ESC adopts opinion on anti-discrimination proposals

The EU's Economic and Social Committee (ESC) adopted an opinion on 26 May 2000 on the European Commission's package of measures designed to combat discrimination. While welcoming the proposals, the ESC has made a number of suggestions and recommendations to the Commission.

TheEconomic and Social Committee (ESC) adopted its opinion on the European Commission's package of anti-discrimination proposals on 26 May 2000. The Commission's proposals were issued on 25 November 1999 (EU9912318F) and comprise three measures based on Article 13 of the Treaty establishing the European Community:

• a proposed Directive implementing the principle of equal treatment in all areas of life, regardless of racial or ethnic origin;

• a proposed framework Directive implementing the principle of equal treatment in the area of employment and occupation, irrespective of race or ethnic origin, religion or belief, disability, age or sexual orientation; and

• a proposal for a Community action programme aimed at combating discrimination.

The European Parliament recently issued an opinion which concentrated solely on the proposed Directive which aims to combat discrimination based on race or ethnic origin and the matter was discussed briefly at the 8 May 2000 Employment and Social Policy Council of Ministers (EU0005250F).

The ESC opinion encompasses all three of the Commission's proposals and broadly welcomes the attempt to establish minimum standards in this area across the European Union (EU), whilst ensuring the maintenance of existing protection in Member States. However, it makes a number of suggestions and recommendations to the Commission, as follows:

• provisions regarding racial violence and incitement to racial hatred should be included in the proposed Directive on equal treatment regardless of race or ethnic origin. The ESC feels that if this is not included in the Directive, it would be "a missed opportunity to the detriment of the human rights of people from ethnic minority backgrounds";

• Member States should be required to disseminate information on how to prevent the occurrence of discrimination, and which identifies and publicises best practice;

• it should be clarified that, in the framework Directive on equal treatment in employment and occupation, employers should be liable for harassment only in situations which are clearly under the employer's control, and where the employer has knowledge of the harassment and has tolerated the continuation of the harassment;

• a provision should be included allowing relevant organisations to pursue an action on behalf of a group of individuals, provided that this is permitted by legislation in Member States;

• more effort should be given to researching and developing the benefits which equality of opportunity can bring to business. The ESC notes that many examples of good business practice exist in companies both within and outside the EU;

• although the ESC supports the proposed formulation of the burden of proof, it feels that it should be made clear that a shift of the burden of proof is meant, rather than a reversal; and

• although the ESC fully supports the Commission's proposed action programme, it notes that there is an omission regarding how the experiences of victims of discrimination could be taken into account in the planning and implementation of the action programme. Further, it feels that the fact that the programme aims to support transnational projects means that many organisations will be excluded, which, in its view, is an "unfortunate oversight".

It is likely that the coming six months will see the progression of these proposals, as the incoming French EU Presidency has stated that it aims to make social policy one of its priorities during its six-month term which spans the second half of 2000 (EU0006254N).