<EntP= E>EUROPEAN PARLIAMENT</EntPE>
|
2004 |
|
2009 |
![](3D"eu-parlament_files/image002.gif")
Session document
&= lt;RefStatus>FINAL</RefStatus>
<NoDo= cSe>A6-0140/2005</NoDocSe>
<Date= >{10/05/2005}10.5.2005</Date>
<TitreType<= /span>>REPORT</TitreType>
&=
lt;Titre>on the protection of minorities and anti-discrimination polici=
es in
an enlarged
<DocR= ef>(2005/2008(INI))</DocRef>
<Comm= ission>{LIBE}Committee on Civil Liberties, Justice and Home Affairs<= span class=3DHideTWBExt></Commission>
Rapporteu=
r: <Depu=
te>Claude Moraes</Dep=
ute>
P=
R_INI
CONTEN=
TS
Page<= span lang=3DEN-GB>MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION....................................... 3
OPINION of the Committee on Employment and Social Affairs.............. = 22
OPINION of the Committee on Culture and Education....................= ............ 25
OPINION
of the Committee on Women's Rights=
and
Gender Equality...
PROCÉDURE..........................................= ...........................................................................= ...... 30
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
on the protection of minorities and
anti-discrimination policies in an enlarged
(200= 5/2008(INI))
-&nb= sp; having regard to Articles= 6 and 7 of the EU Treaty, which set out the objectives of developing the Union as= an area of freedom, security and justice and giving effect to the principles of liberty, democracy, the protection of fundamental rights and the rule of la= w,
-&nb= sp; having regard, in particu= lar, to Article 13 of the EC Treaty, which sets out the task of the Community to = combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation, to Articl= e 63 of the EC Treaty, which establishes the framework of asylum and immigration policy within which the integration of third-country nationals is promoted = and to the other legal bases for Union action in this domain,
-&nb= sp; having regard to the Trea= ty establishing a Constitution for Europe, which further develops the current acquis, especially through the inclusion of the Charter for Fundamental Rig= hts, thereby bringing the concept of fundamental rights to even greater prominen= ce[1],
- having regard to Article I-14 of the Constitutional Treaty, which lays down the ar= eas of shared competence and which thus confers on the EU responsibilities in t= he area of freedom, security and justice, including human rights, and bearing = in mind that minority rights are a key element in general human rights,=
-&nb= sp; having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin[2], Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation[3] and Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation = of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions[4],
-&nb= sp; having regard to the Comm= ission Green Paper on equality and non-discrimination in an enlarged European Union (COM(2004)0379) and to the annual and thematic reports adopted by the Europ= ean Monitoring Centre on Racism and Xenophobia (EUMC),
-&nb= sp; having regard to Rule 45 = of its Rules of Procedure,
-&nb= sp; having regard to the repo= rt of the Committee on Civil Liberties, Justice and Home Affairs and the opinions= of the Committee on Employment and Social Affairs, the Committee on Culture, Youth, Education, the Media and Sport and the Committee on Women's Rights a= nd Equal Opportunities (A6-0140/2005),
A. bearing in min= d that there is a difference between the protection of minorities and anti-discrimination policies; noting that equal treatment is a basic right,= not a privilege, of all citizens, and tolerance should be a general attitude in life, not a favour granted to some and not to others; considering, therefor= e, that all forms of discrimination must be fought with equal intensity; recal= ling that national minorities contribute to the richness of Europe,
The political dimension and the urgent need for
anti-discrimination policies and minority protection
1. &n= bsp; Considers that it is of primary importance to the enlarged Union of 25 Member States = and 450 million inhabitants:
-&nb= sp; to reinforce the links be= tween the Union's peoples and the project that it represents, while at the same t= ime strengthening the sense of belonging to the European Union and the recognit= ion of each person’s own history, culture, identity and distinctiveness,<= /span>
-&nb= sp; to make action and the ex= ercise of power more coherent at local, regional, national and EU level, in line w= ith the principle of subsidiarity,
- to implement the existing legislation in good time and hence transpose the directives= in the area;
- to respect the principle of confidence as referred to its resolution of 20 Apr= il 2004 on the Commission Communication on Article 7 of the Treaty on European Union: Respect for and promotion of the values on which the Union is based[5];
- the= need for adequate representation in political decision making,
- the= need to safeguard equal treatment of minorities with regard to education, healthcar= e, social services, justice and other public services;
-= the need for the European Parliament to take into account the cultural and linguistic diversity of the= EU and its Member States (as the seats per Member State will decrease with every subsequent enlargement);
4. Points out that recent and future enlargements have led and will lead to a greater number of Member States characterised by cultural and linguistic diversity; believes, therefore, that the EU has a particular responsibility in safeguarding the rights of minorities;
5. Em= phasises the fact that minority rights are an integral part of basic human rights, a= nd considers it necessary to draw a clear distinction between (national) minorities, immigrants and asylum seekers;
6. Ur= ges the Commission to establish a policy standard for the protection of national minorities, having due regard to Article 4(2) of the Framework Convention f= or the Protection of National Minorities (FCNM): "The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas= of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities";
7. Po= ints out the inconsistency of policy toward minorities - while protection of minorit= ies is a part of the Copenhagen criteria, there is no standard for minority rights in Community policy nor is there a Community understanding of who ca= n be considered a member of a minority; notes that nor is there a definition of minorities in the United Nations Declaration on the Rights of Persons Belon= ging to National or Ethnic, Religious and Linguistic Minorities, or in the FCNM; recommends that such an definition should be based on the definition, laid = down in Council of Europe Recommendation 1201(1993), of a "national minority" as groups of persons in a state who:
