Directive 2000/43/EC aims to combat discrimination on the grounds of racial or ethnic origin.
The directive lays down minimum requirements for implementing the principle of equal treatment between persons in the European Union (EU). By discouraging discrimination, it should help to increase participation in economic and social life and reduce social exclusion.
Amending Directive (EU) 2024/1499 introduces minimum requirements for equality bodies, including those operating in the field of equal treatment between persons irrespective of their racial or ethnic origin.
KEY POINTS
This directive is based on the principle of equal treatment between persons. It forbids both direct1 and indirect2 discrimination, harassment3, instructions to discriminate and victimisation4.
The directive applies to all people and to all sectors of activity, regarding:
access to employment;
working conditions, including promotions, pay and dismissals;
access to vocational training;
involvement in workers’ or employers’ organisations, and in any professional organisation;
education;
access to social protection and to healthcare;
social advantages;
access to and the supply of goods and services available to the public, including housing.
The directive applies to non-EU nationals but does not cover difference of treatment based on nationality or the conditions of entry and residence for citizens from non-EU countries.
Derogations from the principle of equal treatment
In the field of employment, a derogation may be authorised where race or ethnic origin constitutes a genuine professional requirement. This derogation must be justifiable by the nature of the activity and the conditions under which it is exercised. It must be legitimate and proportionate.
The directive allows positive action, namely national measures aimed at preventing or compensating for disadvantages connected with race or ethnic origin.
Remedies and enforcement
Anyone who believes themselves to be a victim of discrimination on the grounds of racial or ethnic origin must have access to judicial and/or administrative proceedings. Associations or other interested legal persons may also undertake proceedings either on behalf of or in support of the complainant.
The victim of discrimination only needs to establish a presumption of discrimination, after which it is for the respondent to prove that there has been no discrimination.
Social dialogue and civil dialogue
The social partners ensure the promotion of equal treatment, specifically by monitoring practices in the workplace, producing codes of conduct and concluding collective agreements. More generally, the directive encourages the conclusion of agreements establishing non-discrimination rules in the fields that fall within the scope of collective bargaining.
Amending Directive (EU) 2024/1499 clarifies the role of bodies designated at the national level to promote equal treatment and combat discrimination (equality bodies). It lays down minimum requirements that EU Member States must implement with regard to the role and operation of these bodies, including how they should assist victims after receiving their complaint. These bodies must:
be independent in terms of their legal structure, accountability, budget, staffing and organisational matters;
be provided with sufficient resources to carry out all their tasks and to exercise their responsibilities effectively;
be able to investigate possible cases of discrimination and either issue a non-binding opinion or adopt a binding decision;
be regularly consulted by government and other public institutions on legislation and policies with equality and non-discrimination aspects;
collect data on their own activities;
plan and publicly report on their work and on the state of equal treatment and non-discrimination on a regular basis.
Under amending Directive (EU) 2024/1499, Member States must also:
introduce rules allowing for the possibility of the out-of-court settlement of disputes;
ensure that equality bodies have the right to act in civil and administrative law matters concerning the implementation of the principle of equal treatment;
ensure that equality bodies provide their services at no cost to complainants throughout their territory, including in rural and remote areas;
require equality bodies to guarantee accessibility and provide reasonable accommodations for individuals with disabilities regarding all their services and activities.
The recommendation replaces a previous one adopted in 2013.
FROM WHEN DO THE RULES APPLY?
Directive 2000/43/EC had to be transposed into national law by .
Amending Directive (EU) 2024/1499 has to be transposed into national law by . The rules introduced in the amending directive should apply from the same date.
BACKGROUND
Combating discrimination and respecting the rights of persons belonging to minorities are fundamental principles of the EU, laid down in Articles 2 and 3 of the Treaty on European Union. Article 19 of the Treaty on the Functioning of the European Union provides the EU with a legal basis to combat all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Direct discrimination. Where one person is treated less favourably than another is, has been or would be treated in a comparable situation on the grounds of racial or ethnic origin.
Indirect discrimination. Where an apparently neutral rule, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that rule, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Harassment. When unwanted conduct related to racial or ethnic origin 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.
Victimisation. Unjust or cruel treatment of someone who complains of discrimination or who assists someone else in a complaint of discrimination.
MAIN DOCUMENT
Council Directive 2000/43/EC of implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, , pp. 22–26).
RELATED DOCUMENTS
Council Directive (EU) 2024/1499 of on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, ).
Council Recommendation of on Roma equality, inclusion and participation 2021/C 93/01 (OJ C 93, , pp. 1–14).
Communication from the Commission to the European Parliament and the Council – A Union of Equality: EU Roma strategic framework for equality, inclusion and participation (COM(2020) 620 final, ).
Consolidated version of the Treaty on European Union – Title I – Common provisions – Article 2 (OJ C 202, , p. 17).
Consolidated version of the Treaty on European Union – Title I – Common provisions – Article 3 (ex Article 2 TEU) (OJ C 202, , p. 17).
Consolidated version of the Treaty on the Functioning of the European Union – Part Two – Non-discrimination and citizenship of the Union – Article 19 (ex Article 13 TEC) (OJ C 202, , p. 56).