The Development of Legal Instruments to Combat Racism in a Diverse Europe

Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.

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Jan Niessen is director of the Brussels based Migration Policy Group, an independent policy institute on migration and diversity. He is a member of the Editorial Board of the European Journal of Migration and Law and of the Board of Directors of the Journal of International Migration and Integration. For the Council of Europe he wrote the report Diversity and Cohesion new challenges for the integration of immigrants and minorities. Isabelle Chopin is deputy-director of the Migration Policy Group. For many years, she acted as the Director of the Starting Line Group coalition, leading to the adoption of the Racial Equality Directive of 29 June 2000. She also works with the EU and accession states, focusing on the transposition and implementation of the Racial Equality Directive and the Employment Equality Directive.
'The Development of Legal Instruments to Combat Racism in a Diverse Europe provides a useful reference point to the question of the legal regulation of racial discrimination by European institutions, and consequential problems faced by States in the implementation of their international obligations. The work provides a valuable contribution to the academic literature in this field and should prove useful to those engaged in this particular area. Steven Wheatley, International Journal on Minority and Group Rights, Volume 12 (2005).
Introduction, Jan Niessen and Isabelle Chopin; Part I: Council of Europe Anti-discrimination Standards: 1. The Application of Article 14 ECHR by the European Court of Human Rights Janneke Gerards; 2. A new European Standard against Discrimination: Negotiating Protocol no. 12 to the European Convention on Human Rights, Jeroen Schokkenbroek; 3. The Preparation of ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination Giancarlo Cardinale; Part II: European Union Anti-discrimination Legislative Measures: 4. The Starting Line and the Racial Equality Directive, Jan Niessen and Isabelle Chopin; 5. The Negotiation of the European Community Directive on Racial Discrimination, Adam Tyson; 6. The European Court of Justice and Anti-Discrimination Law: Some reflections on the experience of gender equality jurisprudence for the future interpretation of the Racial Equality Directive, Sejal Parmar; 7. Comparing National and Community Anti-Discrimination Law, Per Johansson; Part III: A Comparative Perspective: 8. Setting Standards in the Fight against Racism: A Comparison of the European Union and the Council of Europe, Mark Bell; 9. Implementing European Anti-Discrimination Law: A Critical Analysis, Ann Dummett; Annexes: 1. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; 2. Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Explanatory Report; 3. ECRI General Policy Recommendation No 7 on National Legislation to Combat Racism and Racial Discrimination; 4. Proposal for a Council Framework Decision on combating racism and xenophobia; List of Contributors; Selected Bibliography; Index.