31 Amendments of Kathalijne Maria BUITENWEG related to 2008/0140(CNS)
Amendment 1 #
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 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 9 on freedom of thought, conscience and religion and Article 10 on the freedom of expression, and also 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 20 provides that everyone is equal before the law; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; Article 24 gives specific rights to children; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 2 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 3 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (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, such as recognised guide dogs and other assistance dogs.
Amendment 4 #
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientationThis Directive also covers multiple discrimination. As discrimination can occur on two or more of the grounds listed in Articles 12 and 13 of the EC Treaty, in implementing the principle of equal treatment, the Community should, in accordance with Articles 3(2) and 13 of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since womerelating to sex, race or ethnic origin, disability, sexual orientation, religion or belief, or age or a combination of these, and to promote equality, whatever combination of the abovementioned characteristics a person may have. Effective legal procedures must be available to deal with situations of multiple discrimination. In pare often the victimticular national legal procedures shall ensure that a complainant can raise all aspects of a multiple -discrimination. claim in a single procedure.
Amendment 5 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Differences in treatment related to age and disability may be permitted if they are objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Such differences of treatment may include, for example, special age conditions regarding access to certain goods or services such as alcoholic drinks, arms, or driving licences. The promotion of the economic, cultural or social integration of young or older persons or persons with disabilities may also be regarded as a legitimate aim. Therefore measures relating to age and disability which set more favourable conditions than are available to others, such as free or reduced tariffs for the use of public transport, museums, or sport facilities, are presumed to be compatible with the principle of non-discrimination.
Amendment 6 #
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 are shown to be key factors for the assessment of risky are shown to be determining factors for the assessment of risk, and where the service provider can demonstrate significantly higher risks, by actuarial principles, statistical data or medical knowledge upon which it is reasonable to rely. These data should be accurate, recent and relevant and made available upon request. The actuarial and risk factors should reflect the positive changes in life expectancy and active ageing as well as increased mobility and accessibility for people with disabilities.
Amendment 7 #
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 transactionsIt is important, in the context of the access to and provision of goods and services, to respect the protection of private and family life and transactions carried out in this context. Transactions between private individuals acting in a private capacity are therefore not covered by this Directive, where they do not constitute theira professional or commercial activity by the contractors.
Amendment 8 #
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 contextfreedom of religion, the freedom of association, the freedom of religexpression, and the freedom of associationthe press. This Directive is without prejudice to national laws on marital or family status, including on reprothe secular nature of the State, state institutions or bodies, or educative rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or educationon. This Directive does not alter the division of competences between the European Union and its Member States, including in the area of marital and family law and health law.
Amendment 9 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. They should ensure effective protection against discrimination on the ground of religion or belief, disability, age or sexual orientation. 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 provideMember States may allow 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 when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organisation’s ethos, provided that this does not justify discrimination on any other ground and that other educational institutions are geographically accessible and form a reasonable alternative, in order to prevent indirect discrimination.
Amendment 10 #
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 11 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 12 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purposes of paragraph 1: (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; (. 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 persons who are or who are assumed to be associated with such persons, at a particular disadvantage compared with other persons, unless that provision, criterion or practicse is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 13 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. HNotwithstanding the freedom of speech, harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.
Amendment 14 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Denial of reasonable accommodation in a particular case as provided for by Article 4 (1)(b) of the present Directive as regards persons with disabilities or persons who associate with a person with a disability, where the accommodation is needed to enable such persons to provide personal assistance to a person with a disability, shall be deemed to be discrimination within the meaning of paragraph 1.
Amendment 15 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide thatThis Directive does not preclude differences ofin 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. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or servicesif they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate, proportionate, necessary and effective.
Amendment 16 #
Proposal for a directive
Article 2 − paragraph 7
Article 2 − paragraph 7
7. Notwithstanding paragraph 2, in the provision of insurance, banking and other financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a keydetermining factor in the assessment of risk based on relevant and accurate actuarial or statistical dataactuarial principles, statistical data, or medical knowledge. These data should be accurate, recent, and relevant and made available upon request, in an accessible way. The actuarial and risk factors should reflect the positive changes in life expectancy and active ageing as well as increased mobility and accessibility for people with disabilities. The service provider must be able to objectively demonstrate significantly higher risks and ensure that the difference in treatment is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are proportionate, necessary and effective. The Member States concerned shall ensure that any data relied on in the assessment of risk are recently compiled and relevant, regularly updated and published. The Member States concerned shall review their decision five years after transposition of this Directive.
Amendment 17 #
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 and proportionate for public security, for the maintenance of public order and the prevention of criminal offences, for the protection of health and the protection of the rights and freedoms of others.
