HAS ADOPTED THIS DIRECTIVE:
TITLE I: GENERAL PROVISIONS
The purpose of this Directive is to put into effect
in the Member States of the European Union the principle of equal
treatment between individuals irrespective of racial or ethnic
origin. This principle is referred to as the "principle of
Concept of discrimination
1. For the purposes of this Directive, the principle
of equal treatment shall mean that there shall be no direct or
indirect discrimination based on racial or ethnic origin.
2. Within the meaning of paragraph 1:
(a) direct discrimination shall be taken to occur
where one person is treated less favourably than another is, has
been or would be treated on grounds of racial or ethnic origin.
(b) indirect discrimination shall be taken to occur
where an apparently neutral provision, criterion or practice is
liable to adversely affect a person or a group of persons of a
particular racial or ethnic origin, unless that provision, criterion
or practice is objectively justified by a legitimate aim which
is unrelated to the racial or ethnic origin of a person or a group
of persons and the means of achieving that aim are appropriate
3. Harassment of a person or a group of persons related
to racial or ethnic origin, which has the purpose or effect of
creating an intimidating, hostile, offensive or disturbing environment
in any of the areas covered in Article 3, shall be deemed to be
discrimination within the meaning of paragraph 1.
Within the limits of the powers conferred upon the
Community, this directive shall apply to:
(a) the conditions for access to employment,
self-employment and occupation, including selection criteria and
recruitment conditions, whatever the sector or branch of activity
and at all levels of the professional hierarchy, including promotion;
(b) access to all types and to all levels, of vocational
guidance, vocational training, advanced vocational training and
(c) employment and working conditions, including
dismissals and pay;
(d) membership of and involvement in an organisation
of workers or employers, or any other organisation whose members
carry on a particular profession, as well as the benefits provided
for by such organisations;
(e) social protection and social security;
(f) social advantages;
(g) education, including grants and scholarships,
while fully respecting the responsibility of the Member States
for the content of teaching and the organisation of education
systems and their cultural and linguistic diversity;
(h) access to and supply of goods and services.
Genuine occupational qualifications
Notwithstanding Article 2, paragraphs 1 and 2, Member
States may provide that a difference of treatment which is based
on a characteristic related to racial or ethnic origin shall not
constitute discrimination where, by reason of the nature of the
particular occupational activities concerned or of the context
in which they are carried out, such a characteristic constitutes
a genuine occupational qualification.
This Directive shall be without prejudice to the
right of the Member States to maintain or adopt measures intended
to prevent or compensate for disadvantages suffered by a group
of persons of a particular racial or ethnic origin.
1. Member States may introduce or maintain provisions
which are more favourable to the protection of the principle of
equal treatment than those laid down in this Directive.
2. The implementation of this directive shall under
no circumstances constitute sufficient grounds for a reduction
in the level of protection against discrimination already afforded
by Member States in the fields covered by this Directive.