An uphill struggle for equality

Anti-discrimination laws have existed in some member states such as Sweden and the UK since the 1960s and 1970s. At EU level, however, it was not until the Treaty of Amsterdam, which came into force on 1 May 1999, that combating discrimination was explicitly included as a principle for policymaking.

Negotiators say it was a hard fight to establish Article 13 of the treaty, which gave the EU institutions the power "to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation".

Two major pieces of legislation emerged from this battle at a break-neck speed, in seven months. In 2000, the directives on racial equality and equality in employment were unanimously adopted by the 15 member states that comprised the EU at the time.

These define the concepts of "direct" and "indirect" discrimination inspired by European Court of Justice (ECJ) case-law and prohibit discrimination and harassment in areas including employment, social security, education, housing and healthcare.

Their transposition to national law by the member states has been fractious. Eleven of the ‘old’ EU15 member states have been the subject of infringement proceedings for either failing to meet the deadline or failing fully to implement the directives. In May last year, the ECJ ruled that Germany and Austria had failed to implement the directive on racial equality.

The ten member states which joined the EU in 2004 had to implement the directive on racial equality as a prerequisite for admission. According to analysts at the European Policy Centre, even Romania and Bulgaria, which joined this year, were far ahead of Austria and Germany in implementing anti-discrimination policies last year, while still in the accession phase.

The European Commission’s network of legal experts on employment and social affairs says that the launch of 2007 as a European Year of Equal Opportunities is a response to the failure of political will and uneven implementation of the directives in national legislation and to a lack of public knowledge of laws on equal treatment. A Eurobarometer survey on discrimination in the EU released this year found that four out of ten Europeans are unaware that discrimination is prohibited by law. Just under a third of EU citizens are aware that discrimination on the basis of age and sexual orientation is illegal and only one third claim to know their rights should they be victims of discrimination.

When it comes to gender equality law at European level, the equal treatment of men and women was split between 12 directives until last summer. A new directive was adopted in July 2006 to update and consolidate four previous directives on equal pay, employment, social security and burden of proof. It also requires gender mainstreaming in formulating and implementing laws and policies.

This has led to a host of strategies and action plans and has put the gender pay gap back on the EU’s agenda. A Commission review of 30 European countries released in February 2007 found that, on average, women continue to earn 15% less than men and 25% less in the private sector.

The Commission has admitted that the current situation is worrying at a time when Europe needs to attract migrant workers and women in order to replenish the workforce, given the ageing population and falling birth rates across member states.

An initiative put forward by Angela Merkel, the German chancellor and current president of the European Council, is enjoying a high profile at present. Adopted by EU ministers last month, structural funds will support the creation of an EU platform for families to exchange best practice at all levels, on how best to maintain both a family and a job.

The Party of European Socialists says that this does not go far or fast enough and is pressing member states to meet targets set five years ago on expanding childcare provision, in order to encourage a greater participation of women in the workforce.

The European Trade Union Confederation says that gender mainstreaming is ambiguously applied in EU economic policies without fundamental regard to the needs of working parents.

A series of reviews this year may yet trigger change. The Commission is conducting impact assessments on existing anti-discrimination legislation with a view to updating it. This includes a fresh look at the provisions for disability rights in readiness to ratify the UN convention on disability (see page 23).

It is also to present to ministers for consideration concrete actions to reduce the gender pay gap. The findings of an expert group on migrant workers and social integration, expected this year, will also feed directly into policy recommendations.

The Commission claims that the target audience of the European Year of Equal Opportunities is not only a wider public, but also groups involved in developing and applying policies to combat discrimination. The €15 million budget is split between European and national initiatives, with €7.65m of funding coming from the 27 EU member states plus Iceland, Liechtenstein and Norway. No more than three projects are being chosen from each country, amounting to a total of €400,000. Spread this thinly, the Commission expects activities to be co-financed from public and private national sources.

With some countries launching the year as late as May, initiatives finalised and publicised so far include a cartoon contest on discrimination in Portugal and a European photo competition on diversity. Spent wisely, the leverage potential of such small budgets in such diverse areas of discrimination could pave the way for improved public understanding and inclusion, as well as improved policy.

• Saffina Rana is a freelance journalist based in Brussels.

Anti-discrimination laws have existed in some member states such as Sweden and the UK since the 1960s and 1970s. At EU level, however, it was not until the Treaty of Amsterdam, which came into force on 1 May 1999, that combating discrimination was explicitly included as a principle for policymaking.

• Primary Source