BETA


2005/2191(INI) Framework strategy for non-discrimination and equal opportunities for all

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE ŽDANOKA Tatjana (icon: Verts/ALE Verts/ALE)
Committee Opinion AFET
Committee Opinion DEVE
Committee Opinion EMPL
Committee Opinion CULT
Committee Opinion FEMM GIBAULT Claire (icon: ALDE ALDE)
Lead committee dossier:
Legal Basis:
RoP 052

Events

2006/08/01
   EC - Commission response to text adopted in plenary
Documents
2006/07/12
   EC - Commission response to text adopted in plenary
Documents
2006/06/14
   EP - Results of vote in Parliament
2006/06/14
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a resolution based on the own-initiative report drafted by Tatjana ŽDANOKA (Greens/EFA, LV) in response to the Commission communication on a framework strategy for non-discrimination and equal opportunities for all. The report was adopted by 390 votes in favour to 222 against with 47 abstentions. It stated that discrimination largely stemmed from ignorance (and hence fear) of other people. The problem should therefore be tackled at source, by means of targeted actions designed to foster tolerance and diversity from early childhood. The Socrates, Leonardo and Jeunesse programmes had a crucial role to play in this connection.

General considerations: In addition to legislative tools and means of redress, the fight against discrimination must of necessity be based on education, the promotion of best practices and campaigns targeting the general public. Parliament stressed that the fight against discrimination should also be based on an awareness of the social (and also the economic) impact of the phenomenon. It was essential to give a clear definition of positive action and to stress that positive action was not positive discrimination. Concrete examples of positive action might include, for example: overhauling recruitment policies and practices to identify and remove those that lead to discrimination; taking steps to bring opportunities to the attention of disadvantaged groups; setting targets to improve the representation of disadvantaged groups within the workforce; or providing assistance to help disadvantaged groups to participate in society as a whole.

Parliament welcomed the Commission initiative to launch a European Year of Equal Opportunities in 2007 but regretted the fact that inadequate funds were allocated to the Year in view of the importance of the fight against discrimination.

It went on to deplore the fact that the Charter of Fundamental Rights had not yet been made legally binding. The Commission should carry out a discrimination impact assessment on every legislative proposal to ensure policy consistency across the Commission DGs. The Agency for Fundamental Rights should be closely involved in the impact studies carried out in this connection.

Parliament considered that if blatant inequalities of an "endemic", "structural or even "cultural' nature were to be remedied, it might be necessary in certain cases for a temporary exception to be made to the concept of equality based on the individual in favour of group-based "distributive justice" through the adoption of "positive" measures. It pointed out that the concepts of "positive action", "affirmative equality" and "distributive justice" reflected one and the same reality, the basis of which was an acknowledgement of the fact that in certain cases, effective action to combat discrimination required active intervention by the authorities for the purpose of restoring a seriously compromised balance. Intervention of this kind must not be regarded as a form of discrimination (not even as a "positive" form) and the concept of positive action could not be reduced to the idea of a quota.

Parliament called on those Member States which do not already have such bodies to set up, at national level, a specialised administrative body for equality and the fight against discrimination, which should be independent and should receive the necessary resources to enable them to help victims of discrimination in their dealings with courts and tribunals. Any downgrading of such bodies should be considered as an incorrect implementation of the anti-discrimination directives. Parliament asked the Commission carefully to evaluate the situation in Member States in this regard, and notably the Polish government's decision to abolish the Office of Plenipotentiary for Equal Status, the institution charged with combating discrimination and promoting equality for all.

Collection of data: Far from constituting an obstacle to the collection of data relating in particular to ethnic origin and to religion, Directive 95/46/EC provided necessary protection against any abuse of sensitive data collected for statistical purposes. Parliament felt that, notwithstanding cultural, historical or constitutional considerations, data collection on the situation of minorities and disadvantaged groups was critical and that policy and legislation to combat discrimination must be based on accurate data. It called upon the Member States to develop their statistics tools with a view to ensuring that data relating to employment, housing, education and income were available for each of the categories of individual which were likely to suffer discrimination based on one of the criteria listed in Article 13 of the EC Treaty.

Need for supplementary legislation: Parliament greatly regretted the fact that the Commission was not planning at this stage to draw up comprehensive legislation to combat discrimination. It insisted that a new legislative tool incorporating all the grounds for discrimination set out in Article 13 of the EC Treaty and having the same scope as Directive 2000/43/EC be submitted before mid-2007. It moved on to say that traditional national minorities urgently needed a framework policy standard for their effective participation in decision-making processes concerning their identity. They also needed to be protected by various forms of self-government or autonomy to overcome the double standards established by the Copenhagen criteria on the one hand and the lack of any rules in the Member States on the other.

Parliament called upon the Commission to fulfil its obligations as guardian of the Treaties and to undertake urgent action against Member States that have failed to transpose EC law prohibiting discrimination on the basis of Article 13 of the EC Treaty, such as Directives 2000/43/EC and 2000/78/EC. The new Member States which have not transposed the anti-discrimination directives must be subject to infringement proceedings for violating EC law in the same way as the old Member States.

