Go to Top

Inventory of Existing National Measures Combating Discrimination outside Employment and their Impact

Of the anti-discrimination directives, the Racial Equality Directive offers better protection outside the employment field as it also covers social protection including social security and healthcare, social advantages, education, provision of and access to goods and services including housing. The Directive granting protection on the basis of religion or belief, age, sexual orientation and disability is limited to the employment field.

In an Inventory prepared for the Commission, MPG explored to what extent this European difference was reflected in national situations. The analysis investigated what it would take to bring protection against discrimination on all grounds to the same level as protection for race and ethnicity. It was undertaken against the backdrop of the European Year of Equal Opportunities for All, during which such an expansion was debated.

In this detailed snap-shot of current anti-discrimination policies and assessment of their impact, the Inventory of Existing National Measures Combating Discrimination outside Employment and their Impact, took a two-fold approach:

Strand 1

The purpose of strand 1 of this report, published by hec and MPG, is to set out in brief form the law across the EU Member States, Bulgaria and Romania relating to discrimination on grounds of sex, sexual orientation, disability, religion and belief and age (the “relevant grounds”), to the extent that such discrimination falls outside the current scope of EC law. The report is drawn up on the basis of detailed reports in respect of each of the countries surveyed, and a further five (“comparator”) countries: Australia, Canada, New Zealand, South Africa and the United States of America. Much of the report focuses on the law of the existing and prospective EU Member states but occasional reference is made to the comparator countries.

Strand 2

The purpose of strand 2 of this report, also published by hec and MPG, is to provide the European Commission with independent and authoritative information on the application and impact of existing national measures combating discrimination in fields and on the grounds where there is no Community legislation. In other words, this study analyses the conclusion of impact assessments of national anti-discrimination law on the grounds of gender, age, religion and belief, disability, and sexual orientation in fields outside employment, such as education, healthcare, access to goods and supply of services, social services and advantages, social protection. This report aims to produce an overview and comparison of existing impact assessments of antidiscrimination legislation. It considers:

  • the methodologies of impact assessments used in the field of anti-discrimination
  • the impact which anti-discrimination legislation has had in various jurisdictions. The report further provides a summary of the conclusions reached by the selected impact assessment studies.