EU legislation combating racial or ethnic discrimination

Report on the Racial Equality and the Employment Equality Directives

The report looks at how EU non-discrimination rules work in practice, the progress Member States have made, and the challenges that remain in applying and enforcing them.

How EU non-discrimination rules work in practice?

The report finds that, although EU countries have made progress in applying EU non-discrimination rules, discrimination remains common and is often not sanctioned effectively.

Sanctions are usually too low and do not reflect the long-term harm caused by discrimination. Many people still do not know their rights or how to use them. Victims often struggle to access the evidence – including statistics – they need to prove they have been discriminated against. There is also little practice in using EU rules to tackle structural discrimination and discrimination linked to algorithms and AI systems.

Progress in Member States

The report notes some positive trends:
•    awareness of support services for victims has grown slightly in some groups;
•    many EU countries took steps to improve access to justice for victims of discrimination or strengthen cooperation with civil society and social partners;
•    positive measures have been adopted to address disadvantages linked to protected characteristics.

What needs to change?

Member States need to do more to enforce EU non-discrimination law effectively.

Sanctions should better reflect the damage caused, offer real redress to victims, and help bring lasting change. Efforts to raise awareness of rights and duties under the EU rules should focus more clearly on protected groups and draw on the expertise and outreach of civil society and social partners.

Victims and their representatives should have easier access to the evidence they need to support their claims. Collective redress procedures should be available and simpler to use, and cooperation between regulators, civil society and social partners should be stronger, particularly to address structural and algorithmic discrimination.

EU countries should also strengthen their equality bodies, including by fully and promptly putting the Equality Bodies Directives into practice.

Study on sanctions for discrimination on racial/ethnic/religious grounds

To help Member States improve the enforcement of non-discrimination rules on racial, ethnic and religious grounds, the Commission requested a study analysing the legislation and practice on sanctions in all EU Member States.

Key findings show that low and symbolic sanctions for discrimination weaken legal protection and long-term prevention of discrimination. Systems remain outdated, while high legal costs continue to limit access to justice. Preventive or socio-preventive structural measures, such as desegregation plans and mandatory training for perpetrators, are often lacking.

The study highlighted the importance of increasing the amounts or ranges of sanctions. Systemic measures to deter future discrimination strengthen the protection against discrimination. The study emphasises that sanctions imposed should fully repair harm to victims and promote long-term solutions. Successful enforcement of sanctions is essential, as is strengthening the strategic capacity of lawyers and civil society to advocate for effective remedies.

The research uncovered a wealth of good practices across EU Member States that need to be disseminated. The study is accompanied by a comprehensive guide to good practice, providing tailored advice for legislators, equality bodies, courts, practitioners, civil society and victims. Implementing these ideas can ensure more effective sanctions against discrimination and make a significant contribution to building a true 'Union of Equality'.

Study on possible gaps in the legal protection against discrimination on grounds of racial or ethnic origin’ 

In 2022, the Commission published a study on possible legal and non-legal gaps in protection against racial or ethnic discrimination which gathered data on the areas where incidents of discrimination materialise, including where law enforcement authorities are involved. The study identified stop and search activities and the use of force by the police as areas where discrimination was perceived to occur. It advocates for further evidence-gathering and the promotion of good practices in this area, which falls within the competences of Member States.