Synopsis
Antidiscrimination law is changing rapidly throughout Europe. It is moving from standard-setting to practical implementation. Pressed by civil society movements and international bodies tasked with monitoring equality, policy-makers are in search of new and more effective modes of combating discrimination and promoting equality. The issue of the processing of data relating to ethnicity and religion has become central to these developments. The availability of such data is recognized as playing an increasingly important role in the fight against discrimination. In order to elaborate policies designed to promote equality, States must be able to identify the nature and extent of discrimination, the groups affected by discrimination, and the fields in which discrimination occurs. To this end, they must have access to sufficiently precise information on the situation of members of vulnerable groups in the diverse fields of social life, such as employment, education or housing. In addition, the regular production of new statistical studies enables public authorities to monitor the implementation of equality policies and assess their impact. Private actors such as employers who aim to develop an equality plan in their company must have the means to assess the extent to which potentially discriminated groups are adequately represented in their workforce. Finally, the laws of several European Union member States allow the person who claims to be the victim of discrimination to have recourse to statistical data to prove indirect discrimination. However, in many European countries, the collection of data needed to fight racial and ethnic discrimination remains a matter of public controversy. And existing personal data protection legislation is often seen as an obstacle to the processing of such data, which international and European norms treat as highly sensitive
About the Authors
Professeur ordinaire à l’UCLouvain et membre du Comité des droits économiques, sociaux et culturels.
Chercheur qualifié au Fonds national de la recherche scientifique (FRS-FNRS), membre du Centre de philosophie du droit de l’Université catholique de Louvain, chargée de cours à la faculté de droit de cette même université.
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