Guide to Equality and the Policies, Institutions and Programmes of the European Union Guide to Equality and the Policies, Institutions and Programmes of the European Union By Brian Harvey This document was commissioned by the Equality Authority and the views expressed herein are those of the author and do not necessarily represent those of the Equality Authority. Preface The European Union has played a valuable role in stimulating and shaping equality strategies in Ireland over the past three decades.The majority of key equality initiatives in Ireland can trace their origins to European Union directives, European case law or European Union action programmes. This influence continues to the present moment. However, innovation and ambition in our new equality legislation – the Employment Equality Act, 1998 and the Equal Status Act, 2000 – and our related equality institutions have changed this situation to one of mutual influencing. Europe now looks to the Irish experience of implementing a multi- ground equality agenda for learning. This publication provides an introductory briefing on approaches to equality at the level of the European Union – focusing on policy, institutions and funding programmes. It seeks to resource those who are engaging with the challenge to shape European Union policy and programmes in relation to equality. It aims to assist those addressing the impact of European Union policy and programmes on Ireland or to draw benefit from this influence. It is a unique document in bringing an integrated nine-ground equality focus to policy and programmes at European Union level.We are grateful to Brian Harvey for this work in drawing all this material together in this format.We are also grateful to Jenny Bulbulia B.L. for her assistance. The Equality Authority has sought to engage with developments at a European Union level.We are active participants on the European Union Advisory Committee on Equality Between Women and Men.We currently hold the chair of this Committee and have contributed to opinions on the employment strategy, on the European Social Inclusion Process and on a new gender equality directive. We have developed strong links with the European Union Monitoring Centre on Racism,Anti-Semitism and Xenophobia. In partnership with the National Consultative Committee on Racism and Interculturalism we currently act as the national focal point for the Centre in Ireland.We are playing a role in developing a network of independent specialised bodies across the European Union. The Equality Authority has also worked to shape the impact of European Union policy and programmes in Ireland.We have developed proposals on the incorporation of the European Union Equality Directives into Irish equality legislation.We play a role on the monitoring committees for the operational programmes of the National Development Plan and we are responsible for an Equality Studies Unit within the Employment and Human Resources Development Operational Programme.We are playing a role in supporting mainstreaming of policy and practice learning from Irish projects funded under the EQUAL Community Initiative. We have sought to support the equality focus in the Irish National Action Plans on employment and on social inclusion.We are also contributing to the European Year for People with Disabilities. Such wide-ranging work provides evidence of the importance of the European Union to our mandate under equality legislation. It is this that has encouraged us to make this publication widely available. The European Union is at a moment of change.A convention on the future of Europe is currently debating the nature of this change. Enlargement will be a significant influence on this change. Our hope and ambition is that equality in all its dimensions will continue at the centre of any such change. Niall Crowley Chief Executive Equality Authority Contents Introduction 3 Section 1 Policy 1.1 General introduction 4 1.2 Expansion of social and judicial policy competence 5 1.3 Specific policies 8 1.3.1 Policies with multi-ground relevance 9 1.3.2 Gender 12 1.3.2.1 Equality for women under law 12 1.2.2.2 Broader policies to promote equality for women 16 1.3.2.3 Mainstreaming 17 1.2.2.4 Transgender issues 19 1.3.3 Equality for people with disabilities 20 1.3.4 Equality for older people 22 1.3.5 Racism and equality for minority ethnic groups 24 1.3.6 Marital and family status 25 1.3.7 Sexual orientation 26 1.3.8 Discrimination on grounds of religion or belief 28 Section 2 Institutions and Agencies 29 2.1 Institutions 29 2.2 The non-governmental sector 39 2.3 The decision-making process 43 Section 3 Programmes 46 3.1 Structural funds 47 3.2 Internal operations 50 Section 4 Information Sources 55 4.1 Introductory remarks 55 4.2 Sources of information 56 Section 5 Directory 5.1 Directory 62 Introduction • page 3 Guide to Equality and the Policies, Institutions and Programmes of the European Union Introduction This guide: • Outlines current policies on equality and discrimination issues in the European Union (EU). • Identifies the principal agencies, institutions and monitoring bodies involved. • Outlines the main funding programmes concerned with equality and discrimination. • Locates the principal information sources on equality and discrimination issues. It covers the nine grounds of responsibility of the Equality Authority, namely: gender, family status, marital status, sexual orientation, religion, age, disability, race and membership of the Traveller community.The Equality Authority is the state body established under the Employment Equality Act, 1998 with responsibility to promote equality of opportunity and to combat discrimination in the workplace rights across the nine grounds. Its mandate was broadened beyond employment to include goods, services, facilities, accommodation, educational institutions and registered clubs with the introduction of the Equal Status Act in 2000.The general objective of this document will be to assist the Equality Authority and those involved in work on equality and discrimination issues with information on the broader picture of promoting equality and combating discrimination in the European Union. This guide is divided into the following sections: policy (1); institutions and agencies (2); programmes (3); information sources (4); a directory of contacts (5). It should be stressed that this is an outline, scoping exercise and has its limits.Additional sources of information, including websites, are proposed which readers should consult in more detail. It should therefore be seen as an introduction. page 4 • Policy 1 Policy 1.1 General introduction The level of European policy development in the nine grounds of the Equality Authority’s responsibility varies considerably. In some areas, for example gender, there is a long history of European Union Treaties, policy, action and case law. In others, for example sexual orientation, there is very little such development. Some areas of European Union policy development are quite recent, for example combating racism. Part of the explanation lies in the question of competence. Although there is a public perception that the European Union addresses all public policy issues and political matters, in reality the European Union may only address matters of concern permitted to it by the European treaties.The European Union may not develop policies, appoint officials, or propose action programmes in areas of competence not specifically permitted in the treaties. Unless the European Union has a specific, named, authorized competence in a given area listed under the treaties, the matter is a responsibility of the member states. For example, the original work of the European Union was in the area of economic cooperation (the European Economic Community).As such its policies were confined to those involved in the economic process, the workforce, excluding those who lay outside it.1 Policy competence is defined under the Treaty of Rome and subsequent amendments to that treaty. Of the areas of responsibility of the Equality Authority, gender is the longest standing policy competence of the European Union, dating back to the original treaty. Likewise, this competence initially dealt only with equality between men and women in the workforce, not outside it. An equality rights perspective or a model of protection from discrimination has been slow to come in the European Union.The emergence of such a model may be traced to the late 1980s, when the Community charter of fundamental social rights of workers, acknowledging problems of discrimination within the Union, was adopted (1989).This identified the right of men and women to be treated equally, but made reference, for the first time at this level, to the rights of older people and people with disabilities.The charter affirmed the right of every worker, on retirement, to resources necessary to provide a decent standard of living and the right of people with disabilities to concrete measures to improve their social and professional integration.The principal breakthrough took place in 1997, when article 13 of the Treaty of Amsterdam stated: Without prejudice to the other provisions of this treaty and within the limits of the powers conferred on it by the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion, belief, disability, age or sexual orientation. 1 The term ‘European Union’ will be used here, even though the term ‘European Community’ was used from 1957 (and continues in some use). Policy • page 5 Article 13 was a significant step forward in European equality law. It identifies a broad- based equality principle and an inclusive vision of equality, rather than the narrow focus of gender discrimination, aiming at eradicating discrimination within the European Union on a broad range of grounds. This article, while comprehensive in its definition, was limited insofar as it was enabling rather than mandatory.The Union may take action, but is not obliged to.