36521. Renewed Non-discrimination and Equality Promises for National Minorities in Europe
- Author:
- Liefke Dolmans and Elisabeth Kühn
- Publication Date:
- 11-2013
- Content Type:
- Working Paper
- Institution:
- European Centre for Minority Issues
- Abstract:
- One of the founding principles of the European Union is the recognition that every individual is of equal value. On top of this, the 2000 Race Directive reaffirms the principle of equal treatment between persons irrespective of racial or ethnic origin. Discrimination and inequality are nevertheless still major problems for vulnerable ethnic and national minorities in Europe, as the results of the most recent EU MIDI-survey describes. Bearing in mind the principle of equality, it is not surprising that two new equality concepts arrived at the Council of Europe and EU level in the last years: 'The new commitment to equality and non-discrimination' and 'full and effective equality.' In a communication Note from July 2008, the European Commission expressed its desire for this 'renewed commitment to non-discrimination and equal opportunity,' which proposes a shift from formal equality to a more substantive equality approach. In this paper, we will consider whether this statement is an exemplary expression of an assumed development in the EU, namely that of broadening and strengthening equality and non-discrimination legislation and, furthermore, whether a possible development from formal to substantive equality is also effectively taking place. We analysed whether this trend is only visible in the European Commission or also present within other players in the non-discrimination and equality field. We then sought to understand whether this trend is visible in theory as well as practice. This paper furthermore analyzes whether this trend enlarges the protection scope against discrimination for national minorities, or if this equality manifestation truly supports national minorities to be recognized as equals with the majority.
- Topic:
- Human Rights, Governance, Law, and Minorities
- Political Geography:
- Europe