Equinet Legal Working Group

1. Equinet Legal Working Group Discrimination on the basis of race/ethnic origin 9 November 2016 01

2. Discrimination on basis of race and ethnic origin 2 Equinet Legal Working Group Jayne Hardwick Email: jayne.hardwick@equalityhumanrights.com

3. Discrimination on basis of race and ethnic origin 03 Overview • Legal framework • Prevalence of discrimination • Discrimination against Roma people • Multiple discrimination • Legal Challenges • Good Practices • Concluding thoughts

4. Discrimination on basis of race and ethnic origin 04 Legal framework • Race Directive 2000 • Convention on the Elimination of all forms of Racial Discrimination • European Convention on HR, Art 14 • Treaty on the Functioning of the European Union, Art 18 • Charter on Fundamental Human Rights, Art 21

5. Discrimination on basis of race and ethnic origin 05 Prevalence of discrimination: discrimination, hate speech and hate crime • Race discrimination: • ‘complaints reached a new peak’; • ‘greatest number of complaints’; • ‘over representation of incidents of race discrimination’; • ‘growth of intolerance’ • Hate speech: • 18 out of 20 NEBs report more aggressive discourse around migrant and refugee issues • ‘increasingly hostile public discourse’; • ‘trivialisation of hate and racist speech’; • ‘racist remarks commonplace’; • Hate crime: • UK Home Office statistics showed an increase of 18% in the number of hate crimes; • other NEBs reported hate crime as a problem, including against Roma.

6. Discrimination on basis of race and ethnic origin 06 Prevalence of Discrimination (2): Media/Politicians • Negative media portrayal of asylum seekers: • ‘public sentiment more and more hostile [partly]due to media’; • ‘long standing concerns about negative media portrayal of asylum seekers and the influence this has on the public perceptions’; • “Negative perceptions of refugees and racial and ethnic minorities have increased because of mass media…” . • Negative political discourse: • “publicdiscourse is hostile to racial and ethnic minorities” • “sentiment hostile to racial and ethnic minorities [partly] due to … political speeches” • “referendum campaign was marked by divisive, anti-immigrant and xenophobic rhetoric, and that many politicians and prominent political figures not only failed to condemn it, but also created and entrenched prejudices, thereby emboldening individuals to carry out acts of intimidation and hate towards ethnic or ethno-religious minority communities and people who are visibly different”

7. 07 Prevalence of discrimination: (3) State action

8. Discrimination on basis of race and ethnic origin 08 Discrimination against Roma people: housing Evictions: • short notice of evictions • failure to consult adequately • intractable negotiations • punitive measures • failure to consider onward housing provision • impact on children • mainstream hostility to sites Denial of tenancy agreements/social housing • Estate agents’ refusal to let • Roma offered substandard/inadequate social housing for needs

9. Discrimination on Basis of Race and Ethnic Origin 09 Multiple discrimination Challenges in evaluating and tackling intersectional and multiple discrimination: • Lack research/evidence • Under reporting • No protection at EU level – giving rise to uneven protection Commonly observed forms of multiple discrimination: • most commonly observed forms: race and sex, often further mixed with religion or belief • dress issues for women and girls • stereotypes/assumptions made about women of some nationalities • discriminatory identity checks due to ethnic origin/gender • education, employment context, access to services, swimming pools, clubs and discos

10. Discrimination on basis of race and ethnic origin 10 Legal challenges, obstacles and tools • Legal challenges: • Legal persons • Positive action • Burden of proof • Obstacles • awareness • expense • evidence • Tools • situation testing • investigations with powers to require disclosure • class actions, strategic litigation, interventions, judicial review • fines

11. Discrimination on basis of race and ethnic origin 11 Good Practices • Complaint handling • Access to legal fees • Online support/mediation • Open days • Regional offices • Targeted Services • Training • Tailored for public and private sectors • For media professionals • Awareness raising • websites, social media, video game • lectures, educational programmes, school award, moot court • online support for cases • Research • Roma issues • General aspects of discrimination eg under reporting; attitudes/behaviours • Co-operation with stakeholders • Engagement with government • Public and private sectors • Minority groups

12. Discrimination on basis of race and ethnic origin 12 Concluding Thoughts • Deteriorating situation: • Particularly for migrants and refugees • Governments/media exacerbated racial tensions • Increase in complaints of discrimination, hate speech, hate crimes, divisions in society, acceptance of racism • Intersectional discrimination • Legal framework • National, regional and local authorities need to find sustainable solutions • Equality Bodies: • have an important role to play in tackling the issues identified. • However, they need to be independent, adequately resourced and empowered to do so.

13. Thank you 13