2008-0140-Discrimination-ST06596.EN10

RO proposal

Changes in relation to doc. 6092/10 are indicated as follows: additions are in bold and deletions are marked […]

Art. 2 (1)

For the purposes of this Directive, discrimination includes:

(a)     direct discrimination;

(b)     indirect discrimination;

(c)     harassment;

(d)     instruction to discriminate […];

(e)     denial of reasonable accommodation for persons with disabilities;

(f)      direct discrimination or harassment due to a person’s association with others […].

Art. 2 (3)

An instruction to discriminate against persons on any of the grounds referred to in Article 1 shall be deemed to be discrimination within the meaning of paragraph 1.

Art. 2 (4)

Direct discrimination or harassment due to a person’s association with persons of a certain religion or belief, persons with disabilities, persons of a given age, or of persons of a certain sexual orientation shall be deemed to be discrimination within the meaning of paragraph 1.

Explanatory Statement

“Instruction to discriminate” and “discrimination by association” although listed in Art. 2 (1) are not comprised in Art. 2 (2) and defined in a similar manner with the concept of direct- indirect discrimination, harassment or denial or reasonable accommodation.

The introduction phrase used in all cases [Art.2 (2) a-d] “shall be taken to occur” would be difficult to apply to both concepts (instruction to discriminate and discrimination by association). Since the amendment proposed by the Presidency in Art.2 (1) has the nature of a list of the forms of discrimination covered by the Directive, the concepts mentioned in letters d and f should follow a similar wording as in letters a-c and e. Subsequently, we suggest the mentioned deletion in Art. 2 (1) letter d and f.

In all relevant Directives[1] “instruction to discriminate” is regulated by the wording “shall be deemed to be discrimination”. Therefore we suggest an analogous approach within a new paragraph of Art. 2. (See addition in bold).

Similarly, we suggest a new paragraph for Art. 2 regulating “discrimination by association” following the text proposed by the Presidency (Art. 2 (1) letter f) with the use of the wording “shall be deemed to be discrimination” (See addition in bold).

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