Politics and Society/National Legislation

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[edit] Introduction

The EU Anti-discrimination Directives adopted in 2000 led to the obligation of each Member State to adopt and amend its national legislation to bring them into line with the EU legislation. Leaving aside age and disability, a number of Member States have not managed to meet these deadlines for the full implementation of the Directives. In some of these cases, however, changes have already been made to national legislation but have not yet taken effect or are in the process of being made.

[edit] Implementation of the EU Directives in the Member States

In the beginning of 2007, a network of independent legal experts has published reports on the state of implementation in 25 EU Member States. All country reports can be downloaded from the Publication Website of the European Commission [1]. The reports show up how much the situation still differs within the indidual Member States. In the meantime, the European Commission has sent out several notifications to those countries not having the Dircetives fully implemented yet [2].

[edit] Additional information on the implementation in selected countries

[edit] Germany

Germany was one of the last EU member states implementing the EU Directives. Germany's General Law on Equal Treatment (Allgemeines Gleichbehandlungsgesetz - AGG) came into force in August 2006. As an integral part of the enactment, the German Anti-Discrimination Office (Antidiskriminierungsstelle des Bundes) was established which is affiliated to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend - BMFSFJ).

[edit] Austria

The Austrian Equal Treatment Act came into force in July 2004. The law includes a comprehensive prohibition of discrimination at the workplace. Apart from the prohibition of discrimination on grounds of sex which was already existing before, it offers protection of discriminiation due to ethnic affiliation, religion, belief, age and sexual orientation. In November 2006, the first legally binding conviction based on the Austrian Antisdiscrimination Act was pronounced [3]. The Austrian Association ("Klagsverband - Verband zur Durchsetzung der Rechte von Diskriminierungsopfern") supporting victims of discrimination has compiled a number of recent cases related to the Anti-Discrimination Act in Austria [4].

[edit] Poland

The Polish labour code there are legacies on equal rights and non-discrimination in a workplace. The legacies introduced into the Polish labour code include a ban of any discrimination caused by sex in a workplace. There is a definition of direct and indirect discrimination in the labour code, as well as a definition of sexual harassment and its ban. [5] Zapisy w polskim Kodeksie Pracy dotyczące równouprawnienia i zawierające akaz dyskryminacji ze względu m.in. na płeć w miejscu pracy. Zapisy zawierają także definicję dyskryminacji oraz molestowania.

[edit] References

  1. European Commission, DG Employment and Social Affairs, Action against discrimination, Civil Society: Current Publications
  2. European Commission, DG Employment and Social Affairs: Commission acts to close gaps in employment equality rules
  3. "Mobbing: Erstes Urteil in Österreich" (de)
  4. Gerichtsurteile und Einzelfallentscheidungen der Gleichbehandlungskommission (de)
  5. Labour code paragraphs re discrimination (pdf) (pl)

[edit] External links

[edit] Downloads

[edit] See also:

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