57 Amendments of Claude MORAES related to 2008/0140(CNS)
Amendment 31 #
Proposal for a directive
Recital 2
Recital 2
(2) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the UN Convention on the Rights of the child, the UN Convention on the Rights of Persons with Disabilities, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, to which [all] Member States are signatories. In particular, the UN Convention on the Rights of Persons with Disabilities includes the denial of reasonable accommodation in its definition of discrimination.
Amendment 33 #
Proposal for a directive
Recital 2
Recital 2
(2) The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the UN Convention on the Rights of Persons with Disabilities, article 14 and Optional Protocol 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, to which [all] Member States are signatories. In particular, the UN Convention on the Rights of Persons with Disabilities includes the denial of reasonable accommodation in its definition of discrimination.
Amendment 37 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 20 provides everyone is equal before the law; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 40 #
Proposal for a directive
Recital 4
Recital 4
(4) The European Years of Persons with Disabilities in 2003, of Equal Opportunities for All in 2007, and of Intercultural Dialogue in 2008 have highlighted the persistence of discrimination but also the need to promote the benefits of diversity.
Amendment 41 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Discrimination based on religion or belief, disability, age, or sexual orientation may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and of social protection, the raising of the standard of living and quality of life, economic and social cohesion and solidarity. It may also undermine the objective of developing the European Union as an area of freedom, security and justice.
Amendment 42 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Effective legal procedures must be available to deal with situations of multiple discrimination that is where discrimination occurs on two or more grounds listed in Articles 12 and 13 EC. In particular national legal procedures shall ensure that a complainant can raise all aspects of a multiple discrimination claim in a single procedure.
Amendment 49 #
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 52 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In this Directive, goods should be taken to be those within the meaning of the provisions of the Treaty establishing the European Community relating to the free movement of goods. Services should be taken to be those within the meaning of article 50 of the Treaty.
Amendment 56 #
Proposal for a directive
Recital 12
Recital 12
(12) Discrimination, including multiple discrimination, is understood to include direct and indirect discrimination, harassment, instructions to discriminate and, denial of reasonable accommodation, discrimination based on assumptions and discrimination by association.
Amendment 58 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 64 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through "design for all" and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access.
Amendment 67 #
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientationAs discrimination can occur on multiple grounds, in implementing the principle of equal treatment, the Community should, in accordance with Articles 3(2) and 13 of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of relating to sex, race or ethnic origin, disability, sexual orientation, religion or belief, or age, or a combination of these, and to promote equality, whatever combination of the above mentioned characteristics. When implementing the provisions of this Directive, Member States should take into account multiple discrimination.
Amendment 75 #
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk, and where the service provider can demonstrate higher risk by actuarial, statistical or other bona fide evidence upon which it is reasonable to rely. Any data used must be reliable, regularly updated and available to the public.
Amendment 76 #
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk, and where the service provider can fully demonstrate significantly higher risks, by recent relevant and accurate statistical or actuarial data.
Amendment 80 #
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk.
Amendment 82 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The award of contracts concluded in the Member States on behalf of the State, regional or local authorities and other bodies governed by public law entities, is subject to the respect of the principles of the Treaty and in particular to the principle of freedom of movement of goods, the principle of freedom of establishment and the principle of freedom to provide services and to the principles deriving therefrom, such as the principle of equal treatment, the principle of non discrimination, the principle of mutual recognition, the principle of proportionality and the principle of transparency. Legal requirements on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts having been laid down by the Directive 2004/18/EC, so that the award of contracts concluded in the Member States on behalf of the State, regional or local authorities and other bodies governed by public law entities, is subject to the respect of the principles of the EC Treaty and in particular to the principle of equal treatment irrespective of sex, race or ethnic origin, disability, sexual orientation, religion or belief or age and the principle of non discrimination. However, for public contracts above a certain value, provisions of Community coordination of national procedures for the award of such contracts have been drawn up so as to guarantee the opening- up of public procurement to competition. Member States should interpret these coordinating provisions in accordance with the principles of equal treatment irrespective of sex, race or ethnic origin, disability, sexual orientation, religion or belief or age and other rules of the Treaty.
