Danubius International Conferences, 6th International Conference on European Integration - Realities and Perspectives
Multiple Discriminations – between a Contravention Per Se and an Aggravating Circumstances
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Date: 2011-05-13 12:30 PM – 02:00 PM
Last modified: 2011-05-10
Abstract
It is well known that the combating discrimination legislation lies at the level of European Union in three distinct Directives. The three Directives are:Directive 2000/43/EC, Directive 2000/78/EC, Directive 2004/113/EC. The approach of multiple discriminations in the three directives is quite the same: there are no legal provisions regarding combating multiple discriminations.
In spite of a lack of a legal definition of multiple discrimination UE is showing a high interest in dealing with multiple discrimination. Preparatory work of the European Commission for a new Directive prohibiting discrimination on different grounds – commonly referred to as the ‘Horizontal Directive’ – reference is made to ‘the need to tackle multiple discrimination, for example by defining it as discrimination and by providing effective remedies’ (which, however, is considered as going beyond the scope of the directive).
In 2008 EU Justice, Freedom and Security Commissioner, Jacques Barrot, said that the proposal of Horizontal Directive, which would bar discrimination not only on the grounds of disability or age, but also of religion or sexual orientation, will be put forward as early as at the beginning of July 2008. Not much happened since then.
In Romania the legal provisions on combating discrimination lies on a law from 2000. In that law multiple discrimination is seen as an aggravating circumstances as follows, art 2 (6), OG 137/2000: „Any difference, exclusion, restriction or preference based on more than one criteria will be an aggravating circumstances and it will be take into account when trigger contravention liability, unless it falls under the incidence of criminal law”. That means that the Romanian National Council for Combating Discrimination, the specialized authority in the field of discrimination, when judges a case of multiple discrimination must prove not only one, but at least two acts of discrimination and then when fines takes into consideration the aggravating circumstances
Conclusions:
After analyzing various document, European and national we could draw some conclusions:
- there are no legal provisions defining multiple discrimination at the EU level, there are just mentions of it in various legally or politically binding documents. In spite of this lack of legal framework EU shows great concern into this issues, a prove in that sense is the last EU – MIDIS European Union Minorities and Discrimination Survey in 2011, called Data in Focus Report – Multiple Discrimination. Being no legal definition it is difficult to have a common and uniform approach of multiple discrimination at the EU level. After analyzing EU – MIDIS European Union Minorities and Discrimination Survey in 2011 it is also very difficult to discover what is EU approach on multiple discrimination.
- We may find various provisions regarding combating multiple discrimination at national level and those provisions may be more specific in terms of definition or national approach.
Recommendation: To conduct a research at the EU level to analyze the national provisions, if any and then to agree upon what is multiple discrimination: a contravention per se or an aggravating circumstances and to check how many cases where submitted to the national specialized institutions.
In spite of a lack of a legal definition of multiple discrimination UE is showing a high interest in dealing with multiple discrimination. Preparatory work of the European Commission for a new Directive prohibiting discrimination on different grounds – commonly referred to as the ‘Horizontal Directive’ – reference is made to ‘the need to tackle multiple discrimination, for example by defining it as discrimination and by providing effective remedies’ (which, however, is considered as going beyond the scope of the directive).
In 2008 EU Justice, Freedom and Security Commissioner, Jacques Barrot, said that the proposal of Horizontal Directive, which would bar discrimination not only on the grounds of disability or age, but also of religion or sexual orientation, will be put forward as early as at the beginning of July 2008. Not much happened since then.
In Romania the legal provisions on combating discrimination lies on a law from 2000. In that law multiple discrimination is seen as an aggravating circumstances as follows, art 2 (6), OG 137/2000: „Any difference, exclusion, restriction or preference based on more than one criteria will be an aggravating circumstances and it will be take into account when trigger contravention liability, unless it falls under the incidence of criminal law”. That means that the Romanian National Council for Combating Discrimination, the specialized authority in the field of discrimination, when judges a case of multiple discrimination must prove not only one, but at least two acts of discrimination and then when fines takes into consideration the aggravating circumstances
Conclusions:
After analyzing various document, European and national we could draw some conclusions:
- there are no legal provisions defining multiple discrimination at the EU level, there are just mentions of it in various legally or politically binding documents. In spite of this lack of legal framework EU shows great concern into this issues, a prove in that sense is the last EU – MIDIS European Union Minorities and Discrimination Survey in 2011, called Data in Focus Report – Multiple Discrimination. Being no legal definition it is difficult to have a common and uniform approach of multiple discrimination at the EU level. After analyzing EU – MIDIS European Union Minorities and Discrimination Survey in 2011 it is also very difficult to discover what is EU approach on multiple discrimination.
- We may find various provisions regarding combating multiple discrimination at national level and those provisions may be more specific in terms of definition or national approach.
Recommendation: To conduct a research at the EU level to analyze the national provisions, if any and then to agree upon what is multiple discrimination: a contravention per se or an aggravating circumstances and to check how many cases where submitted to the national specialized institutions.
