Module 3:
The protected grounds of racial or ethnic origin
This module examines in more detail the protection from discrimination on the grounds of racial or ethnic origin.
An overview of the issues raised in this module is provided by Mr Adam Bodnar which highlights key issues relating discrimination on grounds of race, religion or belief and sexual orientation.
As described in module 1, The Race Directive provides the most comprehensive levels of protection from discrimination of any of the grounds of discrimination, including gender. It prohibits discrimination in employment, vocational training, social protection including social security and healthcare, social advantages, education, and access to and supply of goods and services including housing.
There are two restrictions on its scope of application. Firstly, in relation to access to and supply of goods and services, it only applies to such goods and services that are available to the public. It would not therefore apply to a landlord’s decision to rent their house to a white friend without any public advertisement of that house being for rent. The purpose of this qualification is to further people’s right to privacy in matters that are considered to be within private life. This is consistent with the right to privacy under Article 8 of the European Convention of Human Rights.
Secondly, although the Race Directive applies to nationals of third countries, it does not apply to differences of treatment based on nationality and is without prejudice to provisions governing the entry, residence and employment of third country nationals. This is intended to ensure that Member States retain control of their immigration policies.
Racial or ethnic origin are not defined in the Race Directive but should be interpreted broadly and may include related concepts of national origins, descent, colour, and language.
There has to date only been limited number of preliminary ruling decisions before the Court of Justice of the EU relating to racial or ethnic discrimination.