Explanatory Memorandum to COM(2005)225 - European Year of Equal Opportunities for All (2007) - Towards a Just Society - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)225 - European Year of Equal Opportunities for All (2007) - Towards a Just Society. |
|---|---|
| source | COM(2005)225  |
| date | 01-06-2005 |
In its Communication on "Working together for growth and jobs – a new start for the Lisbon strategy" i, the Commission underlined that 'renewed growth is vital to prosperity, can bring back full employment and is the foundation of social justice and opportunity for all'.
It will be difficult to achieve the ambitious Lisbon strategic objectives if large groups of the EU’s population are excluded from jobs, training and other opportunities. Eliminating discrimination in order to reap the benefits of diversity is an important element in the development of a more competitive and dynamic economy and society. The Commission's Communication on the Social Agenda for the period 2005-2010, emphasised the importance of promoting equal opportunities for all in order to achieve a more cohesive society. It announced the Commission's intention to develop a new framework strategy on non-discrimination and equal opportunities for all (set out in the Communication that accompanies this draft Decision).
One of the major initiatives announced in the Communication is to propose that 2007 be designated European Year of Equal Opportunities for All. The European Year responds to one of the key challenges identified by respondents to the Commission's Green Paper on Equality and non-discrimination in an enlarged EU i. The vast majority of contributions called for further awareness-raising initiatives, in order to challenge discriminatory attitudes and behaviour, as well as informing people about their legal rights and obligations. The global objective of the Year will be to raise awareness of the benefits of a just, cohesive society where there is equality of opportunity for all. This will require tackling barriers to participation in society and promoting a climate in which Europe's diversity is seen as a source of socio-economic vitality.
A considerable body of European legislation has been put in place over the past thirty years in an effort to tackle sex discrimination related to pay, working conditions and social security. Today, promoting equality between women and men is recognised as one of the Community's essential tasks (Article 2 of the EC Treaty). The Community must aim to eliminate inequalities and promote equality between women and men in all its activities (Article 3 i of the EC Treaty).
The adoption of the Amsterdam Treaty in 1997 which introduced a new Article 13 into the EC Treaty, represented a quantum leap forward in the fight against discrimination. On the basis of this Article, the European Community adopted unanimously and in record time a comprehensive package consisting at that time of two Directives i and a Community action programme. The adoption of this package was a demonstration of the European Union's commitment to a society free from discrimination. It also served as a signal to countries outside the EU that the principle of equality and non-discrimination forms part of the bedrock of fundamental rights on which the EU is based. More recently, the Council adopted legislation in relation to gender (Directive 2004/113/EC) implementing the principle of equal treatment between women and men in the access to and supply of goods and services.
2007 will be a significant year for the European legislative framework in the area of anti-discrimination. The extra time accorded to some Member States to transpose both the disability and age provisions of Directive 2000/78/EC will have expired. Thereafter, all individuals, irrespective of their racial or ethnic origin, religion or beliefs, disability, age and sexual orientation, will be entitled to uniform protection against discrimination throughout the EU. In addition, by 31 December 2007, Member States will have to transpose the provisions of the Gender Equality Directive 2004/113/EC into their national legal orders.
An effort is required to ensure that these EU laws, which have the potential to have a huge impact on people in their daily lives, become more widely known and accessible to the public. This will involve promoting better understanding about the harm that discrimination can cause as well as underlining that there is a legal obligation not to discriminate against others.
Despite the enactment of far-reaching EU anti-discrimination and equality legislation, discrimination and inequality continues to be a feature of everyday life in the EU.
Women, who have benefited from legal protection against discrimination for more than 30 years, continue to be paid on average 15% less than men for comparable work. European society continues to fall short of being representative of its diverse populations – most visibly in the decision and policy-making arena. For example, only 23% of parliamentary seats in the EU are currently occupied by women.
Large-scale surveys conducted by the International Labour Organisation in some EU countries have shown that with equal qualifications, personal characteristics such as ethnicity, disability and age have a bearing on the prospects of finding a job.
Other groups continue to experience high levels of exclusion, both in terms of labour market participation and of poverty. Migrants and ethnic minorities living in deprived urban areas often face a double risk of being socially excluded - due to local urban residence and due to their ethnicity. An EU study on 'the situation of Roma in an enlarged Union' i reports that, in countries where data are available, the Roma population experience significant barriers in employment and education.
Europe's population is ageing as a result of the decline in fertility and mortality rates and this will have huge consequences for the labour market. Europe will see its working age population decline by over 20 million during the next 25 years. This development clearly underlines the need for offsetting the demographic effects on labour supply by raising the participation rates of those excluded, for whatever reason, from the labour market.
