New grounds for anti-discrimination
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Abstract: This article argues that new legislation implementing the Framework Employment Directive prohibiting discrimination on grounds of religion, belief or sexual orientation will make no impact on employers’ practices and behaviour, unless they are underpinned by enforcement mechanisms similar to those provided under the current anti-discrimination law. In this regard, the article explores the existing framework for enforcement of anti-discrimination law by existing equality bodies in the UK and in Germany and supports the proposals for the establishment of single Equality Commissions in both countries. The article states that the issues of enforcing the new grounds of anti-discrimination should be addressed before the new Commissions come into existence. 1. INTRODUCTION 1.1. Development in EC Law The European legislature has used its powers under the provisions of the Amsterdam Treaty signed in 1997 to take a major new step in anti-discrimination law. The recent European Directive 2000/78/EC in employment prohibits discrimination on five new grounds, namely religion, belief, disability, sexual orientation and age. Directive 2000/43/EC prohibits discrimination based on racial or ethnic origin in a wide range of fields such as employment, education, the provision of goods and services and social protection. A previous Directive 76/207/EC was modernised by this new directive. Altogether there are now eight grounds of anti-discrimination, six of which refer only to employment law, and two of which refer also to the provision of goods and services. More : accessmylibrary.com |