Finally, Parliament called on the Council to adopt the Commission's proposal for a Council framework decision on combating racism and xenophobia, which set out to establish a framework for punishing racist and xenophobic violence as a criminal offence.

Documents
2006/06/14
   EP - End of procedure in Parliament
2006/06/13
   EP - Debate in Parliament
2006/05/18
   EP - Committee report tabled for plenary, single reading
Documents
2006/05/18
   EP - Committee report tabled for plenary, single reading
Documents
2006/05/15
   EP - Vote in committee, 1st reading/single reading
Details

The committee adopted the own-initiative report drawn up by Tatjana ŽDANOKA (Greens/EFA, LV) in response to the Commission communication on a framework strategy for non-discrimination and equal opportunities for all. The report pointed out that discrimination largely stems from ignorance of other people and that the problem should therefore be tackled at source, by means of targeted actions designed to foster tolerance and diversity from early childhood. It added that, although there may be a need for "temporary recourse to positive measures based on a 'proactive' concept of justice and possibly taking very different forms", the establishment of quotas must be regarded as an "extreme measure". MEPs said that it was essential to give a clear definition of positive action and "to stress that positive action is not positive discrimination".

The report gave examples of what might be considered 'positive action': overhauling recruitment policies and practices, taking steps to bring opportunities to the attention of disadvantaged groups, setting targets to improve the representation of such groups within the workforce or providing assistance to help them participate in society as a whole. Targets for such action could include women and ethnic minorities, including the Roma people.

Welcoming the Commission's plans for 2007 to be the European Year of Equal Opportunities, the committee called for measures launched during this year to be continued in 2008, under the auspices of the European Year of Intercultural Dialogue.

It deplored the fact that the European Charter of Fundamental Rights had not yet been made legally binding, and called on the Commission to fulfil its obligations as guardian of the treaties by taking action against any Member States which fail fully to transpose EU anti-discrimination legislation into national law. The report urged the Commission to present a new legislative instrument covering all the grounds for discrimination under Article 13 of the EC Treaty before mid-2007.

Among other points, the committee also called for the prohibition of discrimination against same-sex couples, either married or in a registered partnership, when exercising their right to free movement enshrined in EU law. It says the principle of mutual recognition should apply in this field too.

2006/04/28
   EP - Amendments tabled in committee
Documents
2006/03/27
   EP - Committee draft report
Documents
2006/03/21
   EP - Committee opinion
Documents
2005/10/27
   EP - Committee referral announced in Parliament, 1st reading/single reading
2005/10/27
   EP - Referral to associated committees announced in Parliament
2005/10/05
   EP - GIBAULT Claire (ALDE) appointed as rapporteur in FEMM
2005/07/04
   EP - ŽDANOKA Tatjana (Verts/ALE) appointed as rapporteur in LIBE
2005/06/01
   EC - Non-legislative basic document published
Details

PURPOSE : to present a framework strategy for non-discrimination and equal opportunities for all.

CONTENT: This Communication follows on from the Green Paper on “Equality and non-discrimination in an enlarged EU” (COM (2005)0379) and takes account of the comments and reactions submitted by national authorities, specialised equality bodies, non-governmental organisations, regional and local authorities, the social partners, experts and individual members of the public. (In total, over 1 500 contributions were received.) The consultation confirmed the high level of interest in and support for EU action in this area, as well as for specific action to promote gender equality. The vast majority of written responses to the Green Paper highlighted the added value of EU funding in supporting policy development and implementation of anti-discrimination legislation. The three main priorities identified for future EU funding were information and awareness-raising, analysis and monitoring of the impact of anti-discrimination legislation and networking between groups involved in the fight against discrimination.

This Communication sets out a forward-looking strategy to promote non-discrimination and equal opportunities for all in the EU. The Commission will present a communication dealing in more detail with gender equality in 2006.

Ensuring effective legal protection against discrimination across the EU is a central part of this strategy. This involves ensuring the full transposition of EC anti-discrimination legislation by all Member States. It also requires a range of complementary measures, particularly in order to ensure that people are aware of their rights and are able to get access to justice. The Commission envisages the following measures:

Ensuring effective legal protection against discrimination: : The Commission is concerned to note that some important provisions of Directives 2000/43/EC and 2000/78/EC have not yet been fully transposed into national law in all Member States, and has already launched infringement procedures against a number of Member States. In addition to legislative transposition, further measures will continue to be required for some time in order to ensure that anti-discrimination legislation is effectively implemented and enforced across the EU. Priority areas for action include:

- targeted training and capacity-building actions for specialised equality bodies, judges, lawyers, NGOs and the social partners;

- networking and exchanges of experience between relevant stakeholders;

- awareness-raising and dissemination of information concerning the provisions of European and national anti-discrimination law.

In order to be effective, such measures will require concerted efforts by all of the relevant stakeholders at the European, national and regional levels. EU support will be made available, where appropriate, through the Community action programme to combat discrimination and, after 2007, through the PROGRESS programme.