- resi= de on the territory of that state
- main= tain longstanding, firm and lasting ties with that state,
- disp= lay distinctive ethnic, cultural, religious or linguistic characteristics,
- are = sufficiently representative, although smaller in number than the rest of the population = of that state or of a region of that state,
- are motivated by a concern to preserve togethe= r that which constitutes their
common identity, including their culture, their tradition, their religion or their=
language;
8. &n= bsp; Considers that, as is clear from the situations outlined above:
- some common and minimum objectives for public authorities in the EU should be developed, taking account of past experience, in particular the best practi= ces and the social dialogue underway in many Member States, and on the basis of= the implementation of the UN International Covenant= on Civil and Political Rights, the UN International Convention on the Eliminat= ion of All Forms of Racial Discrimination and the Conventions of the Council of Europe, such as the FCNM, the European Charter for Regional or Minority Languages and Protocol 12 to the European Convention f= or the Protection of Human Rights and Fundamental Freedoms; recalls also the implementation of the principles developed in the framework of the OSCE, in particular the Lund recommendations on effective participation of national minorities in public life, the recommendations of The Hague regarding the education rights of national minorities and the Oslo recommendations regard= ing the linguistic rights of national minorities,
9. &n= bsp; Notes that the Commission has already taken these standards into account in the context of the Copenhagen criteria[6] during the accession negotiations with the countries of Central and Eastern Europe, Cyprus and Malta and with the current accession and candidate countries;
10. Points to the=
fact
that, in implementing a policy of protecting minorities and of
anti-discrimination, the Union must not seek to question the legal and
constitutional structure of its
The shortcomings in the Member States' responses= to the measures based on Article 13 TEC
<=
span
lang=3DEN-GB>
11. &nb= sp; Notes with concern the unsatisfactory state of implementation of anti-discriminat= ion policies; urges all Member States in particular to step up the implementati= on of anti-discrimination policies, in particular with regard to Directive 2000/43/EC and Directive 2000/78EC, and urges the Commission to include as = one of the objectives of the 2007 European Year of Equal Opportunities for All = the need to find an adequate solution to the problems relating to:
- &nb= sp; late or incomplete transposition by Member States[7],
-&nb=
sp;
the failure to set up equ=
ality
bodies[8],
- the failure to secure adequate provisions on legal standing for NGOs,
- training and capacity-building, which are of the utmost importance in order for anti-discrimination legislation to be effective (there is a clear need to provide training to judges, lawyers, NGO in-house lawyers, etc. on the key provisions and concepts, such as the definitions of direct and indirect discrimination, burden of proof, etc.),
- dissemination of information and the launching of an awareness-raising campaign, as the Directives require Member States to inform people about the provisions of anti-discrimination law (the involvement of NGOs and the social partners is essential for greater awareness raising and in order to ensure that informa= tion about the opportunities offered by the Directives is disseminated to potent= ial victims of discrimination);
12. Notes the importance of developing mechanisms to collect data on racial discrimination in line with data protection legislation as an effective mea= ns of identifying, monitoring and reviewing polices and practices to combat ra= cial discrimination and promote racial equality;
13. Notes that, in many instances, Community law is implemented to o= nly a limited extent, which is mainly due to ignorance of social structures and mistrust and doubt on the part of citizens; considers that Member States sh= ould encourage, on the basis of legislation, collective agreements or practice, public and private sector employers to promote programmatically and systematically the principle of equality and non‑discrimination at the workplace and in working conditions, access to employment, career developme= nt, pay and vocational training;
14. (Advocates an integrated approach to equality and non-discrimination, the combating and erosion of unequal income distribution,(am. 17 Matsouka) and the mainstream= ing of these concepts in relevant EU policies; considers that the objective is = to ensure that Member States deal effectively and appropriately with the increasing diversity of their societies;
16. Considers that, in the context of globalisation, where economic activity is not restricted geographically and movements of capital and labour have assumed unprecedented proportions, equality and the elimination of discrimination cannot be tackled from a ‘European standpoint’ alone; points out that the glut of products on world markets is often the result of the overexploitation of labour (which leads to illegal immigration) and that the more developed regions (USA, EU) ‘import’ human scientific resources from the less developed South, making it impossible to overcome ‘underdevelopment’;
17. Considers that, as a priority, the Union should, in agreement with its Member States = and using existing legal bases, favour a coherent policy of integration through= the adoption of legislative measures and the provision of financial support;
- is a continuous two-way process involving both legally resident third-country nationals and the host society,
- inc= ludes, but goes beyond, anti-discrimination policy,
- imp= lies respect for the basic values of the European Union and fundamental human rights,
- req= uires basic skills for participation in society,
- rel= ies on frequent interaction and intercultural dialogue between all members of soci= ety within common forums and activities in order to improve mutual understandin= g,
- ext= ends to a variety of policy areas, including employment and education;
agrees with the European Council that i= t is necessary to promote the structured exchange of experience and information = on integration;
Minorities discriminated against on multiple gro=
unds,
including race, ethnic origin, sexual orientation, religion, disability and=
age
19. Welcomes the commitments made in the Comm=
ission
communication on Equal opportunities for people with disabilities: a Europe=
an
action plan (COM(2003)0650), which provides the follow-up to the European Y=
