Equal rights, not same rights: for equal opportunities

On 26 September 2013, the Committee on Employment and Social Affairs will hold a vote on EU anti-discrimination legislation.

MEPs are considering an evaluation of a Directive, adopted in 2000, on equal treatment in employment and occupation (Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation), which aims to combat both direct and indirect discrimination and also covers the following four important areas in terms of the world of work:

• conditions of access to employed or self-employed activities, including promotion;
• vocational training;
• employment and working conditions (including pay and dismissals);
• membership of and involvement in an organisation of employers or workers or any other organisation whose members carry out a particular profession.

It is important to bear in mind that these principles apply to the public sector and the private sector as well as for paid and unpaid work.

Equal rights = same rights?

The new own-initiative report by Ádám Kósa, the first EPP Group Rapporteur on the implementation of the most important piece of anti-discrimination legislation in effect in terms of employment and occupation, will be adopted weeks before the European Commission publishes its five-year evaluation of the implementation of the directive. The European Parliament will look to balance the views of institutions, Member States, organised groups and other stakeholders. It is clear, he stresses, that society is not able to provide the same rights to all different groups, only equal rights.

Since the Council Directive was adopted in 2000, the world has changed a lot - we are just starting to get over a financial crisis. However, some misunderstandings still remain. It is a common misconception that promoting anti-discrimination policies is the preserve of left-wing or liberal parties. Ádám Kósa, the first deaf MEP, strongly denies this. He underlines that anti-discrimination is crucial to sustainability and fairer competition in an inclusive society.

According to studies and trend watchers, older people, those discriminated against due to their race and LGBT (lesbian, gay, bisexual and transgender) people tend to be more in the public eye, while disabled people, mothers with children and people with firm beliefs or religion seem to be a bit forgotten. Kósa believes that making distinctions between individuals or even groups does not automatically mean you are discriminating at all. In his report, he cites as references many relevant decisions of the Court of Justice of the European Union that support the view that equal rights doesn't mean the same rights. Rather equal opportunities.

Distinguishing between equal rights, equal opportunities and blanket protection

Ádám Kósa thinks that equal rights and equal opportunities should not be confused, and that the grounds for anti-discrimination legislation must be carefully chosen to take into account the needs and interests of all individuals, groups and even society as a whole, for a more sustainable development and better public budgets. As regards the grounds for anti-discrimination policies, evidence and logic clearly dictates that, in contrast to the left-wing approach, not all personal characteristics should be protected since there are characteristics like a lack of skill in the workplace, amongst others, which do not deserve any further and exclusive protection by the law.

What are the priorities of the EPP Group?

What challenges are we facing? In a nutshell, a demographic crisis is slowly building but will be dramatic very soon.

Women with children who would like to work or older people who want to remain in the labour market longer - groups whose situation resembles that of the disabled in many respects - should also be protected and supported, maybe more than any other group, Kósa believes. Society must acknowledge the efforts of those who want to contribute more to easing the demographic crisis and to diminishing long-term unemployment trends, as well as the burdens on public spending and pension systems.