Assessing the need for further action to complement the current legal framework: the Commission is not proposing to come forward at this stage with further legislative proposals based on Article 13 of the Treaty. However, the Commission will undertake an in-depth study into the relevance and feasibility of possible new measures to complement the current legal framework. This study will examine national provisions, which go beyond the requirements of the EC Directives, in Member States and in some third countries. It will consider the relative merits of legislative and non-legislative measures. It will also produce a synthesis of cost/benefit analyses of different policy options carried out at the national level. The results of the study will be made available in autumn 2006. On the basis of this material, the Commission will assess the feasibility of possible new initiatives to complement the current legal framework.

Mainstreaming non-discrimination and equal opportunities for all: the Commission is committed to the d evelopment of tools to promote mainstreaming of non-discrimination and equal opportunities for all in relevant EU policies. It will also produce biennial reports on the situation of people with disabilities (first report 2005).

Promoting and learning from innovation and good practice: In line with the mainstreaming approach, the Commission will aim to ensure that a range of EU funding instruments contribute to the promotion of non-discrimination and equal opportunities for all. In particular, it will seek to promote exchanges of good practice, cooperation and networking between national authorities, specialised equality bodies, organisations working with victims of discrimination, and other stakeholders.

Building on the innovative approaches to preventing labour market discrimination developed through the EQUAL Community Initiative, the European Social Fund should play an increasingly important role in this area. The PROGRESS programme will complement the work of the ESF in the fields of gender equality and anti-discrimination by financing studies, awareness-raising, exchanges of good practice, networking, monitoring and evaluation. Following on from the current Socrates, Leonardo and Youth Programmes, the new generation of programmes in the area of education, training and youth can make a valuable contribution to the promotion of non-discrimination and equal opportunities for all.

Improving the collection of data related to discrimination will be essential for the monitoring the implementation of EC anti-discrimination legislation. The Commission will work to develop better statistical tools to evaluate the incidence of discrimination. It will publish a handbook setting out practical guidance on the collection of data related to discrimination in 2006. The Commission will also soon come forward with proposals to establish a new Fundamental Rights Agency.

Raising awareness and cooperating with stakeholders : In order to drive forward the agenda outlined in this Communication for a more positive approach to equality, the Commission is proposing to designate 2007 as European Year of Equal Opportunities for All. The European Year will help to raise awareness, focus political attention and mobilise key stakeholders. The Year will focus on four main priority objectives: rights; recognition; representation, and respect.

The Year will aim to inform people of their rights to protection against discrimination under European and national law; celebrate diversity as an asset for the EU; and to promote equal opportunities for all in economic, social, political and cultural life.

A special effort to tackle discrimination and social exclusion faced by disadvantaged ethnic minorities: One issue of particular concern is the situation of the Roma. The Commission has repeatedly highlighted the difficult conditions faced by Roma communities in Member States, candidate countries and acceding countries. The Roma continue to experience particularly severe forms of exclusion and discrimination in education, employment, housing, healthcare and other areas. Furthermore, the EU needs to develop appropriate responses to the different needs of new migrants, established minorities of immigrant origin and other minority groups. In order to support policy development in this area, the Commission plans to establish a high level advisory group on social and labour market integration of disadvantaged ethnic minorities.

Enlargement, relations with third countries and international cooperation: The pre accession financial instruments will continue to provide EU funding to promote non-discrimination and equal opportunities in countries that are preparing for membership of the EU. Anti-discrimination and human rights concerns are also reflected in the European Neighbourhood Policy (ENP) and the first wave of Action Plans covering relations with Jordan, Moldova, Morocco, Tunisia, Ukraine, Israel and the Palestinian Authority. The Cotonou Agreement between the EU and 78 African, Caribbean and Pacific (ACP) countries sets out the signatories' obligation to ensure respect for human rights, which are an essential element of the Agreement, and to eliminate all forms of discrimination based particularly on origin, sex, race, language and religion. Non-discrimination is the subject of regular political dialogue between the EU and its ACP partners . The EU will pursue cooperation with relevant international organisations, including the UN, the Council of Europe and the OSCE. The framework of international treaties and declarations dealing with non-discrimination and equal opportunities form an important reference framework for ongoing work within the EU, as well as for the Union’s relations with third countries.

Documents

Activities

Votes

Rapport Zdanoka A6-0189/2006 - am. 16

2006/06/14 Outcome: +: 378, -: 233, 0: 26
PL GB IT DE LT LV SI CZ BE IE FI EE ES FR LU SK CY NL AT MT EL DK SE PT HU
Total
49
71
59
88
12
9
7
20
19
8
11
5
46
67
5
12
6
27
18
4
22
13
16
21
22
icon: PPE-DE PPE-DE
239

Lithuania PPE-DE

1

Finland PPE-DE

2

Estonia PPE-DE

For (1)

1

Luxembourg PPE-DE

3

Malta PPE-DE

2

Denmark PPE-DE

Abstain (1)