ear
of People with Disabilities 2003, and welcomes in particular the Commission=
's
adoption of a European Action Plan for people with disabilities; calls for a strengthening of
20.Warns against the possible discriminatory side-effects of measures against crime and terrorism, as there is evidence that ethnic minorities are five to six times more likely to be the target of police act= ion, identity checks, etc;
21.Calls on the institutions o=
f the
European Union, the Member States, all European democratic political parties
and civil society and associations belonging thereto, to:
- &nbs= p; condemn all acts and expressions of anti-semitism and anti-Muslim behaviour, the revival of holocaust denial theories, the denial and trivialisation of genocides, crimes against humanity and war crimes,
-&nb= sp; = condemn all acts of intol= erance and incitement to racial hatred and all acts of harassment or racist violen= ce,
- &= nbsp; condemn all acts of violence motivated by religious or racial hatred or intolerance= ,
&nb= sp; incl= uding attacks on all religious places, sites and shrines,
-<=
span
style=3D'mso-tab-count:1'> &=
nbsp; condemn all acts of homophobic or transphobic violence, including
harassment, humiliation and verbal or physical abuse, by both the state and
private individuals[9];
- = ; condemn the fact that discrimination on religious and ethnic grounds continues at
various levels, notwithstanding the important measures adopted by the European
22. Reiterates the fact that discrimination on grounds of religion is prohibited; calls on= the Member States and the accession and candidate countries to ensure full religious freedom and equal rights for all religions; reiterates, however, = the fact that freedom of religion does not justify discrimination, for example = in the field of education;
23. Takes
note of the continued prejudice and homophobia that continue to permeate the
public sphere and calls on the
24. Feels that there is a need for action against growing homophobia; notes with conc= ern increasing violence against homosexuals, for example bullying in schools an= d at the work place, the making of hate-filled comments by religious and politic= al leaders, reduced access to health care (for example exclusion from insuranc= e, reduced availability of organs for transplantation) and reduced access to t= he labour market; calls on the Commission to come forward with a communication= on obstacles to free movement in the EU for married or legally recognised gay couples;
25. Notes that the burgeoning unemployment and poverty observed in recent years at the heart of European societies have given rise to a specific situation characterised by inequality and discrimination;
26.Notes the high= rates of unemployment amongst the elderly and disabled owing to the greater difficulties they experience in gaining access to training programmes and n= ew job opportunities;
27.Calls on the s= ocial partners to make a substantial effort to eliminate discrimination on ground= s of disability or age, and ensure radically improved access to the labour marke= t;
28.Is convinced that these efforts should also include the pro= motion of dialogue and cooperation between the various segments of society at the local and national levels, including dialogue and cooperation between diffe= rent ethnic, linguistic and religious groups; urges Member States to involve and consult stakeholders when drawing up anti-discrimination laws;
29.Urges the Council and the Commission, and the various level=
s of
local, regional and national government in the Member States, to coordinate
their measures to combat all forms of discrimination including anti-semitis=
m,
islamophobic/anti-Muslim or anti-Roma behaviour, Romaphobia and Islamophobia
and attacks on minority groups, including Roma, third-country nationals
31. Points to the= fact that women continue to suffer discrimination in various areas of everyday l= ife, in spite of the legislation in force on combating discrimination;
32. Is deeply disappointed to note that, after a quarter of a century of equal treatment policies, the gender pay gap has hardly closed at all; calls on the Commiss= ion to report on the state of play of the pay gap in each Member State before t= he end of 2005;
33. Points out that, although progress =
has
been made on women’s employment and despite their high level of
education, women continue to be paid less than men for the same work and to=
be
regarded with suspicion by employers owing to pregnancy and maternity; poin=
ts
also to the cases of sexual harassment where women find it difficult to mak=
e a
complaint for fear of being publicly humiliated or dismissed;
34. Underlines the importance of focusing on the aspect of gender in relation to all groups th= at suffer from discrimination, since the women in these groups often face spec= ial problems;
35. Calls on the EU and the Member States to develop a methodology for examining the interaction of ethnicity and gender and identifying forms of multiple discrimination and their effect on women and girls, so that this methodology may serve as the basis on which legal instruments, policies and programmes are designed and implemented;
36. Draws attenti= on to the multiple discrimination of women who belong to national minorities (esp= ecially to Roma/Sinti minority) or who are migrants, on account of which a coherent policy approach is required;
37. Calls on the = Member States and the Commission to pay particular attention to women members of national or religious minorities as they are frequently victims of discrimination not only by the majority of the population but also by membe= rs of their own minority; considers that Member States should take action and measures for the protection of those women's rights; such measures could in= clude providing, on a continuous basis, information to women members of minorities about the rights guaranteed in Community and national law for everyone and especially women;
The Roma
community
38. Considers that this community needs special protection since, with the enlargement of= the Union, it is one of the largest minorities in the EU and, as a community, it has been historically marginalised and prevented from developing in certain= key areas and notes that Roma culture, history and languages are often neglecte= d or denigrated;
39. Notes that Roma face racial segregation in education and the risk of being placed incorrectly in schools for the mentally disabled, are discriminated against= in the provision of housing, health care and public services, suffer high rate= s of unemployment, often have their rights denied by public authorities and are politically under-represented;
