Anti-discrimination

Results for all 28 MIPEX II countries

See: Anti-discrimination Rankings 

The best case

This is a composite of the best policy practices from the MIPEX normative framework of high European standards. Each of these practices was found, as of 1st March 2007, in at least one of the 28 countries. 

Anti-discrimination law helps guarantee equal opportunities in economic, social and public life for all members of society, including a migrant and her descendents. The law punishes a wide range of actors who discriminate against a migrant in many ways because of her ethnic origin, race, religion or nationality, among other grounds. The law applies these definitions to the many fields of life where she participates in her community. The state helps her to seek justice through strong enforcement mechanisms. Protection from victimisation empowers her to bring forward a case, without fear of reprisals in her job, school, etc. The court can choose the most appropriate of a wide range of sanctions, such as financial compensation or negative and positive measures to stop further discrimination. Equality bodies have a robust legal standing to help all victims. The state takes up its responsibility to lead public dialogue and systematically promote equality in its functions.


The worst case
This is a composite of the worst policy practices that MIPEX found, as of 1st March 2007, in at least one of the 28 countries.

Perpetrators are free to deny employment, housing, health, welfare, and educational opportunities to a migrant based on his race/ethnicity, religion/belief or nationality. He is left exposed to public incitements to violence, hatred or discrimination and public insults and threats. Because the definitions in the law are weakly enforced, a migrant is discouraged from bringing forward his case. He has limited access to procedures, with no access to legal aid or assistance from NGOs (legal entities with a legitimate interest in defending equality). Equality bodies cannot conduct independent investigations or help victims of religious or nationality discrimination. He also cannot rely on the state to actively combat discrimination.


OBSERVATIONS
The legal definitions of discrimination and the mechanisms to enforce them are slightly favourable across the EU-25. A wide range of actors are punished for discriminating against migrants based on their race or ethnic origin. For Europe to move towards best practice, religious and nationality discrimination would have to be fully covered. NGOs generally cannot bring forward a case without a specific victim. Victims are usually protected against victimisation yet they can be discouraged by procedures that last over a year. Countries diverge greatly on fields of application and equality policies. States tend not to mainstream equality into their functions. 


MIPEX normative framework

  • Directive implementing the principle of equal treatment between persons irrespective of Racial or Ethnic origin, 2000/43 of 29 June 2000
  • Directive establishing a general framework for equal treatment in employment and occupation, 2000/78 of 27 November 2000.
  • Starting Line Group, Proposals for legislative measures to combat racism and to promote equal rights in the European Union, (Brussels, 1998).
  • Bell, Mark, Chopin, Isabelle, and Palmer, Fiona, Developing Anti-Discrimination Law in Europe: the 25 EU Member States compared, (European Commission; Brussels, 2006).
© Copyrights | 2023 | integrationindex.eu Home | About RSS | Privacy | Links | Disclaimer | Feedback | Contacts