1
icon: ALDE ALDE
77

Latvia ALDE

1

Slovenia ALDE

2

Ireland ALDE

For (1)

1

Estonia ALDE

2

Luxembourg ALDE

For (1)

1

Cyprus ALDE

For (1)

1

Austria ALDE

1
4

Sweden ALDE

3

Hungary ALDE

2
icon: UEN UEN
26

Lithuania UEN

2

Ireland UEN

3

Denmark UEN

For (1)

1
icon: NI NI
33

United Kingdom NI

For (1)

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4

Czechia NI

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1

Slovakia NI

Abstain (1)

1

Austria NI

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2
icon: IND/DEM IND/DEM
24

Netherlands IND/DEM

2

Greece IND/DEM

Abstain (1)

1

Sweden IND/DEM

2
icon: GUE/NGL GUE/NGL
35

United Kingdom GUE/NGL

Against (1)

1

Finland GUE/NGL

Against (1)

1

Spain GUE/NGL

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1

France GUE/NGL

2

Cyprus GUE/NGL

2

Netherlands GUE/NGL

2

Denmark GUE/NGL

Against (1)

1

Sweden GUE/NGL

2

Portugal GUE/NGL

3
icon: Verts/ALE Verts/ALE
38

United Kingdom Verts/ALE

4

Italy Verts/ALE

2

Latvia Verts/ALE

Against (1)

1

Belgium Verts/ALE

Against (1)

1

Finland Verts/ALE

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1

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2

Denmark Verts/ALE

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1

Sweden Verts/ALE

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1
icon: PSE PSE
165

Lithuania PSE

2

Slovenia PSE

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1

Czechia PSE

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2

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2

Estonia PSE

2

Luxembourg PSE

Against (1)

1

Slovakia PSE

3

Malta PSE

2

Sweden PSE

3

Rapport Zdanoka A6-0189/2006 - par. 25

2006/06/14 Outcome: +: 534, -: 80, 0: 38
DE FR GB ES IT HU NL PT CZ AT BE SE FI PL DK IE SI LT SK CY MT LU EL EE LV
Total
91
70
69
47
58
22
27
22
19
18
21
16
12
51
14
11
7
12
14
6
4
5
22
5
9
icon: PPE-DE PPE-DE
237

Finland PPE-DE

2

Denmark PPE-DE

For (1)

1

Lithuania PPE-DE

1

Malta PPE-DE

2

Luxembourg PPE-DE

2

Estonia PPE-DE

For (1)

1
icon: PSE PSE
177

Czechia PSE

2

Ireland PSE

1

Slovenia PSE

For (1)

1

Lithuania PSE

2

Malta PSE

2

Luxembourg PSE

For (1)

1
icon: ALDE ALDE
76

Spain ALDE

Abstain (1)

2
2

Austria ALDE

1

Sweden ALDE

3

Poland ALDE

Against (1)

2
4

Ireland ALDE

Abstain (1)

1

Slovenia ALDE

2

Cyprus ALDE

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1

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1

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1

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1
icon: Verts/ALE Verts/ALE
41

United Kingdom Verts/ALE

4

Italy Verts/ALE

2

Austria Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

For (1)

1

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1

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1

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1

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1
icon: GUE/NGL GUE/NGL
35

France GUE/NGL

2

United Kingdom GUE/NGL

1

Spain GUE/NGL

For (1)

1

Netherlands GUE/NGL

2

Portugal GUE/NGL

For (1)

3

Sweden GUE/NGL

2

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For (1)

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2
icon: NI NI
34

United Kingdom NI

For (1)

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Abstain (1)

4

Czechia NI

1

Austria NI

Against (1)

2

Belgium NI

3

Slovakia NI

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3
icon: UEN UEN
26

Denmark UEN

Against (1)

1

Lithuania UEN

2
icon: IND/DEM IND/DEM
26

Netherlands IND/DEM

2

Sweden IND/DEM

2

Denmark IND/DEM

Against (1)

1

Ireland IND/DEM

Abstain (1)

1

Greece IND/DEM

1

Rapport Zdanoka A6-0189/2006 - résolution

2006/06/14 Outcome: +: 390, -: 222, 0: 47
FR HU GB SE PT BE IT NL DK ES FI LT AT DE IE EE SK CY CZ EL SI LU MT LV PL
Total
71
22
71
16
21
21
60
27
14
47
13
12
18
92
10
5
14
6
20
20
7
6
4
9
53
icon: PSE PSE
178

Lithuania PSE

2

Ireland PSE

1

Estonia PSE

2

Czechia PSE

2

Slovenia PSE

For (1)

1

Luxembourg PSE

For (1)

1

Malta PSE

2
icon: ALDE ALDE
81
2

Sweden ALDE

3

Austria ALDE

1

Ireland ALDE

For (1)

1

Estonia ALDE

2

Cyprus ALDE

For (1)

1

Slovenia ALDE

2

Luxembourg ALDE

For (1)

1

Latvia ALDE

1
icon: Verts/ALE Verts/ALE
41

United Kingdom Verts/ALE

4

Sweden Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Italy Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Austria Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1
icon: GUE/NGL GUE/NGL
35