40. Welcomes the publication of the abovementioned Green paper, which addresses the prob= lems faced by the Roma in an enlarged EU, the organisation of a workshop for national authorities on how to use the Structural Funds to assist Roma and other disadvantaged groups and the launch of a specific Commission internsh= ip scheme for members of the Roma community; considers, however, that the most manifest disadvantages could also be addressed by:
-&nb= sp; the implementation of joi= nt integration projects between the Member States where members of this commun= ity live, in order to solve, within ten years, the most manifest disadvantages faced by the Roma,
-&nb= sp; promoting common projects financed out of the European Regional and Development Fund,
- = ; promoting knowledge of the language of the countries where members of this community = live and supporting the preservation of Roma languages and cultural heritage, as= a way of strengthening their own culture and self-image,
-&nb= sp; improving access to emplo= yment, housing, social services and pension schemes;
New and settled immigrants
41. Considers that recent immigrants may experience specific kinds of discrimination, whi= ch will differ in some respects from the discrimination faced by settled ethnic-minority EU citizens of the second, third and fourth generations of immigrants;
42. Considers it important to distinguish between minorities of recent immigrant origin and those traditional national and ethnic minorities who are indigenous to the territory in which they live;
43. Considers tha= t the most urgent need of minorities of immigrant origin is to integrate into soc= iety as soon as possible, including through Member States simplifying further the naturalisation procedure while ensuring that integration does not become unwanted assimilation or undermine the group identity of persons living on their territory; considers that it is equally important to avoid problems stemming from the various national laws on access to citizenship;
Linguistic minorities
44. Considers that particular attention should be devoted to groups of people belonging to inguistic minorities, and calls on the Commission and the Member States to treat them in accordance with the principles laid down in the European Char= ter on Regional or Minority Languages, the FCNM and the abovementioned Hague and Lund recommendations;
Traditional or ethnic minorities living on the territory of a =
45. Considers that effective participation in decision-making based on the principles of subsidiarity and self-governance is one of the most effective ways of handl= ing the problems of traditional minority communities, following the best practi= ces existing within the Union; encourages the Member States that have yet to ra= tify the FCNM to do so without further delay;
46. Considers that traditional national
minority communities have specific needs different from other minority grou=
ps,
that public policies should be more focused and that the Union itself must
address these needs in a more appropriate way, as, with enlargement, there =
is
now a significant number of such communities in the Union;
Stateless persons permanently residing in the Member States
47. Considers tha= t persons who do not possess the citizenship of any state and who reside permanently = in the Member States face a unique situation in the EU, and calls on the Member States and the Commission to take measures in order to align their rights (= in particular the right to vote in local elections and the Community right to free movement) with those of EU citizens;
48. Calls on the = Member States to apply the principle of effective participation of national minori= ties in public life as set out in Article 15 of the FCNM and in the Lund recommendations with regard to the communities of stateless persons living = on their territory, as the key to their integration, and to simplify and speed= up the naturalisation procedures in order to extend EU citizenship to the majo= rity of those who do not yet possess it as soon as possible;
49. Calls on the
Commission to consider extending the mandate of the working group on Roma a=
nd
the Structural Funds to the stateless persons' communities of the Member
States, or to create a special working group to address their situation;
Legislative measures to be taken before the entr=
y into
force of the Constitutional Treaty
50. Congratulates
the Commission for its work on Article 13 and urges it to continue to imple=
ment
a coherent general strategy on the problems facing minorities in the
(a) Article= 13 on anti-discrimination policy; using this legal basis, which is the most far reaching as regards the protection of minorities, the Union could, on the b= asis of its experience, develop the following initiatives that have already been implemented and strengthen various articles of the FCNM, such as Article 3(= 1), Article 4(2) and (3) and Articles 6 and 8 thereof,
(b) Article= 18 TEC, which deals with freedom of movement and the right of residence, could serv= e as a strong basis for facilitating the movement of people belonging to minorit= ies, thereby avoiding their isolation, the creation of new "ghettos" or forced assimilation,
(c) Article= s 49, 95 and 151 TEC could provide a strong foundation in the Union for safeguarding= the principles enshrined in Article 9 of the FCNM, such as freedom of expressio= n or the right not to be discriminated against in access to the media,
(d) Article= s 65 TEC and 31 TEU, which deal with judicial cooperation and assistance and cover ground similar to Article 10(3) of the FCNM, are of the utmost importance f= or any member of a minority seeking assistance, whether in civil or criminal proceedings,
(e) Article= 62 TEC, which deals with migration policy, which remains incomplete six years after= the entry into force of the Treaty of Amsterdam (consideration must be given to= the need for legal migrants to be integrated into society),
(f) P= oints (g), (h), (i) and (j) of Article 137(1), which deal with the employment of third-country nationals, the integration of persons excluded from the job market and combating social exclusion, would be a strong basis for new initiatives focusing on minorities,
(g) Article=
149 TEC
on improving access to education could contribute, through education, to
furthering the integration of minorities into society, as provided for in
Article 12 and 14 of the FCNM,
(h) Article= s 151 and 163 TEC, which deal with culture and research, could be of mportance for developing common programmes for minorities in these areas (as provided for= in Article 12 of the FCNM);
