EU Commission Reproves 14 Member States on Race Equality Directive Implementation

20 November 2007

According to a 27 July 2007 press release by the European Commission, the Commission issued formal requests to fourteen Member States - Spain, Sweden, Czech Republic, Estonia, France, Ireland, United Kingdom, Greece, Italy, Latvia, Poland, Portugal, Slovenia and Slovakia - reiterating the need to implement fully the 2000 Race Equality Directive and pointing out specific areas in which the States needed to make improvements. The Commission stated that whilst all Member States "have made genuine efforts" towards reducing discrimination, "not all national legislation fully conforms to these requirements [in the Race Equality Directive]."

The Commissioner for Employment, Social Affairs and Equal Opportunities, Mr Vladimí­r Špidla, emphasised the importance of ensuring that countries are complying with the Race Equality Directive. "The right to be treated equally is a fundamental right, but every day across the EU people face discrimination in jobs, schools, shops, housing and healthcare because of the colour of their skin," he was quoted having stated. Further, "The EU's equality laws are vital in overcoming these barriers and stamping out discriminatory treatment. But we must make sure these rules are properly implemented so people in Europe have full legal protection against discrimination in practice. Our action today is all the more crucial in this, the European Year of Equal Opportunities for All."

Amongst the issues that the Commission highlighted as needing to be addressed are: National legislation that is limited in scope to workplace discrimination, instead of extending to access to social services such as education and housing; definitions which are inconsistent with those of the Directive, with regard to indirect discrimination, harassment and instructions to discriminate; and failure to successfully implement provisions to help victims of discrimination, including changes in the structure of court proceedings such as the shift in the burden of proof to the defendant as well as the ability for individuals to receive assistance from associations.

If the Member States do not satisfactorily reply to the request within two months, they will be referred to the European Court of Justice and fines may be issued against them.

(European Commission)

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