The Race Directive: A New Dimension in the Fight against Ethnic Discrimination in Europe †

Toggenburg, Gabriel N.

doi:10.1163/221161102x00095

Cited by 19 publications

(2 citation statements)

References 1 publication

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“…The concept of 'minority protection' hovers between the prohibition of discrimination on the basis of ethnic origin, race or nationality as the minimum standard, on the one hand, and the preservation and promotion of the separate identity of minority groups, on the other. The EU's directives of 2000 ('equal treatment directive' and 'race equality directive') link the two poles of 'minority protection' (Toggenburg, 2001;De Witte, 2004). The directives apply to both public and private actors and include scope for positive action.…”

Section: The Security-rights Nexus and The Eumentioning

confidence: 99%

Securitization or Securing Rights? Exploring the Conceptual Foundations of Policies towards Minorities and Migrants in Europe*

Sasse

2005

JCMS: J Common Market Studies

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Minority and migration issues tend to be framed either in terms of security and control or rights. Rather than lamenting the securitization of these issues in the academic and policy debate and advocating a focus on rights as an alternative, this article calls for the re-conceptualization in terms of a 'security-rights nexus'. It is argued here that minority and migration issues and their conceptual interlock have a clear security dimension, but that these concerns are best addressed through rights-based policies. Through an analysis of the policy approaches of the Organization for Security and Cooperation in Europe (OSCE) and the EU, this article traces two related dimensions of the 'security-rights nexus', namely the increasing linkages between policies towards minorities and migrants and between security and rights. Both institutions' emphasis on 'integration' in minority and migration policies reflects the two interrelated dimensions of the 'security-rights' nexus.

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Section: The Security-rights Nexus and The Eumentioning

confidence: 99%

Securitization or Securing Rights? Exploring the Conceptual Foundations of Policies towards Minorities and Migrants in Europe*

Sasse

2005

JCMS: J Common Market Studies

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“…In particular, and as regards Community equality law, we may highlight the Council Directive 2000/43 implementing the principle of equal treatment of all persons irrespective of racial or ethnic origin (so-called "Race Directive", June 2000), which offers a European legal framework of protection against all forms of discrimination based on these grounds, both in public and private sectors, including public bodies, and in relation to a very broad category of societal dimensions such as education. The analysis of the content, personal and material scope of the Directives on equal treatment has received considerable attention in the literature (see among others Brown 2002, Toggenburg 2002, Waddington and Bell 2001, Elósegui 2005. Parallel to this, the EU has adopted a series of Council Directives covering the statuses and general rules concerning immigration (mobility of third country nationals) for various purposes, such as conditions for admission for study, pupil exchange, unremunerated training or voluntary service, 2004/114/EC of December 2004 (Apap and Carrera 2003).…”

Section: Education Immigration Antidiscrimination and The Inclusionmentioning

confidence: 99%

Fight “For” and “Against” Identity in Inner Political Processes: a Conflict between “New Liberals” and Traditionalists

Лункин¹,

Филатов²

2019

WEIR

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This paper was prepared as part of the IncludED project, an Integrated Project of the European Commission's 6 th Framework Programme under priority 7, "Citizens and governance in a knowledge-based society". Integrated Projects are multi-partner projects designed to support objective-driven research. The IncludED consortium brings together an interdisciplinary team covering anthropology, economics, history, political science, linguistics, sociology and education. The IncludED project seeks to identify education strategies that help overcome inequalities and promote social cohesion, and thus contribute to meeting the EU's Lisbon goals. The research also distinguishes practices that engender social exclusion, particularly of vulnerable and marginalised groups. The project focuses on the impact of education systems up to the compulsory level (including vocational and special education programmes), with a view to highlighting inclusive approaches for education and social policy. ISBN 978-92-9079-920-7 Available for free downloading from the CEPS website (http://www.ceps.eu) ©CEPS, 2009 Unless otherwise indicated, the views expressed are attributable only to the authors in a personal capacity and not to any institution with which they are associated. This publication may be reproduced or transmitted in any form for nonprofit purposes only and on the condition that the source is fully acknowledged.

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Minorities Protection Under EU Law Before and After the Lisbon Treaty – from a Mere Prohibition of Discrimination to “Affirmative Actions”

Hummer

2011

EJM

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For a long time discussions in international minority protection focused on the particulars of the prohibition of discrimination, which, according to the negative connotation as a prohibition, was understood to prevent "negative discrimination". Issues of "positive discrimination" through "affirmative actions" entered the discussion with the recognition that members of minorities would not be protected from developing a distinct cultural identity solely through the application of the principle of non-discrimination. What was needed was an active and supportive protection of minorities. Consequently "affirmative actions" were introduced in constitutional and public international law, which were regarded and defended as "justified differentiations."Prior to the Lisbon treaty eU law featured general prohibitions of discrimination, the Lisbon Treaty, however, for the first time stipulates in EU primary law that minority protection is a protected common value (article 2 of the treaty on european Union), and this has triggered off a debate about the legitimacy of "affirmative actions" as they structurally oppose the concept of the common market. the European Court of Justice has, in the "Omega" case, for the first time hinted at a possibility to immunize minority protective systems through the exception of "public order". Subsuming minority protection including "affirmative actions" under the concept of "public order" could thus mean that a minority protective system would not be touched by the liberties of the eU common market and thus could not be existentially threatened by these.

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The Race Directive: A New Dimension in the Fight against Ethnic Discrimination in Europe †

Cited by 19 publications

References 1 publication

Securitization or Securing Rights? Exploring the Conceptual Foundations of Policies towards Minorities and Migrants in Europe*

Securitization or Securing Rights? Exploring the Conceptual Foundations of Policies towards Minorities and Migrants in Europe*

Fight “For” and “Against” Identity in Inner Political Processes: a Conflict between “New Liberals” and Traditionalists

Minorities Protection Under EU Law Before and After the Lisbon Treaty – from a Mere Prohibition of Discrimination to “Affirmative Actions”

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