51. Calls upon the Council to move towards agreement on the Commission’s proposal for a Council Framework Decision on combating racism and xenophobia[10]; considers that the Framework Decision will be an important step towards establishing a framework for punishing racist/xenophobic violence as a crim= inal offence across the EU and recognising racist and xenophobic motivation as aggravating circumstances, leading to longer sentences; recalls its positio= n of 4 July 2002[11], which was favourable to the proposal; welcomes the decision of the Justice = and Home Affairs Council on 24 February 2005 to reconsider the previously stall= ed Framework Decision;
Future
economic and financial measures
52. Considers
that the
- = ; by elaborating a comprehensive strategy to combat minority discrimination with the help of= the Structural Funds, the Cohesion Fund, the European Social Fund (ESF) and= the Equal Community Initiative in particular,
-&nb= sp; by establishing new pilot= projects and solidarity networks on the basis of the Treaty Articles referred to in paragraph 50 and appropriate initiatives with the third countries whence ca= me the minorities;
- = ; by incorporating a non-discrimination thread throughout the Structural Funds, = and in particular the ESF, and by actively promoting the ESF as an instrument to implement Directives 2000/78/EC and 2000/43/EC,
- = ; by re-inserting funding for transnational initiatives in the field of non-discrimination and social inclusion into the proposal establishing the PROGRESS programme (COM(2004)0488),
- = ; by making it easier for non-government organisations representing the interest= s of persons to whom the grounds covered by Article 13 TEC are relevant to benef= it from the Structural Funds and in particular the ESF;
urges,=
in this
context, the Member States to delegate some of their decision-making powers
over the Structural Funds to regional and local authorities, in line with t=
he
Implementing measures and feedback mechanism
53. Welcomes the recent initiatives tak= en by the Commission in this field, namely:
-&nb= sp; the establishment by the President of the Commission of a Group of Commissioners for Fundamental Rig= hts, which must play a crucial role in contributing to the protection of minorit= ies and non-discrimination,
-&nb= sp; the establishment of an inter-service group bringing together representatives of 14 different Commission services;
54. &nb= sp; Calls for data to be collected on direct and indirect discrimination (i.e. the percentage of people belonging to national minorities among those living at risk of poverty and among the employed and unemployed, their level of education, etc.) so as to ensure proper feedback on the effectiveness of Me= mber State anti-discrimination and minority-protection policies;
55. &nb=
sp; Calls on Member States to integrate a gender dimensio=
n into
their Action Plan for the elimination of racism, racial discrimination,
xenophobia and related intolerance and in particular to develop
gender-sensitive and gender-specific guidelines and indicators and use
sex-disaggregated data at all levels;
57. &nb= sp; Calls on Member States to ensure that staff providing public services and counsel= ling are aware of the particular issues facing ethnic minority and migrant women= and that this staff receives anti-racism training which includes a gender-sensi= tive perspective;
58. &nb=
sp; Reaffirms
its conviction that remembrance and education are vital components of the
effort to make intolerance, discrimination and racism a thing of the past, =
and
urges the Council, Commission and
- = ; developing the capacity to prevent and address discrimination effectively, in particul= ar by strengthening organisations' means of action and through support for the exchange of information and good practice and networking at European level, while taking into account the specific characteristics of the various forms= of discrimination;
- = ; promoting and disseminating the values and practices underlying the fight against discrimination, including through the use of and support for awareness-rais= ing campaigns, since it considers that preventing discrimination is as importan= t as combating it;
- = ; encouraging the training of teachers in such a way as to make it easier for them to tea= ch in school both the need to combat racism, anti-semitism and intolerance, and recognise the benefits of cultural diversity, in particular those resulting from immigration;
59. &nb=
sp; Calls on Member States to introd=
uce
legal protection against discrimination, including positive measures taking
into account the gender dimension, on the grounds covered by Article 13 of =
the
EC Treaty;
60. Is convinced that, in line with the subsidiarity principle, there should be cl= ose cooperation between represent= atives of minorities and local, regional, national and European institutions; considers that such cooperation should be based on:
-&nb= sp; clear benchmarking, so as= to make it possible to check whether the action taken complies with the standa= rds previously defined,
- = ; the open method of coordination, bringing together various Member States' authorities and representatives from the European institutions and exchangi= ng good practice;
61. Taking into account Articles 262 an=
d 265
TEC, asks respectively the Committee of the Regions and European Economic a=
nd
Social Committee to deliver their opinion on the issues of minority protect=
ion
and anti-discrimination policies raised by this resolution; encourages the =
two
Committees to deliver such an opinion by mid 2006, and to focus on the spec=
ific
role that could be played by the regional or local authorities and the vari=
ous
economic and social components of organised civil society;
62. Considers it of the utmost importan=
ce for
the Fundamental Rights Agency to become a useful tool of cooperation with t=
he
European Institutions, in close coordination with national institutions dea=
ling
with fundamental rights; believes that the Agency should also monitor the
impact of the policies outlined in this resolution and should report regula=
rly
to the European Parliament and national parliaments;
63. Invites the Commission to begin to review the application of Directives 2000/43/EC = and 2000/78/EC, with the aim of strengthening European Union anti-discrimination measures, and to organise a major conference involving all the actors concerned, in particular political representatives and representatives of public institutions at national, regional and local level and of NGOs and associations active in this field;
64. Instructs its President to forward this resolution to the Council, the Commission and= the governments and parliaments of the Member States and of the accession and candidate countries, the European Economic and Social Committee and the Committee of the Regions.
