24 Amendments of Marco CAPPATO related to 2008/0140(CNS)
Amendment 34 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
Amendment 43 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive also covers multiple discriminations, that is where discrimination occurs on the basis of two or more grounds listed in Articles 12 and 13 EC. Effective legal procedures must be available to deal with such situations and national legal procedures shall ensure that a complainant can raise all aspects of a multiple discrimination claim in a single procedure.
Amendment 54 #
Proposal for a directive
Recital 11
Recital 11
Amendment 83 #
Proposal for a directive
Recital 16
Recital 16
Amendment 88 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Discrimination has a negative impact on the economy, as the use of non- economic criteria leads to the exclusion of certain categories of persons, with negative economic and social consequences for everybody. Economic contracts and the choice of contractual partners for an economic transaction shall consequently be balanced with the principle of equality, non-discrimination and the Lisbon objectives.
Amendment 90 #
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 101 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The principle of equality implies that discriminations based on sexual orientation shall be prohibited in Member States, notably as regards national laws on marital, family and civil status, including sexual and reproductive health and rights.
Amendment 102 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) As also held by the Court of Justice, in the exercise of their competences in the fields of marital, family and civil status, Member States must comply with Community law and, in particular, with the provisions relating to the principle of equality and non-discrimination.
Amendment 103 #
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17c) This Directive will also contribute to the full application of the fundamental right to freedom of movement, conferred upon Union citizens and their families by the Treaty, and the lifting of discriminatory obstacles related to differences in national laws on the basis of marital, family and civil status and the consequent absence of mutual recognition.
Amendment 104 #
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. Member States may also allow or prohibit the wearing or display of religious symbols at school.
Amendment 114 #
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 prejudiright to freedom of religion and belief is a fundamental right that shall be fully guaranteed in the EU and in Member States, and this Directive reinforces 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 organisationsprotection against discriminations based on grounds of religion and belief by individuals, churches and non-confessional organisations, in application of the principle of equality. 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 170 #
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 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 182 #
Proposal for a directive
Article 2 – paragraph 8
Article 2 – paragraph 8
Amendment 188 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Within the limits of the powers conferred upon the Community, and in application of the general principle of equality, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, including in relation to:
Amendment 191 #
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.- any other field of EU and Community competence, including implementation by Member States of EU laws and policies
Amendment 206 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. This Directive applies also in relation to national laws on marital, family and civil status and sexual and reproductive health and rights.
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. This Directive applies also to the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education, as well as in relation to differences in treatment in access to educational institutions based on religion or belief.
Amendment 229 #
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 men and women. It is equally without prejudice to national legislation promoting equality between men and women. The status and activities of churches and other organisations based on religion or belief is covered by the directive.
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. This Directive does not covercovers also the application of asylum and immigration laws by the EU and the Member States, such as 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 309 #
Proposal for a directive
Article 12 – paragraph 2 – indent 2
Article 12 – paragraph 2 – indent 2
- monitoring and conducting independent surveys concerning discrimination, including on the application of anti- discrimination law,
Amendment 310 #
Proposal for a directive
Article 12 – paragraph 2 – indent 3 a (new)
Article 12 – paragraph 2 – indent 3 a (new)
- cooperating and exchanging information with the Fundamental Rights Agency and with other corresponding European bodies.
Amendment 312 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall consider the possibility to integrate bodies dealing with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts, notably Directives 2000/43/EC and 2004/113/EC, and with the promotion of equal treatment, into a single body or Agency.