European Law Report - Law proposed to combat discrimination on all fronts
Discrimination on the grounds of religion, age, gender or sexual orientation must be eradicated on all fronts, the European Parliament's Civil Liberties Committee recently agreed, endorsing a proposed law put forward by the European Commission last year.
Discrimination on the grounds of religion, age, gender or sexual orientation must be eradicated on all fronts, the European Parliament's Civil Liberties Committee recently agreed, endorsing a proposed law put forward by the European Commission last year. A person may be discriminated against on the basis of any of the afore-mentioned grounds not only when it comes to employment but even in so far as access to essential goods and services such as banking, education, transport and health are concerned.
Discrimination on the basis of any of these grounds in so far as employment is concerned has been prohibited at EU level for the past nine years. However, EU citizens are to date not afforded legal protection against discrimination in the realms of public services, buying products or making use of commercial services such as banking. The law proposed by the Commission and which has now received the blessing of the afore-mentioned committee has the precise objective of combating discrimination on all fronts, irrespective of whether such discrimination is direct or indirect, or of whether it is based on real or presumed criteria.
MEPs have emphasised that this proposed law ought to be extended to apply as well to access to transport besides the spheres originally identified by the Commission, namely social protection and health care, social benefits, education and access to goods and services, including housing. Indeed, in particular, reasonable efforts at accommodating the needs of the disabled such as providing wheelchair access to buildings must be made, they asserted. A balance, however, must be struck, particularly in the interests of small businesses. The committee thus agreed that any measures adopted must not bring about disproportionate costs or a radical modification of the nature of the goods or services in question.
Transactions between private individuals that are not commercial or professional are to be excluded from anti-discrimination protection, the MEPs maintained. The committee is also of the opinion that the proposed law ought to cover multiple discrimination, that is, discrimination based on two or more grounds, as well as discrimination by association. Furthermore, harassment - that is where unwanted conduct takes place with the effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment - must be considered as a form of discrimination, the committee agreed.
The changes being proposed do not prevent governments from offering positive discrimination or beneficial quotas to groups in society that have historically been marginalised. Indeed, member states may even allow some differences of treatment, such as in access to education provided by religious bodies, provided that these differences are necessary and proportionate and do not in themselves result in a denial of the right to education. Risk factors related to disability and age used in the insurance and banking industries will not be regarded as discrimination if they are shown to be directly determining factors for the assessment of risk. However, such risks must be precisely defined by the service providers.
Age restrictions for certain products such as weapons, beers or the granting of driving licences can still be maintained by the member states. Similarly, certain favourable terms such as reduced or free tariffs for the use of public transport often given by member states to youths and retired persons are there to stay.
The European Parliament is expected to vote on this proposed law in its plenary session at the beginning of April. This proposed directive, if it were to become law, would indeed signify a huge step forward in Europe's efforts to afford legal protection to its citizens against all forms of discrimination and to create a level playing field for us all.
• Dr Vella Cardona is a practising lawyer and a freelance consultant in EU intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
mariosa@vellacardona.com
Discrimination on the basis of any of these grounds in so far as employment is concerned has been prohibited at EU level for the past nine years. However, EU citizens are to date not afforded legal protection against discrimination in the realms of public services, buying products or making use of commercial services such as banking. The law proposed by the Commission and which has now received the blessing of the afore-mentioned committee has the precise objective of combating discrimination on all fronts, irrespective of whether such discrimination is direct or indirect, or of whether it is based on real or presumed criteria.
MEPs have emphasised that this proposed law ought to be extended to apply as well to access to transport besides the spheres originally identified by the Commission, namely social protection and health care, social benefits, education and access to goods and services, including housing. Indeed, in particular, reasonable efforts at accommodating the needs of the disabled such as providing wheelchair access to buildings must be made, they asserted. A balance, however, must be struck, particularly in the interests of small businesses. The committee thus agreed that any measures adopted must not bring about disproportionate costs or a radical modification of the nature of the goods or services in question.
Transactions between private individuals that are not commercial or professional are to be excluded from anti-discrimination protection, the MEPs maintained. The committee is also of the opinion that the proposed law ought to cover multiple discrimination, that is, discrimination based on two or more grounds, as well as discrimination by association. Furthermore, harassment - that is where unwanted conduct takes place with the effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment - must be considered as a form of discrimination, the committee agreed.
The changes being proposed do not prevent governments from offering positive discrimination or beneficial quotas to groups in society that have historically been marginalised. Indeed, member states may even allow some differences of treatment, such as in access to education provided by religious bodies, provided that these differences are necessary and proportionate and do not in themselves result in a denial of the right to education. Risk factors related to disability and age used in the insurance and banking industries will not be regarded as discrimination if they are shown to be directly determining factors for the assessment of risk. However, such risks must be precisely defined by the service providers.
Age restrictions for certain products such as weapons, beers or the granting of driving licences can still be maintained by the member states. Similarly, certain favourable terms such as reduced or free tariffs for the use of public transport often given by member states to youths and retired persons are there to stay.
The European Parliament is expected to vote on this proposed law in its plenary session at the beginning of April. This proposed directive, if it were to become law, would indeed signify a huge step forward in Europe's efforts to afford legal protection to its citizens against all forms of discrimination and to create a level playing field for us all.
• Dr Vella Cardona is a practising lawyer and a freelance consultant in EU intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
mariosa@vellacardona.com