Remedies and Enforcement

Optional Protocol to the Convention on the Elimination of Discrimination against Women

The Optional Protocol provides for a mechanism under which individuals or groups of individuals can file complaints with the CEDAW committee against states (that have ratified the optional protocol) for non-compliance with CEDAW. It was adopted by General Assembly resolution A/54/4 on 6 October 1999 and opened for signature on 10 December 1999. It entered into force on 22 December 2000.

EU Directive 97/80/EC on Shifting Burden of Proof in Sex Discrimination Cases

This directive applies to civil or administrative procedures on sex discrimination, brought under the situations covered by Article 119 of the Treaty and by Directives 75/117/EEC, 76/207/EEC and in respect of sex discrimination cases brought pursuant to Directives 92/85/EEC and 96/34/EC. Article 4 of this directive requires that where the Plaintiff has shown an arguable case of discrimination, the burden of proof shifts to the defendant, who has to demonstrate that there has been no discrimination. This directive does not apply to criminal cases.

UN CCPR General Comment No. 31 [80]: Nature of the General Legal Obligation Imposed on States Parties to the Covenant (adopted on 26 May, 2004)

The Comment discusses the responsibility of States Parties' to ensure protection and enforcement of rights and freedoms guaranteed by the International Covenant on Civil and Political Rights for all people in their territory, regardless of citizenship. These rights and freedoms include protection from discrimination. The obligation to respect and ensure the rights that are guaranteed by the Covenant should take effect immediately.

ECRI General Policy Recommendation n°4: National Surveys on the Experience and Perception of Discrimination and Racism from the point of view of Potential Victims

This recommendation calls on governments to undertake national surveys on how people belonging to marginalised communities perceive discrimination in their lives so as to gain an understanding of the problems of racism and intolerance from the perspective of the people affected by it.

European Union Anti-Discrimination Policy: FROM EQUAL OPPORTUNITIES BETWEEN WOMEN AND MEN TO COMBATING RACISM

This paper examines the options open to the EU in preparing new legislation in this field. Drawing on the experience of sexual equality legislation at both the European and national level, the paper examines both the strengths and weaknesses of the existing anti-discrimination legislation. The paper also points out the importance of a combination of criminal and civil law remedies. Specific action against discrimination is unlikely to be sufficient unless complemented by measures to promote equal opportunities for ethnic minorities in all aspects of EU policies.

OSCE Action Plan on Improving the Situation of Roma and Sinti, 2004.Decision No. 566 Action Plan on Improving the Situation Of Roma and Sinti within the OSCE Area

This action plan was adopted by the Permanent Council in 2003. The goal of this action plan is to ensure that Roma and Sinti play a "full and equal part" in societies in which they live and to eradicate discrimination against them. The key guiding principle for the action plan is Romani participation in policy making and implementation. It also stresses the importance of mainstreaming Romani women's issues in all the activities.

OSCE Permanent Council Decision on Combating Antisemitism

This document calls on member states to ensure that their legal system is free from antisemitic harassment, encourage education about antisemitism and promote remembrance and education about the holocaust, to collect and maintain statistical records on hate crimes motivated by antisemitism and so on. It calls on ODIHR to, inter alia, collect and disseminate best practices on preventing and responding to anti-Semitism.

The Business Case for Diversity

The executive summary notes that "an increasing number of European companies are adopting diversity and equality strategies, not only for ethical and legal reasons but also for the business benefits they are expected to deliver." The report examines the key challenges in implementing diversity promotion and also discusses the perceived benefits of diversity. Also included are some good practice examples that have been adopted by companies in different sectors.

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