OPINION <CommissionResp>of the {EMPL}Committee on Employment and Social Affairs<= span style=3D'mso-bookmark:_Toc103497081'></CommissionResp>
<CommissionInt>for the {L= IBE}Committee on Civil Liberties, Justice and Home Affairs</CommissionInt>
<=
span
lang=3DEN-GB style=3D'font-size:10.0pt;mso-bidi-font-family:"Times New Roma=
n";
color:navy;mso-no-proof:no'><Titre>o=
n the
protection of minorities and anti-discrimination policies in an enlarged
<DocRef>= (2005/2008(INI))</DocRef>=
Draftsperso= n: <Depute><= span lang=3DEN-GB>Maria Matsouka</Depute>
SUGGESTIONS
The Committee on Employment and S= ocial Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs= , as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
2. Points out tha= t, although progress has been made on women’s employment and despite the= ir high level of education, women continue to be paid less than men for the sa= me work and to be regarded with suspicion by employers owing to pregnancy and maternity; points also to the cases of sexual harassment where women find it difficult to make a complaint for fear of being publicly humiliated or dismissed;
3. Notes the high= rates of unemployment of elderly and disabled workers owing to the greater diffic= ulty they experience in gaining access to training programmes and new job opportunities;
4. Draws attentio= n to the need to fully implement the Framework Employment Directive (Council Directi= ve 2000/78/EC), which outlaws discrimination in the workplace on grounds of disability, age, religion and sexual orientation;
5. Notes that, in= many instances, European Union law and directives are implemented to only a limi= ted extent, which is mainly due to ignorance of social structures, mistrust and doubt on the part of citizens; Considers that Member States should encourag= e, on the basis of legislation, collective agreements or practice, public and private sector employers to promote programmatically and systematically, the principle of equality and non‑discrimination at the workplace and in working conditions, in access to employment, career development, pay and vocational training;
6. Considers that= , in the context of globalisation, where economic activity is not restricted geograp= hically and movements of capital and labour have assumed unprecedented proportions, equality and the elimination of discrimination cannot be tackled from a ‘European standpoint’; points out that the glut of products on world markets is often the result of the overexploitation of labour (which leads to illegal immigration) and that the more developed regions (USA, EU) ‘import’ human scientific resources from the less developed Sou= th, making it impossible to overcome ‘underdevelopment’;
7. Draws attentio= n to the subject of national minorities, with particular regard to the 7‑9&nbs= p;million Roma living in the European Union who are subject to multiple discriminatio= n;
8.<= span style=3D'mso-tab-count:2'> Notes, finally, that a partic= ular situation characterised by inequality and discrimination has arisen as a re= sult of the burgeoning unemployment and poverty observed in recent years at the heart of European societies.
PROCEDURE
|
Title |
Prot=
ection
of minorities and anti-discrimination policies in an enlarged |
|||||
|
Procedure number |
2005=
/2008(INI) |
|||||
|
Committee responsible |
LIBE=
|
|||||
|
Committee asked for its opinion |
EMPL=
24.2=
.2005 |
|||||
|
Enhanced cooperation |
- |
|||||
|
Draftsperson |
Maria
Matsouka 11.1=
0.2004 |
|||||
|
Discussed in committee |
15.3=
.2005 |
|
|
|||
|
Date suggestions adopted |
20.4=
.2005 |
|||||
|
Result of final vote |
<=
span
lang=3DEN-GB style=3D'font-size:10.0pt'>for: against: abstentions: |
23 0 0 |
||||
|
Members present for the final vot=
e |
Jan
Andersson, Emine Bozkurt, Ole Christensen, Jean Louis Cottigny, Ilda
Figueiredo, Joel Hasse Ferreira, Stephen Hughes, Sepp Kusstatscher, Jean =
Lambert,
Raymond Langendries, Bernard Lehideux, Thomas Mann, Maria Matsouka, Ria
Oomen-Ruijten, Csaba Őry, Marie Panayotopoulos-Cassiotou, Jacek
Protasiewicz, José Albino Silva Peneda, Anne Van Lancker. |
|||||
|
Substitutes present for the final=
vote |
Udo
Bullmann, Elisabeth Schroedter, Marc Tarabella, Patrizia Toia. |
|||||
|
Substitutes under Rule 178(2) pre=
sent for
the final vote |
- |
|||||
<Date= >{11/04/2005}21.4.2005</Date>
OPINION <CommissionResp>of the {CULT}Committee on Culture and Education= </CommissionResp>
<CommissionInt>for the {L= IBE}Committee on Civil Liberties, Justice and Home Affairs</CommissionInt>
<=
span
lang=3DEN-GB style=3D'font-size:10.0pt;mso-bidi-font-family:"Times New Roma=
n";
color:navy;mso-no-proof:no'><Titre>on on
Protection of minorities and anti-discrimination policies in an enlarged
<DocRef>= (2005/2008(INI))</DocRef>=
Draftsman: =
<Depute><=
span
lang=3DEN-GB>Miguel Portas</Depute>
SUGGESTIONS
The Committee on Culture and Educ= ation calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions in its moti= on for a resolution:
Chart= er of Fundamental Rights, Article 22 (Respect for cultural, religious and linguis= tic diversity)
2. &n= bsp; Calls on France to sign the Council of Europe Framework Convention for the Protec= tion of National Minorities; urges Belgium, Greece, Latvia, Luxembourg and the Netherlands to ratify the Convention;
3. &n= bsp; Calls on Belgium, Estonia, Greece, Ireland, Latvia, Lithuania and Portugal to sign the European Charter for Regional or Minority Languages; urges the Czech Republic, France, Italy, Luxembourg, Malta and Poland to ratify it;<= /p>
4. = Urges Member States to continue their efforts to improve the situation of the Rom= a/ Sinti minorities by acting against discrimination in employment and housing= and by taking account of the particular educational requirements of Roma/Sinti children.
