Racial Equality Directive
Directive 2000/43/EC
European Union directive |
Title |
Council directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin |
---|
Made by |
Council |
---|
Made under |
Art. 13 TEC |
---|
Journal reference |
L180, 22-26 |
---|
History |
---|
Date made |
2000-06-27 |
---|
Came into force |
2000-07-19 |
---|
Implementation date |
2003-07-19 |
---|
Current legislation |
The Racial Equality Directive 2000/43/EC is an Act of the European Union, concerning EU labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic origin. Since the Treaty of Amsterdam came into force in 1999, new EC laws, or Directives, have been enacted in the area of anti-discrimination, and this Directive complements other Directives on gender and age, disability, religion and sexual orientation.
Overview
The principle rules laid down are as follows:
- Implements the principle of equal treatment between people irrespective of racial or ethnic origin.
- Gives protection against discrimination in employment and training, education, social protection (including social security and healthcare), social advantages, membership and involvement in organisations of workers and employers and access to goods and services, including housing.
- Contains definitions of direct and indirect discrimination and harassment and prohibits the instruction to discriminate and victimisation.
- Allows for positive action measures to be taken, in order to ensure full equality in practice.
- Gives victims of discrimination a right to make a complaint through a judicial or administrative procedure, associated with appropriate penalties for those who discriminate.
- Allows for limited exceptions to the principle of equal treatment, for example in cases where a difference in treatment on the ground of race or ethnic origin constitutes a genuine occupational requirement.
- Shares the burden of proof between the complainant and the respondent in civil and administrative cases, so that once an alleged victim establishes facts from which it may be presumed that there has been discrimination, it is for the respondent to prove that there has been no breach of the equal treatment principle.
- Provides for the establishment in each Member State of an organisation to promote equal treatment and provide independent assistance to victims of racial discrimination.
See also
Direct discrimination cases |
---|
| | | Horsey v Dyfed County Council [1982] ICR 755 | | R (EOC) v Birmingham City Council [1989] AC 1155 | | | | | | Smith v Safeway plc [1996] ICR 868 | | Grant v South-West Trains Ltd [1998] ICR 449 (C-249/96) | | Chief Constable of Yorkshire Police v Khan [2001] UKHL 48 | | Shamoon v Royal Ulster Constabulary [2003] UKHL 11 | | Roma Rights Centre v Prague Immigration [2004] UKHL 55 | | | | English v Sanderson Blinds Ltd [2008] EWCA Civ 1421 | | |
|
Indirect discrimination cases |
---|
| | | | | | | | | Rutherford v SS for Trade and Industry [2006] UKHL 19 | | | | | | | | | | | | | | | | Rinner-Kühn v FWW Gebäudereinigung KG (1989) C-171/88 | | Kutz-Bauer v Hansestadt Hamburg (2003) C-187/00 | | Allonby v Accrington & Rossendale College (2004) C-256/01 | | EA 2010 s 14 | | Ministry of Defence v DeBique [2010] IRLR 471 |
|
Sources on justifying discrimination |
---|
| | | | | Johnston v Royal Ulster Constabulary (1986) C-222/84 | | R (Amicus) v SS for Trade and Industry [2004] EWHC 860 | | | | Kreil v Germany (2000) C-285/98 | | | | Tottenham Green Nursery v Marshall (No 2) [1991] ICR 320 | | | | | | | | Rinner-Kühn v FWW Gebäudereinigung KG (1989) C-171/88 | | | | | | Allonby v Accrington & Rossendale College (2004) C-256/01 | | see UK labour law |
|
Notes
References
External links