Case study
The in-depth SWOT analysis of the Equal Employment Directive begins the evaluation by examining the Directive and its 21 Articles from start to finish, starting with the 37 recitals in the preamble. The basis on Article 6 TEU and on the fundamental rights and freedoms established in the Declaration of Human Rights of 1948 is specifically mentioned, preparatory acts and references to the replacements of previous directives are made, especially in Article 2, in which the replacement of the Council Directive 2000/78/EC of 27 November 2000 is specifically stated. The preamble ultimately refers also to legal acts concerning the first Directive of the emerging Equal Treatment Act in 2006 (Directive 2000/43/EC(6), giving already a foundation …show more content…
Direct and indirect acts are specifically addressed, including harassment and the instruction to discriminate as definite forms of discrimination. While this is considered a strength, since specific forms of discrimination are addressed and challenged, a certain weakness can be found in this Article. The potential influence this Article could have on affected individuals is questioned, as, according to Attard (2005), “the protection from discrimination across the different grounds is regulated differently” (p. 230). His report of the implementation of the Directive in Malta in regards to inequality referring sexual orientation proves that Member States acknowledge the relevance of equality, since it is a democratic value. However, every State regulates certain provisions individually. The provisions might be implemented without prejudice, but specific kinds protection from discrimination, hence, might be more prioritized than others. A “hierarchy of discrimination” (p. 230) could emerge without the specific addressing of equal priority to all forms of protection from discrimination, which is considered a weakness, but also a threat to other national standards. As established in a report of the Directives implementation in Germany, Weber (2016) argues that with the “hierarchy of discrimination” a …show more content…
Conditions in vocational training, employment and occupation shall be adequately applied for young people, older people and persons with caring responsibilities. It is, additionally, mentioned that the discrimination on the grounds of age, in regards to certain criteria, shall not result in discrimination on the grounds of sex. This Article provides the protection from discrimination on the basis of age adequately and even prevents from further discriminatory acts realistically, since Member States can relate to this provision perfectly. This is considered a strength and, with the specific fixing of conditions implied in the Article, also an opportunity to develop the framework into appropriate measures against discrimination on the basis of
The in-depth SWOT analysis of the Equal Employment Directive begins the evaluation by examining the Directive and its 21 Articles from start to finish, starting with the 37 recitals in the preamble. The basis on Article 6 TEU and on the fundamental rights and freedoms established in the Declaration of Human Rights of 1948 is specifically mentioned, preparatory acts and references to the replacements of previous directives are made, especially in Article 2, in which the replacement of the Council Directive 2000/78/EC of 27 November 2000 is specifically stated. The preamble ultimately refers also to legal acts concerning the first Directive of the emerging Equal Treatment Act in 2006 (Directive 2000/43/EC(6), giving already a foundation …show more content…
Direct and indirect acts are specifically addressed, including harassment and the instruction to discriminate as definite forms of discrimination. While this is considered a strength, since specific forms of discrimination are addressed and challenged, a certain weakness can be found in this Article. The potential influence this Article could have on affected individuals is questioned, as, according to Attard (2005), “the protection from discrimination across the different grounds is regulated differently” (p. 230). His report of the implementation of the Directive in Malta in regards to inequality referring sexual orientation proves that Member States acknowledge the relevance of equality, since it is a democratic value. However, every State regulates certain provisions individually. The provisions might be implemented without prejudice, but specific kinds protection from discrimination, hence, might be more prioritized than others. A “hierarchy of discrimination” (p. 230) could emerge without the specific addressing of equal priority to all forms of protection from discrimination, which is considered a weakness, but also a threat to other national standards. As established in a report of the Directives implementation in Germany, Weber (2016) argues that with the “hierarchy of discrimination” a …show more content…
Conditions in vocational training, employment and occupation shall be adequately applied for young people, older people and persons with caring responsibilities. It is, additionally, mentioned that the discrimination on the grounds of age, in regards to certain criteria, shall not result in discrimination on the grounds of sex. This Article provides the protection from discrimination on the basis of age adequately and even prevents from further discriminatory acts realistically, since Member States can relate to this provision perfectly. This is considered a strength and, with the specific fixing of conditions implied in the Article, also an opportunity to develop the framework into appropriate measures against discrimination on the basis of