Equality is one of the fundamental values on which the European Union is founded, reflected in the Treaties and the Charter of Fundamental Rights, which give the EU a mandate and responsibility to combat discrimination.
In 2008, the Commission proposed the Anti-Discrimination Directive and last week, after 18 years of being blocked in Council, the Commission proposed to rescind it. The Directive would have strengthened protections against discrimination based on religion, belief, disability, age and sexual orientation, including for those at the intersections of race and gender.
Experts recognise that the Directive has shortcomings. For example, it focuses on forms of individual discrimination rather than on the structural barriers that prevent full inclusion of those being discriminated against. Some member state legislatures have surpassed the Directive, meaning its transposition may have watered down protections. Combined with the long negotiation time, this makes the decision to rescind understandable.
Unfortunately, the timing of this abandonment, without a new proposal based on tackling systemic discrimination, could be seen as a capitulation to ultra-conservative policies in Hungary, Italy and elsewhere. The decision can also be seen as a capitulation in advance to DEI (Diversity, Equality and Inclusion) rollbacks in major American companies. While these have only taken place in the US so far, Europe is on alert for extraterritoriality among companies that have already complied with Trump’s slew of executive orders on reversing DEI.
When they go low, Europe should go high and make member states – especially those with illiberal governments – ensure equality, prevent DEI rollbacks in the corporate sector and find better ways to ensure equality is maintained as a fundamental value on which the union is founded.
Emma Woodford is the Chief Operating Officer at the European Policy Centre.