Amendment 85 #
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activityIt is important, in the context of the access to and provision of goods and services, to respect the protection of private and family life and transactions carried out in this context.
Amendment 94 #
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status, including on reproductive rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 107 #
Proposal for a directive
Recital 18
Recital 18
(18) Member Sstates are responsible for the organisation and content of education. The CommHowever, the provission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those ws of this Directive shall apply to private education as it is a service. With respecial educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at schoolt to public education, non discrimination provisions shall apply to the extent of EU competence as set out in the Treaty of Rome.
Amendment 108 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are, being responsible for the organisation and content of education, should ensure effective protection against discrimination on the ground of religion or belief, disability, age or sexual orientation in the field of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions basedthe exercise of their discretion, in the area of equal treatment in education, on grounds onf religion orand belief., Member States may also allow or prohibit the wearing or display of religious symbols at schoolust ensure that this does not lead to a denial of the right to education nor to discrimination on any other ground.
Amendment 109 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provideNotwithstanding the right to education, Member States may allow for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 111 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. , provided that alternative systems are put in place and are geographically accessible to prevent indirect discrimination. Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 113 #
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 115 #
Proposal for a directive
Recital 19
Recital 19
(19) Prohibiting discrimination is an important part for the respect of fundamental rights and freedom including the protection of private and family life, the freedom of religion, and the freedom of association. The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burdenThe directive respects the ability of Member States to use national legislation to ensure the secular nature of the state. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 117 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden.
Amendment 128 #
Proposal for a directive
Article 1
Article 1
1. This Directive lays down a framework for combating discrimination, including multiple discrimination, on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation. 2. Multiple discrimination occurs when discrimination is (a) on any combination of the grounds of religion or belief, disability, age, or sexual orientation, or (b) any one or more of the grounds set out in Article 1(1), and also on the ground of any one or more of (i) sex (in so far as the matter complained of is within the material scope of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services as well as this Directive), (ii) racial or ethnic origin (in so far as the matter complained of is within the material scope of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin as well as this Directive), or iii) nationality (in so far as the matter complained of is within the scope of Article 12 EC). 3. In this Directive multiple discrimination and multiple grounds shall be construed accordingly.
Amendment 129 #
Proposal for a directive
Article 1
Article 1
1. This Directive lays down a framework for combating discrimination, including multiple discrimination, on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation. 2. Multiple discrimination occurs when discrimination is (a) on any combination of the grounds of religion or belief, disability, age, or sexual orientation, or (b) any one or more of the grounds set out in Article 1(1), and also on the ground of any one or more of (i) sex (in so far as the matter complained of is within the material scope of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services as well as this Directive), (ii) racial or ethnic origin (in so far as the matter complained of is within the material scope of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin as well as this Directive), or 3. In this Directive multiple discrimination and multiple grounds shall be construed accordingly.
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. HNotwithstanding the freedom of speech, harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Denial of reasonable accommodation in a particular case as provided for by Article 4 (1)(b) of the present Directive as regards persons with disabilities, or persons who associate with a person with a disability, where accommodation is needed to enable such person to provide personal assistance to a person with a disability, shall be deemed to be discrimination within the meaning of paragraph 1.
Amendment 169 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or servicesortionate and necessary.
Amendment 172 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or services.
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical data and the difference in treatment is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. The Member States concerned shall inform the Commission and ensure that accurate data relevant to the use of age and disability as a determining factor are compiled, published and regularly updated. These Member States shall review their decision five years after the deadline for the transposition of the Directive, taking into account the Commission report [on the transposition of the directive] and shall forward the results of this review to the Commission.
Amendment 175 #
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a key factor in the assessment of risk based on relevant and accurate actuarial or statistical dataand where the service provider can demonstrate higher risk by actuarial, statistical data or other bona fide evidence upon which it is reasonable to rely. Any data used must be reliable, regularly updated and available to the public.
