Fight against discrimination through ESIF

Valentina Caimi, Social Platform

ESIF Structured dialogue – 17 November 2015

Outline • Who is Social Platform

• Fight against discrimination in EU Treaties

• Relevant provisions in CPR for anti-discrimination

• Breakdown of ESF I.P. on anti-discrimination

• Discrimination on the basis of sexual orientation

• Discrimination on the basis of religion, race or ethnic origin

• Discrimination on the basis of age – focus on youth

• Conclusions and recommendations

Who is Social Platform Largest civil society alliance fighting for social justice and

participatory democracy in Europe (48 pan-European networks

of NGOs representing +/- 2900 organisations in ms)

Many thanks to our members

Fight against discrimination in EU Treaties

Art. 10 TFEU- Six grounds of discrimination:

Sex

Racial or ethnic origin

Religion or belief

Disability

Age

Sexual orientation.

Art. 19 TFEU: legal basis for policy and legislative initiatives

Art. 21 Charter Fundamental Rights EU: more grounds

Fight against discrimination in CPR

Art. 7

Fight against discrimination is one of the horizontal principles

6 grounds of discrimination enshrined in art. 10 TFEU

Art. 9 – Thematic objectives

No. 9: promoting social inclusion, combating poverty and any discrimination

Art. 19 + Annex XI Ex-ante conditionalities

Relevant ex-ante conditionalities

T.O. Fund Ex-ante conditionalities

8 ESF

ERDF

8.6 strategic policy framework for promoting youth employment, including from marginalised communities or at risk of exclusion

9 ESF

ERDF

Existence of national strategic policy framework for:

9.1 poverty reduction

9.2 Roma inclusion

9.3 health

General ex-ante conditionality no. 1 CPR

Ex-ante conditionality Criteria for fulfilment

Existence of administrative capacity for the implementation and application of Union anti-discrimination law and policy in the field of ESI Funds

Arrangements for the involvement of equality bodies, including provision of advice

Arrangements for training of authorities’ staff

Role of partners

Art. 5, 15 – Partnership Agreements (PAs) + Code of conduct

PAs SHALL include relevant bodies representing civil society, including NGOs and bodies responsible for non-discrimination

Involvement in:

Preparation of PAs and of progress reports

Throughout the preparation and implementation of programmes, including in Monitoring Committees

The application of horizontal principles

Summary of assessment of fulfillment of ex-ante conditionalities

Role of partners

Art. 3-4 Code of conduct

For PAs and for each programme, Member states SHALL identify the relevant partners among …

Bodies working in the areas related to the application of horizontal principles

Other organisations or groups considered to be at risk of discrimination and social exclusion.

Art. 6: Partners shall be involved in the preparation of PAs, including concerning the implementation of the horizontal principles

Art. 10: Rules of membership of monitoring committee shall aim to promote non-discrimination

ESF investment priority on anti-discrimination

Thematic objective 9 “social inclusion”

Investment priority 9.3:

0,6 € billion = 0,7% ESF

I.P. included in the OPs of 11 ms:

BE, CY, CZ, DE, ES, FR, EL, IE, PL, PT and SK.

ESF – Example of BELGIUM

OP Bruxelles-Capitale: raising awareness and combating all forms of discrimination by the means of diversity labels and social clauses for employers

OP Flanders: 20% will support social inclusion, equality and anti-poverty projects. Social and work integration of the most at-risk groups, such as Roma.

OP Wallonia: 38% for the social and professional integration of the most deprived to decrease the effects of stigmatisation linked to poverty, poor educational attainment, ethnic origin or sexual identity.

ESF – Example of PORTUGAL

OP Social Inclusion:

active inclusion measures, promoting equal opportunities, and providing better access to services for disadvantaged groups.

OP Human Capital:

reducing early school leaving rates by 10%;

improving access for marginalised groups to good quality education at pre-school, primary and secondary levels,

reducing their risk of social exclusion.

ESF – Example of SPAIN

OP Social Inclusion and social economy:

3 pillars: active inclusion approaches; strengthening social economy; integrated policy approaches and use of ESF and ERDF

Specific programme targeting groups most at risk of discrimination (including women, single parents and young people, Roma and other ethnic minorities, migrants, prisoners and ex-offenders, men and women with disabilities)

awareness raising actions among employers and the general public.

