph 2 – indent -1 (new)
Article 12 – paragraph 2 – indent -1 (new)
- facilitating administrative or legal proceedings concerning discrimination where the victim thereof is resident in a Member State other than that of the respondent, by contacting the equivalent organisation or organisations in the Member State of the respondent;
Amendment 308 #
Proposal for a directive
Article 12 – paragraph 2 – indent -1a (new)
Article 12 – paragraph 2 – indent -1a (new)
- ensuring access by the complainant to legal aid in accordance with Council Directive 2003/8/EC to improve access to justice in cross-border disputes, where appropriate;