Amendment 183 #
Proposal for a directive
Article 2 – paragraph 8
Article 2 – paragraph 8
Amendment 194 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 195 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 205 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Member States may provide for differences in treatmentMember States shall ensure that, in determining which form of education or training is appropriate, the views of the person with a disability are respected. Where the person is a child or adult who is unable to represent himself, the views of their parents, guardians or designated advocates will be considered as a significant factor. Member States may provide for necessary and proportionate differences in treatment based on a person's religion or belief in access to educational institutions whose ethos is based on religion or belief where this is necessary to protect religious ethos of the educational institution and does not lead to a violation of the right to education - or discrimination on any other ground.
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Notwithstanding the right to education, Member States may provideallow for differences in treatment in access to educational institutions based on religion or belief when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudice to national legislation ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or beliefand belief where this falls outside the competence of the EU. Where the activities of churches or other organisations based on religion and belief fall within EU competence, they will be subject to the EU’s non discrimination provisions. It is equally without prejudice to national legislation promoting equality between men and women.
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudice to national legislation ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and activities of churches and other organisations based on religion or belief. It is equally without prejudice to national legislation promoting equality between menales and womenfemales.
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. This Directive does not cover differences of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third-country nationals and stateless persons in the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.
Amendment 242 #
Proposal for a directive
Article 4 – title
Article 4 – title
Equal treatment of persons withn grounds of disabilities disabilities
Amendment 245 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives thereto.
Amendment 246 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport,elecommunication, information, including information in accessible formats, financial services, culture and leisure, buildings open to the public, transport modes and other public spaces and facilities shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ors to nature of the goods or services in question or the nature of the trade, profession or business in question. An alteration is fundamental if it so alters the goods andor services in question or require the provision of alternatives theretoor the nature of the trade, profession or business, to the extent that the provider of the goods or services is effectively providing a completely different kind of goods or services.
Amendment 259 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 268 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 271 #
Proposal for a directive
Article 5
Article 5
With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures or from allowing these measures to be taken by the public, private or voluntary sector to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation.
Amendment 276 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. In order to ensure equal and effective rights of access and participation in judicial and/or administrative procedures, such procedures shall be organised and conducted in a manner which is accessible to all persons with disabilities.
Amendment 281 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that associations, organisations or other legal entities, which have a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or are empowered to engage, in their approvalown name, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive, including on behalf of, or in support of, any victim.
Amendment 294 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
9a. Member States shall actively promote equality between persons irrespective of religion or belief, disability, age or sexual orientation when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.
Amendment 298 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent and adequately funded body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. Member States shall ensure that the body or bodies have competence in the fields covered by this Directive and the fields of employment and occupation under Directive 2000/78/EC. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 301 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent functioning body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, includingthe rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 306 #
Proposal for a directive
Article 12 – paragraph 2 – indent 1
Article 12 – paragraph 2 – indent 1
- without prejudice to the right of victims and of associations, organizations or other legal entities referred to in Article 7(2), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination, including engaging in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive, including on behalf of, or in support of, any victim.
Amendment 324 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In order to take account of particular conditions, Member States may, if necessary, establish that the obligacomply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of article 4.1(a), Member States may, if necessary, have an additional period of 10 years [from the deadline for transposition] to provide effective access as set out in Article 4 has to bcomply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive complianced with by … [at the latest] four [years after adoption]. the requirements found in article 4.1(a), including targets, means and timeline. Any Member States wishinghich chooses to use this additional period shall informreport annually to the Commission aton the latest by the date set down in paragraph 1 giving reasonssteps taken to provide effective non- discriminatory access and on the progress towards implementation of article 4(1)(a). The Commission shall report annually to the Council.
Amendment 327 #
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The European Commission shall propose a new directive in which all of the separate directives based on article 13 EC will be assembled by .... at the latest [2 years after adoption]. In this new directive all grounds for discrimination will enjoy the same level of protection.