France GUE/NGL

2

United Kingdom GUE/NGL

1

Sweden GUE/NGL

2

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

Denmark GUE/NGL

For (1)

1

Spain GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: NI NI
35

United Kingdom NI

4

Belgium NI

3

Austria NI

Against (1)

2

Slovakia NI

Abstain (1)

3

Czechia NI

Abstain (1)

1
icon: IND/DEM IND/DEM
25

Sweden IND/DEM

2

Netherlands IND/DEM

2

Denmark IND/DEM

Abstain (1)

1

Greece IND/DEM

1
icon: UEN UEN
28

Denmark UEN

Against (1)

1

Lithuania UEN

2
icon: PPE-DE PPE-DE
236

Belgium PPE-DE

Against (1)

Abstain (1)

4

Denmark PPE-DE

Against (1)

1
3

Lithuania PPE-DE

1

Ireland PPE-DE

Abstain (1)

4

Estonia PPE-DE

Against (1)

1

Cyprus PPE-DE

3

Slovenia PPE-DE

For (1)

4

Luxembourg PPE-DE

3

Malta PPE-DE

Against (2)

2

Latvia PPE-DE

3

History

(these mark the time of scraping, not the official date of the change)

committees/0
type
Responsible Committee
body
EP
associated
True
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: ŽDANOKA Tatjana date: 2005-07-04T00:00:00 group: Greens/European Free Alliance abbr: Verts/ALE
committees/0
type
Responsible Committee
body
EP
associated
True
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2005-07-04T00:00:00
rapporteur
name: ŽDANOKA Tatjana group: Greens/European Free Alliance abbr: Verts/ALE
committees/5
type
Committee Opinion
body
EP
associated
True
committee_full
Women's Rights and Gender Equality
committee
FEMM
rapporteur
name: GIBAULT Claire date: 2005-10-05T00:00:00 group: Alliance of Liberals and Democrats for Europe abbr: ALDE
committees/5
type
Committee Opinion
body
EP
associated
True
committee_full
Women's Rights and Gender Equality
committee
FEMM
date
2005-10-05T00:00:00
rapporteur
name: GIBAULT Claire group: Alliance of Liberals and Democrats for Europe abbr: ALDE
docs/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-189&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2006-0189_EN.html
docs/4/body
EC
docs/5/body
EC
events/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0224/COM_COM(2005)0224_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0224/COM_COM(2005)0224_EN.pdf
events/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-189&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2006-0189_EN.html
events/7/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-261
New
http://www.europarl.europa.eu/doceo/document/TA-6-2006-0261_EN.html
activities
  • date: 2005-06-01T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0224/COM_COM(2005)0224_EN.pdf title: COM(2005)0224 type: Non-legislative basic document published celexid: CELEX:52005DC0224:EN body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice type: Non-legislative basic document published
  • date: 2005-10-27T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Development committee: DEVE body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee: FEMM date: 2005-10-05T00:00:00 committee_full: Women's Rights and Gender Equality (Associated committee) rapporteur: group: ALDE name: GIBAULT Claire body: EP responsible: True committee: LIBE date: 2005-07-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs (Associated committee) rapporteur: group: Verts/ALE name: ŽDANOKA Tatjana
  • date: 2006-05-15T00:00:00 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Development committee: DEVE body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee: FEMM date: 2005-10-05T00:00:00 committee_full: Women's Rights and Gender Equality (Associated committee) rapporteur: group: ALDE name: GIBAULT Claire body: EP responsible: True committee: LIBE date: 2005-07-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs (Associated committee) rapporteur: group: Verts/ALE name: ŽDANOKA Tatjana type: Vote in committee, 1st reading/single reading
  • date: 2006-05-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-189&language=EN type: Committee report tabled for plenary, single reading title: A6-0189/2006 body: EP type: Committee report tabled for plenary, single reading
  • date: 2006-06-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060613&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-06-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4703&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-261 type: Decision by Parliament, 1st reading/single reading title: T6-0261/2006 body: EP type: Results of vote in Parliament
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  • date: 2006-03-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE367.812&secondRef=02 title: PE367.812 committee: FEMM type: Committee opinion body: EP
  • date: 2006-03-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE371.873 title: PE371.873 type: Committee draft report body: EP
  • date: 2006-04-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE372.189 title: PE372.189 type: Amendments tabled in committee body: EP
  • date: 2006-05-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-189&language=EN title: A6-0189/2006 type: Committee report tabled for plenary, single reading body: EP
  • date: 2006-07-12T00:00:00 docs: url: /oeil/spdoc.do?i=4703&j=0&l=en title: SP(2006)3310 type: Commission response to text adopted in plenary
  • date: 2006-08-01T00:00:00 docs: url: /oeil/spdoc.do?i=4703&j=1&l=en title: SP(2006)3311 type: Commission response to text adopted in plenary
events
  • date: 2005-06-01T00:00:00 type: Non-legislative basic document published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0224/COM_COM(2005)0224_EN.pdf title: COM(2005)0224 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=224 title: EUR-Lex summary: PURPOSE : to present a framework strategy for non-discrimination and equal opportunities for all. CONTENT: This Communication follows on from the Green Paper on “Equality and non-discrimination in an enlarged EU” (COM (2005)0379) and takes account of the comments and reactions submitted by national authorities, specialised equality bodies, non-governmental organisations, regional and local authorities, the social partners, experts and individual members of the public. (In total, over 1 500 contributions were received.) The consultation confirmed the high level of interest in and support for EU action in this area, as well as for specific action to promote gender equality. The vast majority of written responses to the Green Paper highlighted the added value of EU funding in supporting policy development and implementation of anti-discrimination legislation. The three main priorities identified for future EU funding