PROCEDURE
|
Title |
<Titre>on Protection of minorities and anti-discriminati=
on
policies in an enlarged Europe </Titre> |
|||||
|
Procedure number |
<DocRef>2005/2008(INI)=
</DocRef> |
|||||
|
Committee responsible |
LIBE=
|
|||||
|
Committee asked for its opinion |
CULT=
24.2=
.2005 |
|||||
|
Enhanced cooperation |
No |
|||||
|
Drafts(wo)man |
Migu=
el
Portas |
|||||
|
Discussed in committee |
14.3=
.2005 |
|
|
|||
|
Date suggestions adopted |
21.4=
.2005 |
|||||
|
Result of final vote |
<=
span
lang=3DEN-GB style=3D'font-size:10.0pt'>for: against: abstentions: |
<=
span
lang=3DEN-GB style=3D'font-size:10.0pt'>31 0 1 |
||||
|
Members present for the final vot=
e |
Mar&=
iacute;a
Badía i Cutchet, Christopher Beazley, Giovanni Berlinguer, Guy Bon=
o,
Marie-Hélène Descamps, Jolanta Dičkutė, Věra
Flasarová, Milan Gaľa, Claire Gibault, Vasco Graça Mou=
ra,
Lissy Gröner, Luis Francisco Herrero-Tejedor, Ruth Hieronymi, Manolis
Mavrommatis, Marianne Mikko, Zdzisław Zbigniew Podkański, Miguel
Portas, Christa Prets, Karin Resetarits, Nikolaos Sifunakis, Helga
Trüpel, Henri Weber, Thomas Wise, Tomáš Zatloukal |
|||||
|
Substitutes present for the final=
vote |
Ivo =
Belet,
Michael Cramer, András Gyürk, Małgorzata Handzlik, Gyula
Hegyi, Ignasi Guardans Cambó, Nina Škottová, Witold
Tomczak |
|||||
|
Substitutes under Rule 178(2) pre=
sent for
the final vote |
|
|||||
OPINION <CommissionResp>of the {FEMM}Committee on Women's Rights and Ge= nder Equality= </CommissionResp>
<CommissionInt>for the {L= IBE}Committee on Civil Liberties, Justice and Home Affairs</CommissionInt>
<= span lang=3DEN-GB style=3D'font-size:10.0pt;mso-bidi-font-family:"Times New Roma= n"; color:navy;mso-no-proof:no'><Titre>o= n the protection of minorities and anti- discrimination policies in an enlarged Europe</Tit= re>
<DocRef>= (2005/2008(INI))</DocRef>=
Draftswoman= : <Depute><= span lang=3DEN-GB>Edit Bauer</Depute>
SUGGESTIONS
The Committee on Women's Rights a= nd Gender Equality calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggest= ions in its motion for a resolution:
-&nb= sp; having regard to Article = I-14 of the Treaty establishing a Constitution for Europe, which sets out the ar= eas of shared competence, one of which is the area of freedom, security and justice,
-&nb= sp; having regard to Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation and Equal Treatment Amendment Directive 2002/73/EC,
A. whereas = there is a difference between protection of minorities and anti-discrimination polic= y,
As regards the protection of national minorities:
1. Co= nsiders it necessary to draw a clear distinction between (national) minorities, immigrants and asylum seekers;
2 Emphasises the fact that minority rights are an integral part of basic human rights;
3. Ca= lls on the Commission to establish a policy standard for the protection of national minorities;
4.&n= bsp; Calls on the Member State= s and the Commission to give particular importance to women members of national or religious minorities as they are frequently victims of discrimination not o= nly by the majority of the population but also by members of their own minority; Member States should take action and measures for the protection of those women's rights; such measures could include providing, on a continuous basi= s, information to women members of minorities about the rights guaranteed in Community and national law for everyone and especially women;
As regards strengthening anti-discrimination policy:
5. Points to the fact that w= omen continue to suffer discrimination in various areas of everyday life, in spi= te of the legislation in force on combating discrimination;
6. Co= nsiders that attention should also be paid to the particular problems faced by wome= n immigrants trying to gain access to the labour market and consequently to integrate themselves into the host country;
7. Dr= aws attention to the multiple forms of discrimination suffered by women belongi= ng to national minorities (especially to the Roma/Sinti minority) or migrants,= on account of which a coherent policy approach is required;
8.
9. Un= derlines the importance of focusing on the aspect of gender in relation to all groups that suffer from discrimination, since the women in these groups often face special problems;
10. Calls for data on direct and indirect discrimination to be col= lected (for example the percentage of persons/women belonging to minorities among those living at risk of poverty, those in employment and the unemployed, and the percentage in education, etc.) so as to ensure that there is proper feedback on the effectiveness of Member State anti-discrimination and minority-protection policies;
11. Calls on Member States to integrate a gender dimensio= n into their Action Plan for the elimination of racism, racial discrimination, xenophobia and related intolerance and in particular to develop gender-sensitive and gender-specific guidelines and indicators and use sex-disaggregated data at all levels;
12. Calls on Memb= er States to ensure that staff providing public services and counselling are a= ware of the particular issues facing ethnic minority and migrant women and that = this staff receives anti-racism training which includes a gender-sensitive perspective;
13. Calls on Member States to introd=
uce
