The race equality directive : a shadow report. Lessons learnt from the implementation in nine EU member states

Abstract

The Open Society Foundations (OSF) have produced this report on the implementation of the Race Equality Directive (Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment in between persons irrespective of racial or ethnic origin, hereinafter: RED) to assist the European Commission with its review of this legislation. The report identifies trends in the challenges facing the countries examined, examples of successful or problematic implementation, and recommendations for improving effective implementation. Specific challenges to implementation are grouped under four headings: the lack of disaggregated data needed to implement parts of this legislation and evaluate its effectiveness; the unclear identification of proxy categories that can be used to detect discrimination on the ground of racial and ethnic origin; problems that impede effective access to and use of judicial (individual or collective) redress against discrimination; and hindrances to alternative forms of individual (or collective) redress, through the equality bodies (EBs). Part of the recommendations listed below may be applied, mutatis mutandis, to the implementation of the Framework Employment Directive 2000/78/EC.