Amendment 18 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 19 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudice to national laws on marital or family status and reproductive rightdoes not alter the division of competences between the European Union and its Member States.
Amendment 20 #
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 national educational systems, including the provision of special needs education, while realising the rights of persons with disabilities to education without discrimination and on the basis of equal opportunities. Member States may provideallow for differences inof treatment in access to educational institutions based on religion or belief, when to require individuals, on the basis of objective justifications, to act with loyalty to the ethos of the institution. This difference of treatment shall be implemented taking account of Member States' constitutional provisions and principles, as well as the general principles of Community law, and should not justify discrimination on another ground.
Amendment 21 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudice to national legislationaw ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and, activities and legal framework of churches and other organisations based on religion or belief where this falls outside the competence of the EU. Where the activities of churches or other organisations based on religion and belief fall within EU competence, they will be subject to the EU’s non discrimination provisions. It is equally without prejudice to national legislation promotensuring equality between menales and womenfemales.
Amendment 22 #
Proposal for a directive
Article 4 – title
Article 4 – title
Equal treatment of persons withn grounds of disabilities
Amendment 23 #
Proposal for a directive
Article 4 − paragraph 1 − introductory part
Article 4 − paragraph 1 − introductory part
1. In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, whereby "disability" is to be understood in light of the UN Convention on the Rights of Persons with Disabilities and persons with chronic diseases:
Amendment 24 #
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 anticip, telecommunication and electronic communications, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, eduformation including information provided in accessible formats, financial services, culture and leisure, buildings open to the public, modes of transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modification,s or goods and services in question or require the provision of alternatives theretoadjustments. Where discrimination arises from practice, policy or procedure, measures need to be taken so that it no longer has that effect.
Amendment 25 #
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 case, reasonable accommodation shall be provided unless this would impose a disproportionate burden. For 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 obstacle, 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, and the use of assistive devices by persons with disabilities facilitated, including aids to mobility and access, such as recognised guide dogs and other assistance dogs wherever necessary. Where effective non-discriminatory access cannot be, despite all efforts, provided under the same terms and conditions, and subject to the provisions of this Directive, reasonable accommodation or adjustments must be provided. For the purposes of this provision, “reasonable accommodation” means alternative measures needed in a particular case to enable a person with a disability to have access to and/or enjoy or exercise on an equal basis with others rights that fall within the scope of this Directive as defined in Article 3, paragraph 1.
Amendment 26 #
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 shallould be taken, in particular, of the size and of whether the measure in question is unfeasible or unsafe and could not be made feasible and safe by a reasournable modification of rules, policies or practices ofr the orgaremoval of architectural, communiscation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities or transport barriers or the provision of auxiliary aids or services. An alteration is fundamental if it alters the goods and services or the nature of the trade, profession or business, to such an extent that the provider of the goods or services is effectively providing a completely different kind of goods or services. Reasonable accommodation would not necessarily require significant structural changes to buildings whose structure is protected specifically under national law on account of their historical, cultural or architectural value. The burden shall not be deemed disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned. Member State concerned. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities.
Amendment 27 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to comply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of Paragraph 1(a), Member States may, if necessary, have an additional period of 10 years from the deadline for transposition to comply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive compliance with the requirements found in Paragraph 1(a), including targets, means and timeline. Any Member State which chooses to use this additional period shall report bi- annually to the Commission on the steps taken to provide effective non- discriminatory access and on the progress towards implementation of paragraph 4(1)(a). The Commission shall report bi- annually to the Council.
Amendment 65 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (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 150 #
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, when unwanted conduct related to any of the grounds referred to in Article 1 takes place in a closed environment with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. This shall not be withstanding the right to freedom of expression.
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 8 a (new)
Article 2 – paragraph 8 a (new)
8a. Multiple discrimination occurs, where within the scope of this Directive, a person is discriminated against on a combination of two or more of the grounds set out in this Directive. Multiple discrimination also occurs, where within the scope of this Directive, a person is discriminated against on a combination of one or more of the grounds set out in this Directive, and, to the extent that such discrimination is also within their scope, on one or more of the grounds contained in one or more of the following Directives: a. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, b. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, c. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, d. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). Member States shall ensure that the means of enforcement of obligations under this Directive are available to all persons who consider themselves to be victims of discrimination on multiple grounds. Member States shall provide that where multiple grounds are established, a claim can only be defeated by reason of a justification or other defence which is applicable to all of those grounds on which the claim is made. However if only one ground is established then the claim may be defeated by any justification or defence relevant to that ground.
Amendment 313 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The Member States shall provide this or these bodies with sufficient resources to carry out its tasks in an effective and easily accessible manner.