The European Commission has revitalized its proposal for the Equal Treatment Directive, aimed at enhancing anti-discrimination protections beyond the workplace. This marks a significant shift, as the Commission had previously withdrew the proposal earlier in the year due to a lack of foreseeable agreement among member states. The directive’s objective is to bridge existing gaps in EU legislation by extending protections against discrimination based on religion or belief, disability, age, and sexual orientation beyond employment contexts. A Commission spokesperson emphasized that this directive is critical for ensuring a comprehensive framework for non-discrimination within the EU.
Initially proposed in 2008, the directive has faced numerous challenges and has remained stalled in the Council of the EU. While the European Parliament has made progress in advancing the proposal, the Council’s position has been less cooperative, leading to frustration among civil society and EU institutions. In February 2023, the Commission’s intention to remove the directive from its work program for 2025 surprised many stakeholders, including lawmakers and activists who interpreted this as a retreat from EU commitments to fighting discrimination and promoting equality.
Civil society organizations quickly responded to the Commission’s initial withdrawal with criticism, viewing it as a significant setback in the EU’s ambition to foster an inclusive society. Notably, Alice Bah Kuhnke, a member of the European Parliament, condemned the decision, labeling it a scandal, especially against the backdrop of a global decline in diversity and equality influenced by political decisions, including those from the United States. An open letter from these organizations articulated that marginalized communities need stronger protections during challenging times.
Recently, the Commission has decided to revisit the proposal after gaining traction from the European Parliament and a majority of member states. Progress towards the directive’s approval now hinges on resolving ongoing disagreements among Council members. As of now, three countries—Czechia, Germany, and Italy—remain opposed to the proposed compromise text, which has impeded the directive’s advancement. This widespread dissent raises concerns regarding the urgency for a unified effort to launch negotiations on this critical issue.
Moreover, a leaked document indicated that previous efforts to bridge these gaps were fruitless, with the Polish Presidency failing to produce a consensus during its tenure. The need for a “horizontal equality directive” has been underscored by a report from the European Parliamentary Research Service, which estimates potential benefits—including an annual economic boost of up to €55 million—through improved health, educational outcomes, and social harmony among marginalized groups.
Looking ahead, the responsibility for reigniting discussions regarding the directive now lies with the Danish Presidency. Denmark has committed to pursuing unanimity within the Council and plans to prioritize the directive at the upcoming social affairs ministerial meeting in December. This renewed push indicates a long-awaited opportunity to advance anti-discrimination initiatives within the EU as discussions resume, reflecting a clearer commitment to fostering an equitable society.
