PRESS RELEASE

Brussels, 2 July 2008

Today the European Commission is issuing a proposal for a new directive to combat discrimination on grounds of religion or belief, age, sexual orientation and disability outside employment, as part of an overall ‘Social Agenda package’. The European Network Against Racism (ENAR) warmly welcomes this proposal that aims to ensure all people in Europe are equally protected from discrimination and enjoy the same rights.

Currently not everyone has the same protection. If you are Muslim, disabled, old, or lesbian, you can still be discriminated against in education or refused access to healthcare or housing. For people with multilayered identities such as a gay Christian wanting a good education or a disabled Black woman, the gaps are even wider.

This new directive is crucial because it provides for real protection where there is clear evidence of discrimination happening, including housing, access to goods and services and education. ENAR welcomes that the European Commission has built on the foundation of the existing protection against discrimination on grounds of racial or ethnic origin. The proposed Directive includes within its scope and legal concepts important protections already found in European law for other grounds of discrimination, such as the prohibition on discrimination in housing, health and education and it is essential that the extension of this protection to all grounds is brought into law as swiftly as possible.

Nevertheless ENAR has some concerns. The proposal repeats what ENAR believes to have been the mistakes of the past, including the exclusion of nationality or matters related to immigration. The current text also proposes blanket exceptions in key areas, notably education, marital and family status and certain activities of private individuals. These are sensitive but important areas, and ENAR is concerned that blanket exclusions go further than is necessary to comply with the principle of subsidiarity, leading, for some children, to the complete denial of the right to education.

Only last week the Fundamental Rights Agency presented its annual report to the European Parliament with clear evidence that rules allowing for an absolute preference on grounds of religion or belief without alternative measures in place can lead to such a denial. There is a key question here of how to respect the right of Member States to organise their educational systems, while also respecting the right of all to an education. ENAR looks forward to continuing to engage with all stakeholders on these important issues.

ENAR calls on the French Presidency of the EU to take a strong leadership role in ensuring that strong legislation is adopted with full support from all EU member states. As the time has come to make real the EU’s fundamental values of equality and non-discrimination, the French Presidency has an opportunity to achieve effective protection for Europe’s numerous and multi-faceted victims of discrimination as a core part of its legacy.

 

For further information, contact:

Georgina Siklossy, Communication and Press Officer

Phone: 32-2-229.35.70 - Fax: 32-2-229.35.75 E-mail: georgina@enar-eu.org - Website: www.enar-eu.org