legal protection against discrimination, including positive measures and ge=
nder
dimension on grounds covered by Article 13 of the EC Treaty.<=
br
clear=3Dall style=3D'mso-special-character:line-break;page-break-before:alw=
ays'>
PROCEDUR=
E
|
Title |
Protection of minorities and anti-discriminati=
on
policies in an enlarged Europe |
|||||
|
Procedure number |
2005/2008(INI) |
|||||
|
Committee
responsible |
LIBE<= o:p> |
|||||
|
Committee
asked for its opinion |
FEMM |
|||||
|
Enhanced
cooperation |
No |
|||||
|
Draftsperson |
Edit Bauer |
|||||
|
Discussed
in committee |
20.4.2005 |
|
|
|||
|
Date
suggestions adopted |
20.4.2005 |
|||||
|
Result
of final vote |
fo=
r: against: abstentions: |
18=
0 0<= o:p> |
||||
|
Members
present for the final vote |
Emine Bozkurt, Věra Flasarová, Zita
Gurmai, María Esther Herranz García, Anneli
Jäätteenmäki, Lívia Járóka, Piia-Noora
Kauppi, Urszula Krupa, Pia Elda Locatelli, Angelika Niebler, Doris Pack, =
Marie
Panayotopoulos-Cassiotou, Teresa Riera Madurell, Amalia Sartori, Lydia
Schenardi, Eva-Britt Svensson, Anna Záborská |
|||||
|
Substitutes
present for the final vote |
Anna Hedh, Elisabeth Jeggle |
|||||
|
Substitutes
under Rule 178(2) present for the final vote |
|
|||||
|
Titre |
The
protection of minorities and anti-discrimination policies in an enlarged
Europe |
||||||||||||
|
Numéro de procédure=
|
2005=
/2008(INI) |
||||||||||||
|
Base réglementaire |
art.=
45 |
||||||||||||
|
Commission
compétente au fond |
LIBE=
|
||||||||||||
|
Commission(s) saisie(s) pour avis=
|
EMPL=
|
CULT=
|
FEMM=
|
|
|
||||||||
|
Avis non émis |
|
|
|
|
|||||||||
|
Coopération renforcé=
;e |
|
|
|
|
|
||||||||
|
Proposition(s) de résoluti=
on
incluse(s) dans le rapport |
|
|
|
||||||||||
|
Rapporteur(s) |
Clau=
de
Moraes |
|
|||||||||||
|
Rapporteur(s) remplacé(s)<= o:p> |
|
|
|||||||||||
|
Examen en commission |
16.3=
.2005 |
26.4=
.2005 |
|
|
|
||||||||
|
Date de l'adoption |
26.4=
.2005 |
||||||||||||
|
Résultat du vote final |
<=
span
lang=3DEN-GB style=3D'font-size:10.0pt'>pour: contre: abstentions: |
33 14 1 |
|||||||||||
|
Membres présents au moment=
du vote
final |
Alex=
ander
Nuno Alvaro, Edit Bauer, Mario Borghezio, Mihael Brejc, Maria Carlshamre,
Michael Cashman, Giusto Catania, Charlotte Cederschiöld, Fausto Corr=
eia,
Rosa Díez González, Antoine Duquesne, Kinga Gál, Pat=
rick
Gaubert, Elly de Groen-Kouwenhoven, Lívia Járóka,
Timothy Kirkhope, Ewa Klamt, Magda Kósáné Ková=
;cs,
Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Romano Maria La Russa,
Henrik Lax, Edith Mastenbroek, Claude Moraes, Hartmut Nassauer, Lapo
Pistelli, Martine Roure, Michele Santoro, Inger Segelström, Frank
Vanhecke, Ioannis Varvitsiotis, Tatjana Ždanoka |
||||||||||||
|
Suppléants présents=
au
moment du vote final |
Pana=
yiotis
Demetriou, Koenraad Dillen, Jeanine Hennis-Plasschaert, Sophia in 't Veld,
Sylvia-Yvonne Kaufmann, Antonio Masip Hidalgo, Jean Lambert, Vincent Peil=
lon,
Herbert Reul, Marie-Line Reynaud, Kyriacos Triantaphyllides, Rainer Wiela=
nd |
||||||||||||
|
Suppléan=
ts
(art. 178, par. 2) présents au moment du vote final |
María del Pilar Ayuso González, Ģirts Valdis
Kristovskis, Véronique Mathieu, Manolis Mavrommatis |
||||||||||||
|
Date du dépôt &=
#8211;
A6 |
10.5=
.2005 |
A6&#=
8209;0140/2005 |
|||||||||||
[1]=
Once the Treaty establishin=
g a
Constitution enters into force, the term ‘minorities’ will for =
the
first time appear in primary law, in two provisions: Article 21 of the Char=
ter
(Art. II-81 of the Constitution), which forbids all discrimination based on
"membership of a national minority"; Article I-2 of the Constitut=
ion,
which refers to "human rights, including the rights of persons belongi=
ng
to minorities" as one of the values on which "the Union is
founded". The Constituti=
on
also states that the Union must "combat social exclusion and
discrimination, and shall promote social justice and protection, equality
between women and men, solidarity between generations and protection of the
rights of the child" (Article I-3(3), subparagraph 2).
[2]=
OJ L 180, 19.7.2000, p. 22.=
[3]=
OJ L 303, 2.12.2000, p. 16.=
[4]=
OJ L 269, 5.10.2002, p. 15.=
[5]=
Texts Adopted, P5_TA(2004)0=
309.
[6]=
One of the three Copenhagen criter=
ia
concerns being a stable democracy, the rule of law, human rights and respect
for and protection of minorities.
[7]=
Infringement procedures against a =
number
of Member States have already been launched by the Commission for failing to
communicate national measures transposing Directives 2000/43/EC and
2000/78/EC. Further infringement procedures for "non-conformity&=
quot;
(incomplete or incorrect transposition) are expected to be launched soon.
[8]=
The Commission is concerned=
at the
failure to establish functioning equality bodies, as required by Directive
2000/43/EC, in a number of Member States. Where such bodies have been=
established,
there are also concerns, in some cases, relating to their independence and
capacity to operate effectively.
[9]=
Examples of homophobic=
hate
crimes include the nail bomb in London (1999), the attacks on LGBT Pride
Marches in Poland and Bosnia (2004) and the fierce attack on Sebastien Nouc=
het,
who was burnt alive in his hometown in France (2004).
[10] OJ C 75 E, 26.3.2002, p. 26=
9.
[11] OJ C 271 E, 12.11.2003, p. =
558.