Social housing - Examples

Priorities of energy efficiency and social inclusion are relevant for social housing.

SK: social inclusion and technical facilities with marginalised Roma communities

EE: reducing by 15% the rate of people at risk of poverty by 2020 and improving access to welfare services and social infrastructures

CZ: Integrated regional OP supports the inclusion of marginalised communities, including Roma, through social housing and the set-up of mobile health-care teams

FI: 1/5 OP Entrepreneurship and skills supports fight against discrimination alongside employment goals

Sexual orientation

ILGA-Europe rainbow map

0

20

40

60

80

100

LV LT PL RO SL CZ IE HU DE FR DK NL SW BE

National legal and policy human rights situation of LGBTI people in EU

Sexual orientation

Some EU ms haven’t addressed LGBT people needs in:

Consultations on Ops

Setting investment priorities

Not even in measures proposed to address equal opportunities as a horizontal principle

Partnership Agreements

Sexual orientation - Hungary

In Hungary discrimination against LGBT people is higher than that of Roma people (source: ELTE Faculty of Social Science).

LGBTI civil society organisations not involved in the development of the Human Resources Development OP of HU

No invitation to strategic planning meetings

No to expert workshops

No to partnership consultation

No in the frame of consultation of CSO by PROGRESS National Anti-Discrimination WG

Only opportunity: internet form open to all

Sexual orientation - Hungary

The Hungarian Human Resources Development OP claims to promote equal opportunities on the grounds of sexual orientation.

No single reference to LGBT people in the document.

The chapter on equal opportunities contains a non-exhaustive but detailed list of disadvantaged groups:

no mention of LGBT people.

Religion, race or ethnic origin – trends

and figures in the EU

ANTI-SEMITISM

01020304050607080

anti-semitismhas increased

afraid ofbeing verbally

harassed

afraid ofbeing

physicallyattacked

Jews feel that over past 5 years

ISLAMOPHOBIA

Source: FRA

After Jan Paris attacks rise in Islamophobic

incidents in FR, UK, IT and DE

Muslim women experience the most severe labour

market discrimination AT, BE, BG, CZ, HR, FI, FR, DE,

EL, IT, LT, LU, NL, PL, ES, and UK).

Source: ENAR

Religion, race or ethnic origin – trends and

figures in the EU

33% Sub-Saharan Africans

victims of at least one racially

motivated crime

High discriminatio

n in education & employment

In UK and MT 50%

unemployment rates for

African descendants

AFROPHOBIA ANTI-GYPSYISM

46% Roma felt discriminated against

because of ethnic origin

4% of non-Roma had this

feeling

Source: EU Minorities

and Discrimination surveys

Religion, race or ethnic origin

Ex-ante conditionality on Roma inclusion strategies:

Only BG has given a new deadline (until end 2016) to fulfil the criteria

ENAR’s members have not been involved in PAs

Age – young people

The most discrimination is suffered in :

shops

supermarkets

(22,8%)

cinema, theatre or clubs (24%)

restaurants, cafés or pubs (24,9%)

Healthcare (26,6%)

search for accommodation (29,2%)

search for jobs (50,5%)

Education (53,8%)

Source: YFJ survey on multiple discrimination affecting young people

Age – young people

Ex-ante conditionality:

4 countries still do not have a youth strategy

CY, DK, LV and MT

Involvement in PAs:

Most National Youth Councils haven’t been involved in PAs

Only 8 out of 22 involved in the Youth Guarantee (good practices: HR and SI)

Conclusions and recommendations

The lack of involvement of NGOs fighting for equality in PAs and Monitoring Committees is problematic

Some NGOs fighting for equality do not work on ESIF; need to engage them

Crucial role of the Commission in monitoring the implementation of ESIF and detecting cases of infringement of fundamental rights

Need to provide expert advice on the issue of discrimination based on the different grounds

Need to take into account this in MFF review

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Valentina Caimi

Policy and Advocacy Adviser

valentina.caimi@socialplatform.org

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Twitter: @social_platform

@valecaimi

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