Annual Report Discrimination 2015

Discrimination and the Roma community, 2015

Analysis of the implementation of the non-dis-

crimination directives.

In 2014 the Commission, the Council and the European

Parliament published an important joint report on the

implementation of the two equality directives, the one

on racial or ethnic origin (2000/43) and the one on equal

treatment in employment (2000/78) .

This report provides a comprehensive review of the

different ways Member States have transposed the di-

rective, the role of equality bodies and the progress

made and shortcomings in different states in the sphere

of equal treatment and non-discrimination 14 years after

the approval of the two directives.

The report devotes a specific chapter to the protection

of Roma under the Directive. It indicates that Directive

2000/43 comprehensively addresses all types of dis-

crimination on grounds of racial or ethnic origin Roma,

an especially vulnerable ethnic group, are clearly includ-

ed in the scope of the Directive. It explains that the

Commission has already addressed the problems re-

lated directly to national laws, including cases in which

infringement procedures have been initiated.

However, it also recognises that cases of discrimination

against Roma and their impunity are rarely the direct

result of deficient laws but are rather due to the way

in which those laws are enforced on an everyday ba-

sis. This indicates that the Commission needs to more

closely monitor national practices that affect the en-

forcement of the equal treatment principle in the case

of the Roma community. While individual cases of

discrimination against Roma need to be addressed by

national legislation and through the national courts, the

Commission must see to it that Member States sys-

tematically comply with the Directive in their adminis-

trative practice.

The Commission recognises that legislation alone is not

enough to do away with the deep-rooted social exclu-

sion of Roma and the prejudice that still exists against

them. Legislation must be backed by financial and po-

litical measures. A key element in addressing discrimina-

tion against Roma across the EU was the adoption of a

European framework of National Roma Integration Strat-

egies up to 2020.

This has been analysed by the annual

monitoring commission in charge of following up on the

national strategies implemented by the Member States.

The four key areas of national Roma strategies (educa-

tion, employment, health and housing) are covered by

the Directive. The report recognises that achieving the

goal of complete equality in everyday practice may,

under certain circumstances, justify specific positive

action for Roma, especially in the four key areas just

mentioned.

Also, the Commission has continued to develop legal

protection through its proposal for the Council Recom-

mendation on effective Roma integration measures in

the Member States approved on 9 December 2013. This

promotes a wide range of specific measures in four

areas, along with cross-cutting measures to improve

the situation of Roma. It pays particular attention to the

need to ensure the practical and effective enforcement

of the Directive in the field, especially by encourag-

ing Member States to adopt new measures to be sure

that their national, regional and local regulations are not

discriminatory and do not advocate segregation. The

Recommendation proposes making anti-discriminato-

ry measures more effective and promoting pro-active

measures.

The report concludes by affirming that all Member

States have adopted the measures needed to adapt

the two Directives to their national legal systems and

to establish the procedures and bodies that are vital to

their practical enforcement. The Member States, their

administrative and judicial authorities and their equal-

ity bodies are now better positioned to systemati-

cally provide complete protection for all people. The

European Commission will keep a close watch on the

enforcement of the Directive and will support Member

States in this regard. The Commission will also continue

with its monitoring role in order to be able to draw up

its annual report on the enforcement of the EU Charter

of Fundamental Rights.

The main challenge now is to increase awareness of the

already existing protection and guarantee more practi-

cal enforcement of the Directives. The Commission, in

conjunction with the Member States and their equality

bodies, endeavours to make a coordinated effort to

use the full potential of the Directives to protect the

fundamental right to equal treatment in the EU.

However, the report does recognise that legislation on

its own is not enough to guarantee full equality and must

therefore be combined with appropriate political action.

Funding is available for awareness-raising and training