European law will need ‘substantial changes’

By John Pring

Campaigners have criticised proposed new European anti-discrimination laws that they say are “unclear” and miss out areas of vital importance to disabled people.

The draft directive from the European Commission (EC) would provide protection from discrimination on the grounds of disability, age, sexual orientation, religion and belief in areas outside the workplace, which is already protected under EU law.

It would offer protection in social security, healthcare, education, and goods and services that are commercially available to the public, including housing.

The EC’s commissioner for employment, social affairs and equal opportunities, Vladimir Spidia, said: “The right to equal treatment is fundamental, but millions of people in the European Union continue to face discrimination in their everyday lives.

“At present, there is an inequality in community legislation itself because people are protected from discrimination outside the workplace only on grounds of gender and race or ethnic origin.”

The new directive will outlaw direct and indirect discrimination, as well as harassment and victimisation.

European Disability Forum president Yannis Vardakastanis welcomed the “wide scope” of the proposal.

But he said the draft directive was “unclear, too short and introduces significant restrictions of the right to equality for disabled people in several areas, such as education and insurance”.

He said it would create “legal uncertainties” and “room for interpretation”, while some provisions would contravene the UN Convention on the Rights of Persons with Disabilities.

And he criticised the lack of specific provisions in areas such as access to information, transport and accessible election procedures, as well as the lack of a “meaningful consultation”.

Mr Vardakastanis said the draft directive would need “substantial changes” if it was to protect disabled Europeans from discrimination.

The new proposal came as an EU survey revealed that 45 per cent of Europeans believe that disability discrimination is widespread, although more than two-thirds believe it is less widespread than five years ago.