Discrimination Act 2005 – the strategy to promote equality and non-discrimination in the EU

Part I of the European Commission’s annual report “Equality and non-discrimination” (November 2006) summarizes the developments in anti-discrimination legislation and presents the current developments in each of the 25 Member States. It takes a look at how the individual’s rights to equal treatment laid down in EU law can be protected and enforced. This part also explains several of the legislation’s key concepts and includes case studies revealing how they are applied in practice.

The Racial Equality Directive (Directive 2000/43) and the Employment Equality Directive (Directive 2000/78) adopted in 2000 in order to ensure a minimum standard of protection in these areas for all EU Member States do not prevent Member States from providing greater protection against discrimination than that required by the Directives. Consequently, in June 2005, the European Commission set out its new framework strategy as part of a concerted effort to promote equality and non-discrimination in the EU. While a great deal of progress has been made in recent years, discrimination still remains a fact of life for many people in European society. This strategy is designed to ensure that discrimination is effectively tackled, diversity is celebrated and equal opportunities for all are promoted.

Discrimination Act 2005 is being implemented in stages, starting from 30 June 2005. It includes a positive duty on public bodies to promote equal opportunities for disabled people which comes into effect on 4 December 2006. Measures included or provided for in this Act will

extend protection against discrimination beyond the Directives to cover discrimination on the basis of religious belief and sexual orientation in relation to goods and services, education, and

other facilities and these are expected to come into effect later this year. The Act also establishes a Commission for Equality and Human Rights (CEHR) which will become the equality body for all grounds when it begins its operation in October 2007.

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