were information and awareness-raising, analysis and monitoring of the impact of anti-discrimination legislation and networking between groups involved in the fight against discrimination. This Communication sets out a forward-looking strategy to promote non-discrimination and equal opportunities for all in the EU. The Commission will present a communication dealing in more detail with gender equality in 2006. Ensuring effective legal protection against discrimination across the EU is a central part of this strategy. This involves ensuring the full transposition of EC anti-discrimination legislation by all Member States. It also requires a range of complementary measures, particularly in order to ensure that people are aware of their rights and are able to get access to justice. The Commission envisages the following measures: Ensuring effective legal protection against discrimination: : The Commission is concerned to note that some important provisions of Directives 2000/43/EC and 2000/78/EC have not yet been fully transposed into national law in all Member States, and has already launched infringement procedures against a number of Member States. In addition to legislative transposition, further measures will continue to be required for some time in order to ensure that anti-discrimination legislation is effectively implemented and enforced across the EU. Priority areas for action include: - targeted training and capacity-building actions for specialised equality bodies, judges, lawyers, NGOs and the social partners; - networking and exchanges of experience between relevant stakeholders; - awareness-raising and dissemination of information concerning the provisions of European and national anti-discrimination law. In order to be effective, such measures will require concerted efforts by all of the relevant stakeholders at the European, national and regional levels. EU support will be made available, where appropriate, through the Community action programme to combat discrimination and, after 2007, through the PROGRESS programme. Assessing the need for further action to complement the current legal framework: the Commission is not proposing to come forward at this stage with further legislative proposals based on Article 13 of the Treaty. However, the Commission will undertake an in-depth study into the relevance and feasibility of possible new measures to complement the current legal framework. This study will examine national provisions, which go beyond the requirements of the EC Directives, in Member States and in some third countries. It will consider the relative merits of legislative and non-legislative measures. It will also produce a synthesis of cost/benefit analyses of different policy options carried out at the national level. The results of the study will be made available in autumn 2006. On the basis of this material, the Commission will assess the feasibility of possible new initiatives to complement the current legal framework. Mainstreaming non-discrimination and equal opportunities for all: the Commission is committed to the d evelopment of tools to promote mainstreaming of non-discrimination and equal opportunities for all in relevant EU policies. It will also produce biennial reports on the situation of people with disabilities (first report 2005). Promoting and learning from innovation and good practice: In line with the mainstreaming approach, the Commission will aim to ensure that a range of EU funding instruments contribute to the promotion of non-discrimination and equal opportunities for all. In particular, it will seek to promote exchanges of good practice, cooperation and networking between national authorities, specialised equality bodies, organisations working with victims of discrimination, and other stakeholders. Building on the innovative approaches to preventing labour market discrimination developed through the EQUAL Community Initiative, the European Social Fund should play an increasingly important role in this area. The PROGRESS programme will complement the work of the ESF in the fields of gender equality and anti-discrimination by financing studies, awareness-raising, exchanges of good practice, networking, monitoring and evaluation. Following on from the current Socrates, Leonardo and Youth Programmes, the new generation of programmes in the area of education, training and youth can make a valuable contribution to the promotion of non-discrimination and equal opportunities for all. Improving the collection of data related to discrimination will be essential for the monitoring the implementation of EC anti-discrimination legislation. The Commission will work to develop better statistical tools to evaluate the incidence of discrimination. It will publish a handbook setting out practical guidance on the collection of data related to discrimination in 2006. The Commission will also soon come forward with proposals to establish a new Fundamental Rights Agency. Raising awareness and cooperating with stakeholders : In order to drive forward the agenda outlined in this Communication for a more positive approach to equality, the Commission is proposing to designate 2007 as European Year of Equal Opportunities for All. The European Year will help to raise awareness, focus political attention and mobilise key stakeholders. The Year will focus on four main priority objectives: rights; recognition; representation, and respect. The Year will aim to inform people of their rights to protection against discrimination under European and national law; celebrate diversity as an asset for the EU; and to promote equal opportunities for all in economic, social, political and cultural life. A special effort to tackle discrimination and social exclusion faced by disadvantaged ethnic minorities: One issue of particular concern is the situation of the Roma. The Commission has repeatedly highlighted the difficult conditions faced by Roma communities in Member States, candidate countries and acceding countries. The Roma continue to experience particularly severe forms of exclusion and discrimination in education, employment, housing, healthcare and other areas. Furthermore, the EU needs to develop appropriate responses to the different needs of new migrants, established minorities of immigrant origin and other minority groups. In order to support policy development in this area, the Commission plans to establish a high level advisory group on social and labour market integration of disadvantaged ethnic minorities. Enlargement, relations with third