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The Drafting of a Law against Discrimination on the Grounds of Racial or Ethnic Origin in Germany: Constraints in Constitutional and European Community Law

The Drafting of a Law against Discrimination on the Grounds of Racial or Ethnic Origin in... I. INTRODUCTION In 2000, the European Council adopted two directives, with the aim of combating 'dis- crimination on the grounds of racial or ethnic origin'' and 'discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occu- pation respectively 2'Ihe first of the two pieces of legislation, the Race Equality Directive, outlaws, inter alia, direct or indirect discrimination based on racial or ethnic origin in relation to access to employment, including selection criteria, recruitment conditions and promotion; membership in an organization of workers or employers; social protection; education, and access to and supply of goods and services, available to the public.3 European Community (EC) member states now have to adopt laws, regulations and administrative provisions to comply with the directives. Accordingly, in December 2001 the German Federal Ministry of Justice introduced the Discussion Draft Law (Diskus- sionsentwurj) on the Prevention of Discrimination in the Private Sector.' Although one principal aim of the current German government is the protection of minorities,5 in June 2002 a study prepared for the European Monitoring Centre on Racism and Xenophobia came to the conclusion that the compatibility of German laws with the directives should be reviewed http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

The Drafting of a Law against Discrimination on the Grounds of Racial or Ethnic Origin in Germany: Constraints in Constitutional and European Community Law

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6117
DOI
10.1163/221161103X00319
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION In 2000, the European Council adopted two directives, with the aim of combating 'dis- crimination on the grounds of racial or ethnic origin'' and 'discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occu- pation respectively 2'Ihe first of the two pieces of legislation, the Race Equality Directive, outlaws, inter alia, direct or indirect discrimination based on racial or ethnic origin in relation to access to employment, including selection criteria, recruitment conditions and promotion; membership in an organization of workers or employers; social protection; education, and access to and supply of goods and services, available to the public.3 European Community (EC) member states now have to adopt laws, regulations and administrative provisions to comply with the directives. Accordingly, in December 2001 the German Federal Ministry of Justice introduced the Discussion Draft Law (Diskus- sionsentwurj) on the Prevention of Discrimination in the Private Sector.' Although one principal aim of the current German government is the protection of minorities,5 in June 2002 a study prepared for the European Monitoring Centre on Racism and Xenophobia came to the conclusion that the compatibility of German laws with the directives should be reviewed

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2002

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