Europe's Equality Pledge in Peril: Can a Landmark Anti-Discrimination Law Be Saved?

A long-stalled EU proposal to broaden anti-discrimination protections faces withdrawal, prompting urgent calls to salvage its vital principles amidst rising inequality.

https://www.socialeurope.eu/europes-equality-pledge-in-peril-can-a-landmark-anti-discrimination-law-be-saved



The future of a significant European Commission proposal, first tabled in 2008, aimed at ensuring equal treatment for individuals regardless of religion or belief, disability, age, or sexual orientation, appears bleak. The Commission now deems the necessary unanimous support within the Council of Ministers unattainable. Consequently, its work programme for 2025 includes the Directive among the pending legislative proposals slated for withdrawal by July. This development sends a concerning signal at a time when diversity, equality, and integration are facing significant pressures, suggesting an abandonment of efforts that arguably require renewed vigour. The moment is ripe to explore avenues for preserving the core tenets of what is widely known as the Equal Treatment Directive.

The Directive’s Foundational Importance

The primary strength of the proposed Directive lies in its ambition to extend legal safeguards against discrimination based on religion or belief, disability, age, or sexual orientation beyond the currently protected areas of employment and related fields like vocational training. The principle of equal treatment would thus be applied to social protection, encompassing social security and healthcare, social advantages, education, and access to and provision of goods and services available to the public, including housing. This would apply across both the public and private sectors. The adoption of the Equal Treatment Directive would align the EU’s legal protection against discrimination based on religion or belief, disability, age, or sexual orientation with the existing robust protections against discrimination based on racial or ethnic origin. Indeed, there is no justifiable reason for this disparity to persist.

Seventeen years since its inception, the proposal remains as relevant as ever. The most recent Eurobarometer survey on the subject, published in 2023, revealed a widespread perception of discrimination within the EU based on (trans)gender identity (57 percent), sexual orientation (54 percent), disability (49 percent), intersex identity (47 percent), age (45 percent), and religion or belief (42 percent). Alarmingly, 21 percent of respondents reported personally experiencing discrimination or harassment in the preceding year, marking a four percentage point increase since 2019.

This regrettable situation spurred both the Portuguese and Belgian Council Presidencies (in the first half of 2021 and 2024, respectively) to dedicate considerable effort to achieving a consensus. However, a small number of member states continue to reject any reasonable compromise. Germany has been a prominent and consistent opponent. Since 2008, it has maintained a steadfast, though never publicly justified, opposition to the text, irrespective of the governing coalition in Berlin. Support for this opaque and conservative stance has shifted from Poland (under the previous Law and Justice government) to Czechia and Italy currently. Their main concerns appear to revolve around the potential adaptation costs for businesses in ensuring accessibility for disabled individuals and issues of subsidiarity.

Exploring the Options.................

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