countries and international cooperation: The pre accession financial instruments will continue to provide EU funding to promote non-discrimination and equal opportunities in countries that are preparing for membership of the EU. Anti-discrimination and human rights concerns are also reflected in the European Neighbourhood Policy (ENP) and the first wave of Action Plans covering relations with Jordan, Moldova, Morocco, Tunisia, Ukraine, Israel and the Palestinian Authority. The Cotonou Agreement between the EU and 78 African, Caribbean and Pacific (ACP) countries sets out the signatories' obligation to ensure respect for human rights, which are an essential element of the Agreement, and to eliminate all forms of discrimination based particularly on origin, sex, race, language and religion. Non-discrimination is the subject of regular political dialogue between the EU and its ACP partners . The EU will pursue cooperation with relevant international organisations, including the UN, the Council of Europe and the OSCE. The framework of international treaties and declarations dealing with non-discrimination and equal opportunities form an important reference framework for ongoing work within the EU, as well as for the Union’s relations with third countries.
  • date: 2005-10-27T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2005-10-27T00:00:00 type: Referral to associated committees announced in Parliament body: EP
  • date: 2006-05-15T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the own-initiative report drawn up by Tatjana ŽDANOKA (Greens/EFA, LV) in response to the Commission communication on a framework strategy for non-discrimination and equal opportunities for all. The report pointed out that discrimination largely stems from ignorance of other people and that the problem should therefore be tackled at source, by means of targeted actions designed to foster tolerance and diversity from early childhood. It added that, although there may be a need for "temporary recourse to positive measures based on a 'proactive' concept of justice and possibly taking very different forms", the establishment of quotas must be regarded as an "extreme measure". MEPs said that it was essential to give a clear definition of positive action and "to stress that positive action is not positive discrimination". The report gave examples of what might be considered 'positive action': overhauling recruitment policies and practices, taking steps to bring opportunities to the attention of disadvantaged groups, setting targets to improve the representation of such groups within the workforce or providing assistance to help them participate in society as a whole. Targets for such action could include women and ethnic minorities, including the Roma people. Welcoming the Commission's plans for 2007 to be the European Year of Equal Opportunities, the committee called for measures launched during this year to be continued in 2008, under the auspices of the European Year of Intercultural Dialogue. It deplored the fact that the European Charter of Fundamental Rights had not yet been made legally binding, and called on the Commission to fulfil its obligations as guardian of the treaties by taking action against any Member States which fail fully to transpose EU anti-discrimination legislation into national law. The report urged the Commission to present a new legislative instrument covering all the grounds for discrimination under Article 13 of the EC Treaty before mid-2007. Among other points, the committee also called for the prohibition of discrimination against same-sex couples, either married or in a registered partnership, when exercising their right to free movement enshrined in EU law. It says the principle of mutual recognition should apply in this field too.
  • date: 2006-05-18T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-189&language=EN title: A6-0189/2006
  • date: 2006-06-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060613&type=CRE title: Debate in Parliament
  • date: 2006-06-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=4703&l=en title: Results of vote in Parliament
  • date: 2006-06-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-261 title: T6-0261/2006 summary: The European Parliament adopted a resolution based on the own-initiative report drafted by Tatjana ŽDANOKA (Greens/EFA, LV) in response to the Commission communication on a framework strategy for non-discrimination and equal opportunities for all. The report was adopted by 390 votes in favour to 222 against with 47 abstentions. It stated that discrimination largely stemmed from ignorance (and hence fear) of other people. The problem should therefore be tackled at source, by means of targeted actions designed to foster tolerance and diversity from early childhood. The Socrates, Leonardo and Jeunesse programmes had a crucial role to play in this connection. General considerations: In addition to legislative tools and means of redress, the fight against discrimination must of necessity be based on education, the promotion of best practices and campaigns targeting the general public. Parliament stressed that the fight against discrimination should also be based on an awareness of the social (and also the economic) impact of the phenomenon. It was essential to give a clear definition of positive action and to stress that positive action was not positive discrimination. Concrete examples of positive action might include, for example: overhauling recruitment policies and practices to identify and remove those that lead to discrimination; taking steps to bring opportunities to the attention of disadvantaged groups; setting targets to improve the representation of disadvantaged groups within the workforce; or providing assistance to help disadvantaged groups to participate in society as a whole. Parliament welcomed the Commission initiative to launch a European Year of Equal Opportunities in 2007 but regretted the fact that inadequate funds were allocated to the Year in view of the importance of the fight against discrimination. It went on to deplore the fact that the Charter of Fundamental Rights had not yet been made legally binding. The Commission should carry out a discrimination impact assessment on every legislative proposal to ensure policy consistency across the Commission DGs. The Agency for Fundamental Rights should be closely involved in the impact studies carried out in this connection. Parliament considered that if blatant inequalities of an "endemic", "structural or even "cultural' nature were to be remedied, it might be necessary in certain cases for a temporary exception to be made to the concept of equality based on the individual in favour of group-based "distributive justice" through the adoption of "positive" measures. It pointed out that the concepts of "positive action", "affirmative equality" and "distributive justice" reflected one and the same reality, the basis of which was an acknowledgement of the fact that in certain cases, effective action to combat discrimination required active intervention by the authorities for the purpose of restoring a seriously compromised balance. Intervention of this kind must not be regarded as a form of discrimination (not even as a "positive" form) and the concept of positive action could not be reduced to the idea of a quota. Parliament called on those Member States which do not already have such bodies to set up, at national level, a specialised administrative body for equality and the fight against discrimination, which should be independent and should receive the necessary resources to enable them to help victims of discrimination in their dealings with courts and tribunals. Any downgrading of such bodies should be considered as an incorrect implementation of the anti-discrimination directives. Parliament asked the Commission carefully to evaluate the situation in Member States in this regard, and notably the Polish government's decision to abolish the Office of Plenipotentiary for Equal Status, the institution charged with combating discrimination and promoting equality for all. Collection of data: Far from constituting an obstacle to the collection of data relating in particular to ethnic origin and to religion, Directive 95/46/EC provided necessary protection against any abuse of sensitive data collected for statistical purposes. Parliament felt that, notwithstanding cultural, historical or constitutional considerations, data collection on the situation of minorities and disadvantaged groups was critical and that policy and legislation to combat discrimination must be based on accurate data. It called upon the Member States to develop their statistics tools with a view to ensuring that data relating to employment, housing, education and income were available for each of the categories of individual which were likely to suffer discrimination based on one of the criteria listed in Article 13 of the EC Treaty. Need for supplementary legislation: Parliament greatly regretted the fact that the Commission was not planning at this stage to draw up comprehensive legislation to combat discrimination. It insisted that a new legislative tool incorporating all the grounds for discrimination set out in Article 13 of the EC Treaty and having the same scope as Directive 2000/43/EC be submitted before mid-2007. It moved on to say that traditional national minorities urgently needed a framework policy standard for their effective participation in decision-making processes concerning their identity. They also needed to be protected by various forms of self-government or autonomy to overcome the double standards established by the Copenhagen criteria on the one hand and the lack of any rules in the Member States on the other. Parliament called upon the Commission to fulfil its obligations as guardian of the Treaties and to undertake urgent action against Member States that have failed to transpose EC law prohibiting discrimination on the basis of Article 13 of the EC Treaty, such as Directives 2000/43/EC and 2000/78/EC. The new Member States which have not transposed the anti-discrimination directives must be subject to infringement proceedings for violating EC law in the same way as the old Member States. Finally, Parliament called on the Council to adopt the Commission's proposal for a Council framework decision on combating racism and xenophobia, which set out to establish a framework for punishing racist and xenophobic violence as a criminal offence.
  • date: 2006-06-14T00:00:00 type: End of procedure in Parliament body: EP
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  • date: 2005-06-01T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0224/COM_COM(2005)0224_EN.pdf celexid: CELEX:52005DC0224:EN type: Non-legislative basic document published title: COM(2005)0224 type: Non-legislative basic document published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice
  • date: 2005-10-27T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Development committee: DEVE body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee: FEMM date: 2005-10-05T00:00:00 committee_full: Women's Rights and Gender Equality (Associated committee) rapporteur: group: ALDE name: GIBAULT Claire body: EP responsible: True committee: LIBE date: 2005-07-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs (Associated committee) rapporteur: group: Verts/ALE name: ŽDANOKA Tatjana
  • date: 2006-05-15T00:00:00 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Development committee: DEVE body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee: FEMM date: 2005-10-05T00:00:00 committee_full: Women's Rights and Gender Equality (Associated committee) rapporteur: group: ALDE name: GIBAULT Claire body: EP responsible: True committee: LIBE date: 2005-07-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs (Associated committee) rapporteur: group: Verts/ALE name: ŽDANOKA Tatjana type: Vote in committee, 1st reading/single reading
  • date: 2006-05-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-189&language=EN type: Committee report tabled for plenary, single reading title: A6-0189/2006 body: EP type: Committee report tabled for plenary, single reading
  • date: 2006-06-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20060613&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-06-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=4703&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-261 type: Decision by Parliament, 1st reading/single reading title: T6-0261/2006 body: EP type: Results of vote in Parliament
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  • body: EP responsible: False committee: FEMM date: 2005-10-05T00:00:00 committee_full: Women's Rights and Gender Equality (Associated committee) rapporteur: group: ALDE name: GIBAULT Claire
  • body: EP responsible: True committee: LIBE date: 2005-07-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs (Associated committee) rapporteur: group: Verts/ALE name: ŽDANOKA Tatjana
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