In many EU countries, international migration and increased mobility have accentuated the trend towards more ethnic, cultural and religious diversity. The emergence of 2nd and 3rd generations of the descendants of migrants may require the development of new policies. The enlargement of the Union has drawn more attention to the situation of Roma people, who constitute the most disadvantaged ethnic minority group in Europe.
Building social cohesion is a key challenge for the Union. This implies allowing all members of Europe's diverse society to realise their potential and to participate fully in economic, social and political life.
Despite progress achieved to date at EU level to eliminate discrimination and promote equal opportunities, there remains much scope for further action. Even the most carefully drafted legislation will prove inadequate if the political will is not there to translate it into long-term action and if it does not enjoy broad popular support.
Building on and learning from the achievements of previous European Years, notably the 1997 European Year Against Racism and most recently the 2003 European Year of People with Disabilities and the pan-European information Campaign "For diversity – against discrimination" i, the European Year of Equal Opportunities for all will provide an opportunity to promote a more cohesive society that celebrates differences within the framework of EU core values, such as gender equality. It will seek to raise awareness of the substantial EU acquis in the field of equality and non-discrimination, as well as stimulating debate, dialogue and exchanges of good practice.
4.2. Specific objectives – Rights – Representation - Recognition –and Respect
4.2.1. Rights – Raising awareness on the right to equality and non-discrimination
There is a need to improve public awareness about EU legislation on equality and non-discrimination. The EU has one of the most advanced legislative frameworks in the world in these areas but there appears to be limited public awareness of the rights and obligations that this legislation confers. The European Year will seek to highlight the message to the public at large that all people, irrespective of their sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation are entitled to equal treatment.
4.2.2. Representation – Stimulating debate on ways to increase the participation in society
Debate and dialogue should be engaged as appropriate to promote greater participation of under-represented groups in all sectors and at all levels of society. Equal opportunities policy is not simply limited to the elimination of discrimination. It also means promoting full and equal participation of all. The disadvantages experienced by some communities e.g the Roma are so wide-scale and embedded in the structure of society that positive action may be necessary to remedy the nature of their exclusion. In this regard, the European Year will seek to highlight the need to promote and develop policies and initiatives to increase the participation of groups that are under-represented in society.
The European Year will aim to raise awareness of the positive contribution that people, irrespective of their sex, racial or ethnic origin, religion or beliefs, disability, age and sexual orientation make to society as a whole. It will seek to engage the wider public in an open debate on what diversity means in today’s Europe and how to create a positive climate in which differences are valued and in particular the right to protection against discrimination is respected. The European Year will acknowledge the diversity of Europe as a source of socio-economic vitality which should be harnessed, valued and enjoyed because it enriches the social fabric of Europe and is an important component of Europe’s economic prosperity.
4.2.4. Respect and tolerance – Promoting a more cohesive society
The European Year will seek to raise awareness about the importance of promoting good relations between the various groups in society, and in particular among young people. It will also seek to bring different people or groups together in an effort to promote and disseminate the values of equal treatment and fight against discrimination. Key to this will be to work on eliminating stereotypes and prejudices.
The European Year will target common barriers and inequalities affecting several communities. It will address the reality of discrimination on multiple grounds. It will ensure that gender issues are mainstreamed in all its related actions. It will seek to encourage the promotion of good relations among different communities, building trust and understanding that will contribute to a more cohesive society.
The European Year will also take account of progress made at national level and the socio-economic and cultural contexts in the participating countries. To this end, the Commission considers it appropriate to decentralise the bulk of activities of the Year to the national level. Activities defined at European level to ensure consistency in the approach can then be adapted to the specificities of each participating country.
The Union can provide a framework for action in support of equal opportunities for all, but, tangible progress can only be achieved through close partnership between the Commission and the participating countries. To that effect, in respect to the actions at the national, regional or local level, the Commission will delegate its budget implementing powers to the relevant national authorities.
To be effective, the EU will seek to engage with a very wide range of stakeholders, inviting them to join an ongoing dialogue about the Year’s priorities and delivery mechanisms. Consequently, the Year will need to reach beyond traditional interest groups on equality/non-discrimination issues, in order to mobilise society at large.
To ensure effective delivery, the Commission services will develop operational guidelines for the implementation of the European Year. The guidelines will be a point of reference for the development of the national policy plans for implementing the European Year that will have to be submitted by the participating countries to the Commission by December 2006 at the latest.. Once approved by the Commission, these plans will condition the delegation of the Community budget implementing powers to the relevant selected national intermediary bodies.
