Free Law Dissertations - Examine The Effectiveness Of Uk And European Legislation In Terms Of
Examine the Effectiveness of UK and European Legislation in terms of dealing with Discrimination in the Public Services and Society in General.
Introduction
9/11 exposed a deep rift of hatred that exists among the followers of extreme, fundamentalist Islam towards the western world. Our society must however observe the acute difference between these terrorist supporting radicals and true followers of the Islamic faith, yet it is professed that despite this distinction campaign, law abiding followers of Islam do suffer discrimination and intimidation.
Are anti-discrimination laws effective enough to enforce a state of social cohesion? This piece will explore the European and UK laws currently in place for groups in society that are vulnerable to discrimination and will assess whether they are effective enough.
Part One Existing EU Laws
1.The Treaties
Article 12 of the EU Treaty outlaws discrimination on the basis of nationality, Article 13(1) outlaws discrimination based on sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation. Article 39 ensures that there is freedom of movement for workers and finally, Article 141 ensures that both genders receive equal pay for equal value work.
Upon reading the provisions of the EC Treaty, the most apparent observation is that these form the base elements of anti-discrimination legislation. The role of the Treaty therefore merely states the policies of the EU. The more detailed rationale for enforcement is provided for in the derivative EU Directives.
2.The Directives
In total there are seven main anti-discrimination directives which, in relation to sex discrimination, are the Equal Pay Directive, the Equal Treatment Directive, the Social Security Directives, the Pregnant Workers Directive and the Burden of Proof Directive. Further to these the Racial Equality Directive regulates discrimination on grounds of ethnic or national origin and the Employment Equality Directive regulates discrimination on grounds of religion or belief, sexual orientation, disability and, as of December 2006 in the UK, age in relation to employment.
It could be regarded as a serious limitation of anti-discrimination law that the first five of the stated EU Directives regulate discrimination between men and women only, thereby having nothing to do with the regulation of discrimination of any other group. Further to this all but one of the directives regulates discrimination in the field of employment alone and social security between the sexes. The one exception from the seven EU directives is that of the Racial Equality Directive, which applies to discrimination in a wider field of instances that include education, goods and services, housing, social security and social advantage.
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