Brussels, 06/04/2009 (Agence Europe) - In Brussels on Thursday 2 April, the European Parliament adopted the consultative report by Kathalijne Buitenweg (Greens/EFA, Netherlands) on "Equality of treatment between people without distinction on the basis of religion or belief, disability, age or sexual orientation", a report which, according to its author, "touches the very heart of society". In its adoption of this report, the European Parliament is stressing the need to fight multiple discriminations. This directive must now obtain unanimity within the Council. The Member States will then have three years to implement it.
In the view of the MEPs, the directive proposed by the European Commission should: (1) apply to social protection and health care, social advantages, education and access to goods and services, including access to housing; (2) access to transport and health care. However, they take the view that transactions between private persons, which lie outside the scope of professional and commercial activity, should be excluded from its scope of application; (3) cover multiple discriminations, meaning that discrimination has occurred on the basis of two or more reasons, and discriminations by association. The MEPs state that SMEs, for which these rules could represent an excessive burden, should come under a separate regime.
They also note that the directive does not modify the division of competences between the EU and the Member States, and does not affect national legislations on matrimonial, a family law and health. The MEPs add that the Member States remain responsible for the organisation and content of education. Furthermore, the directive: - has no effect on national laws on the separation of church and State and does not cover differences in treatment based on nationality; - does not prevent the Member States from adopting measures to prevent or compensate for disadvantages (such as positive action or quotas) or to allow these measures to be taken by the public, private or associative sectors.
The MEPs also state that: (1) the concept of harassment should be defined in line with national laws in force and in practice in the Member States." Discrimination, for whatever reason, is unacceptable (...). In the event of harassment, we must take account of the fact that this is hostile and humiliating behaviour", stressed the Commission of the Social Affairs, Employment and Equal Opportunities, Vladimir Spidla; (2) access of people living with a disability to social protection, social advantages, healthcare, education, and services should also cover transport, telecommunications, information, financial services, culture and leisure activities; (3) the risk factors linked to disability and age used within the framework of insurance or banking services should not be considered as discriminatory, if they can be seen to be decisive factors in risk assessment. They call on service providers in question precisely to demonstrate these risks.
Again according to the press release, the MEPs stress that differences in treatment on the basis of age may be accepted if they are legitimate, such as for the sales of alcohol or weapons or issuing driving licences. However, young people and people living with a disability should also be able to benefit from more favourable conditions, such as preferential rates for the use of public transport, access to museums or sport. (G.B./trans.fl)