Action on equality is, of course, not the sole responsibility of the national authorities. To be effective in meeting its objectives, the European Year should foster the participation of all stakeholders who can promote equality and non-discrimination e.g social partners, representatives of civil society, etc. It must heighten awareness, mobilise and obtain input and long-term commitment from those stakeholders in order to make them active players for the success of the European Year.
To this effect, participating countries will be requested to:
- designate a national coordination body including representatives of the Government, social partners, targeted communities and other segments of civil society;
- establish a broad partnership with a view to integrating equal opportunities issues into all relevant policy areas, including in the employment and educations sector, the media, and the business and policy-making sectors.
The Commission will ensure that the activities financed during the Year will be complementary to other relevant Communityaction in fields such as the Structural Funds, rural development, education and training, culture, inter-cultural dialogue, youth, citizenship, employment, social affairs and equal opportunities, fundamental rights, immigration and asylum etc. Coordinating mechanisms will therefore be put in place to avoid overlap and to channel support towards promoting the key messages of the Year.
The measures proposed for the European Year of Equal Opportunities for All are designed to add value at European level by raising awareness about European core values (rights to equality and non-discrimination) and by stimulating public debate in the increasing diversity of European society. Given their scale and nature, these are actions which are best – or which can only be – carried out at European level. The proposal therefore conforms to the principle of subsidiarity set out in Article 5 of the Treaty.
The activities envisaged relate to the provision and exchange of information and good practice. There will also be further study in areas where there is a currently a lack of information. The proposal for the Year emphasises how important it is to respect the different traditions and national contexts of the Member States, both to enable flexibility in implementation and to avoid interfering with the good practices which already exist in some Member States. In this way, the proposal also complies with the principle of proportionality.
This proposal for a European Year of Equal Opportunities for All is a direct response to the clear challenge identified in the numerous contributions to the Green Paper on “Equality and Non-Discrimination in an enlarged Union” and to the various external evaluations of Community relevant programmes.
The ex-ante evaluation of the European Year is attached to this proposal for a European Parliament and Council Decision. It has been carried out by the Commission. The results available show the relevance of the support actions proposed in achieving the objectives described above, as well as the value added of Community level action in this area.
Contents
- DETAILED EXPLANATION
- 2. THE RIGHT TO EQUALITY AND TO PROTECTION AGAINST DISCRIMINATION
- 3. RESPONDING TO EMERGING POLICY CHALLENGES
- 3.1. Addressing persistent inequalities
- 3.2. Recognition of the changing nature of European society
- 4. A EUROPEAN YEAR OF EQUAL OPPORTUNITIES FOR ALL
- 4.1. General objectives
- 4.2.3. Recognition - Celebrating and accommodating diversity
- 4.3. Delivering change
- 4.3.1. Working in partnership with the participating countries
- 4.3.2. Working together
- 5. COMPLEMENTARITY
- 6. EU ADDED-VALUE (SUBSIDIARITY AND PROPORTIONALITY)
- 7. EXTERNAL CONSULTATION
- 8. EX-ANTE EVALUATION
- PER ARTICLE
- Article 6 establishes an advisory committee to assist the Commission with decisions about the implementation of the Year
Article 1 designates 2007 as the European Year of Equal Opportunities for All
Article 2 defines the objectives of the Year.
Article 3 presents the content of the actions and refers the reader to the Annex for further details.
Article 4 defines the terms of co-operation and implementation at Community level and sets out how the actions at European level under the Year will be implemented.
Article 5 defines the terms of co-operation and implementation with the Member States and sets out how the actions under the European Year will be implemented.
Article 6 establishes an advisory committee to assist the Commission with decisions about the implementation of the Year
Article 7 lays down the financial arrangements for the actions to be implemented at Community and national levels.
Article 8 sets out the procedure to be applied for the selection of actions at Community and national levels.
Article 9 requires the Commission, in co-operation with the Member States, to ensure consistency and complementarity with other Community actions and initiatives.
Article 10 defines the terms of participation of the participating countries.
Article 11 establishes the budget for the action, in conformity with the Interinstitutional Agreement on Legal Bases. The amount proposed might be revised on the basis of the final agreement on the new financial perspectives 2007-2013.
Article 12 provides that the Commission may co-operate with international organisations.
Article 13 provides the monitoring and evaluation framework to be applied to the European Year.
Article 14 defines the terms of the entry into force of the Decision.