Overview of the European Union Article 13 Equal Treatment Directive:
-deadline for consultation responses: 28 July 2009
In July 2008, the European Commission, under the French Presidency, published its proposal for an anti-discrimination directive covering goods and services in the four grounds not already covered by EU law. These are age, sexual orientation, religion or belief and disability. The passage of the directive continued through the Czech Presidency. The Swedish Presidency commenced in July 2009.
The UK's Equality and Human Rights Commission (EHRC) made strong representations to bodies such as Equinet, the Brussels-based membership body that represents equality bodies across the EU, that the directive should cover all four grounds, and not just disability as some states had proposed.
The objective of the directive is to ensure equal treatment across the above four strands in the areas of social protection, including social security and health care; education; and access to and supply of goods and services which are commercially available to the public, including housing and transport. This applies to both public authorities and private sector bodies providing goods and services.
The UK already has anti-discrimination legislation covering goods and services apart from on age. So for the most part, the UK already complies with the directive.
However an area where the directive would expand UK protections is in relation to harassment on the grounds of sexual orientation or religion or belief.
Adherents of religion or belief should be aware that the current proposals would apply not just to perceived direct discrimination, but indirect discrimination.
In the case of harassment, an offended party would be able to bring legal action against a perceived offending party. The level of damages would be unlimited. The burden of proof would shift to the perceived offending party to prove that the alleged offended party had not been genuinely offended.
The intention is for legal certainty to be ensured for economic operators and potential victims across Member States. But the directive as it stands carries the potential to also generate a significant chilling effect.
The directive, if passed, would have to be transposed in all 27 European Union member states. Before that it has to be unanimously agreed upon in the Council of Ministers by the same states. Removal of a clause from the directive would again require unanimous agreement from all EU member states.
Her Majesty's Government is currently reviewing its own anti-discrimination legislation through the Equality Bill process, and is consequently looking at incorporating related aspects of the directive into the Bill.
HMG believes it should support the directive stating that it “not only entrenches and adds another layer of protection to rights already secured in the UK but it also expands protection in some distinct areas.” It goes on to say “the directive also builds a level playing field across the EU, meaning that citizens can enjoy the same minimum standards of protection in all 27 member states.”
Feedback from the associated consultation process can influence HMG's responses when forming its negotiating position on the different articles of the directive, and provide a useful range of perspectives for the Council of Ministers. In this respect, the volume of responses is also important. The deadline for these is 28 July 2009.
The consultation document can be found on the website of the Government
The EHRC is the body which will be submitting the UK's response based on the above consultation. Two of the routes via which you can feed relevant comments to the EHRC are through their website: http://www.equalityhumanrights.com/
It is not necessary to answer all of the government’s questions, and it is also not necessary to confine responses just to the questions the government is asking.
Information Sources:
General Background: “Q & A: EU Equal Treatment Directive Explained” -published by The Equality and Human Rights Commission
HMG states its support of the directive in its consultation document: “the Government believes that the Directive can contribute to a fairer and therefore stronger Europe through consistent minimum protection across all Member States.”
Potential impact on adherents of religion or belief: Professor William Wagner, The Thomas M. Cooley Law School, Michigan, in association with Christian Concern for Our Nation -speaking in relation to how this may impact Bible believing Christians at CCFON's first anniversary event at Regent Hall in Oxford Street, London on July 15 2009.
Further information:
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