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Czech Republic: Disagreements on New Anti-Discrimination Directive Proposal
[ 7.2.2009, Gender Studies, o.p.s.
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On Thursday, November 30, 2008, a roundtable discussion on the anti-discrimination legislation in the Czech Republic and in the E.U. took place in the European House in Prague. The goal of the discussion was to initiate debate among experts on the new anti-discrimination directive proposal, and to develop a conversation on combating discrimination on all grounds. A debate among experts is the first step to a larger public debate.
European Commission Introduced a New Anti-discrimination Directive.
On July 2, 2008, the European Commission adopted a proposal for a directive that provides protection from discrimination on grounds of age, disability, sexual orientation and religion or belief, with the aim to institute policies on equal treatment in areas other than the workplace in all member states.
All persons in the public and private sectors, including public entities, are protected against discrimination in the areas of:
a) social protection including social security and health care,
b) social benefits,
c) education,
d) access to and supply of goods and services which are available to the public, including housing.
The Czech Republic does not fulfil the requirements of all the existing directives but the Anti-Discrimination Act, in the form that both chambers of the Parliament passed in 2008, does essentially meet the requirements of all the directives valid up-to-date. Overruling the President’s final veto of the Act [and passing the Act] would mean that the Czech Republic’s anti-discrimination legislation would cover all the areas it is supposed to cover including those proposed in the new E.U. directive.
The Czech Government’s Position on the Anti-Discrimination Directive
The Czech The Ministry of Labour and Social Affairs had drawn up the government’s official position and the Minister’s Deputy Michal Sedlacek introduced the government's view of this directive in the following words:
"The Czech Republic deems the proposed directive on protection from discrimination on grounds of age, disability, sexual orientation and religion or belief beyond the workplace an unnecessary piece of legislation. High standards of protection from discrimination are already secured on both the state and international levels. Protection against discrimination should be a job of the national governments of the member states, [as this is an issue of] national traditions and social consensus."
The standpoint of the Office of the Government as the institution entrusted with the development of the anti-discrimination directive, was originally rather different however. Originally, the Office's position was open and positive:
"The Czech Republic welcomes the proposed directive on protection against discrimination on grounds of age, disability, sexual orientation and religion or belief beyond the workplace. The country views the directive positively and is interested in clarifying any potential questions regarding the text and its interpretation so that it can be correctly and easily applied in the legislation of the member states."
The Deputy of the Minister for Human Rights and Minorities said that the official position approved by the government obliges everyone who represents the Czech Republic at the Commission’s negotiations about the text of the directive, to follow its spirit, the Office of the Government staff included. She added however, that she views the government’s approach as problematic in the larger context:
"The Czech Republic is the only country that has not fully implemented the [EU] anti-discrimination directives. The European Court of Justice is expected to sentence the Czech Republic for breaking the treaty in the area of discrimination in one of the five proceedings on the matter as soon as in December this year. One wonders how long is [the government’s] approach sustainable, and whether the time has come to replace this pose with an open and straightforward discussion [on anti-discrimination legislation]. [Such a discussion] would certainly befit a country coming up for EU Presidency.”
Support for the Anti-Discrimination Directive
Gender Studies believes the anti-discrimination directive should be passed. “Measures supporting equal opportunities are important from others than just the economic point of view. [They are] important from the human rights perspective and they are a critical part of the European society. Anti-discrimination measures secure freedom of choice and the right to a full life to people disadvantaged on the grounds of their age, health, sex, ethnic background, etc. The new anti-discrimination directive is based on the experience of individuals and organizations that represent the interests of people discriminated against, which deal with discrimination issues on a daily basis," says Linda Sokačová, Gender Studies Director.
Martina Štěpánková, a lawyer in the Counselling Centre for Citizenship, Civil and Human Rights, adds:
“The new anti-discrimination directive will set the minimum standards for protection against discrimination in all the [member] states, which would be difficult to achieve otherwise. [The directive] leads to a unification of the extent of protection against discrimination on various grounds. Currently, people are best protected against discrimination on racial grounds and next on the grounds of sex, while protection against discrimination on the grounds of disability, age, religion or sexual orientation reaches E.U. standards only in the area of the labour law.”
Jarmila Balážová of ROMEA reminded everyone that the NGO Petition Supporting the Anti-Discrimination Act was signed by 61 non-profit organizations and supported by individual people such as Helena Třeštíková, among others.
The Roundtable Discussion was held by Gender Studies and supported by the Heinrich- Böll-Stiftung, Open Society Fund and the European Commission Representative in the Czech Republic. Media support by ROMEA.
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