Accessing JusticeAccessing Justicetools and methods to fight discrimination

in working life

Accessing Justice 28-29 Nov. 2006

Final Conference of the EU Project

Access to Justice

The EU Project

Access to JusticeAccess to Justice

Accessing Justice 28-29 Nov. 2006

Presentation by

Anette SjödinThe Swedish Federation for Lesbian, Gay, Bisexual

and Transgender Rights (RFSL)

The EU project “Access to Justice” is:

Working to fill the gap between the EU Employment Directive (and national legislation based on it) and practice

Focusing on age, disability and sexual orientation

Active in Romania, the UK and Sweden

Supported by the Community Action Programme to Combat Discrimination (2001–2006)

Working for two years, ending on Nov. 30, 2006

Accessing Justice 28-29 Nov. 2006

The EU ProjectThe EU Project

Inform about new rights and protections— awareness raising

Enhance the capacity building of key actors to assist individuals in taking cases forward

Equip key actors to recognise and address differences between national legislation and the Employment Directive

Accessing Justice 28-29 Nov. 2006

ObjectivesObjectives

ACCEPT (Romania)

Help the Aged (United Kingdom)

HomO: The Swedish Ombudsman Against Discrimination on the Grounds of Sexual Orientation

LO: The Swedish Trade Union Confederation

RFSL: The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (Project Manager)

Accessing Justice 28-29 Nov. 2006

The Steering GroupThe Steering Group

National legislation

Knowledge of the law

Structures for taking care of complaints

Key actors

Discrimination grounds

A common overall objective: to fill the gap between law and practice

Accessing Justice 28-29 Nov. 2006

DifferencesDifferences

Individuals need to:

Know what discrimination really is

Feel comfortable enough to make a complaint

Know who to turn to

Organisations need to:

Recognize discrimination

Meet the individual’s need for support

Accessing Justice 28-29 Nov. 2006

Basic NeedsBasic Needs

Individuals need to:

Know what discrimination really is

Feel comfortable enough to make a complaint

Know who to turn to

Organisations need to:

Recognize discrimination

Meet the individual’s need for support

Accessing Justice 28-29 Nov. 2006

Basic NeedsBasic Needs

National NetworksExperience exchange

Seminars, conferences and training sessions

National handbooks

European Guide for PractitionersAn overview of the EU Employment Directive and how to make use of the legislation

Final Conference “Accessing Justice”In Brussels 28-29 Nov. 2006

Accessing Justice 28-29 Nov. 2006

Activities and ProductsActivities and Products

National NetworksExperience exchange

Seminars, conferences and training sessions

National handbooks

European Guide for PractitionersAn overview of the EU Employment Directive and how to make use of the legislation

Final Conference “Accessing Justice”In Brussels 28-29 Nov. 2006

Accessing Justice 28-29 Nov. 2006

Activities and ProductsActivities and Products

Accessing Justice 28-29 Nov. 2006

Content

Why does discrimination occur?Discrimination definitionsGrounds of discriminationUsing the new rightsProviding supportDifferent needs and approachesMore information and key European actors

Discussing the structures and mechanisms that create discrimination

Majority groups formulate a concept of what is normalOften unspoken and perceived as common senseConsolidates solidarity, a sense of belongingMay sustain power inequalitiesMay result in discrimination of minority groups

Accessing Justice 28-29 Nov. 2006

Why discrimination?Why discrimination?

Making InvisibleForgotten, overlooked or ignored

RidiculingNot taken seriously; made fun of

Withholding InformationDenied information about important issues at work

Damned If You Do and Damned If You Don’tNo chance to get it right; a “Catch 22”

Heaping Blame and Putting to ShameBeing told that you’re not good enough

Accessing Justice 28-29 Nov. 2006

Master Suppression TechniquesMaster Suppression Techniques… a tool to identify signs of discrimination

Direct DiscriminationIndirect DiscriminationHarassmentVictimisation

Accessing Justice 28-29 Nov. 2006

Definitions in the DirectiveDefinitions in the Directive

AgeDisabilitySexual Orientation

Accessing Justice 28-29 Nov. 2006

Discrimination GroundsDiscrimination Grounds

Duties of the Member StatesRequired to provide information

When does the directive apply?Access to employment, self-employment, and specific occupations, including selection criteria, recruitment conditions, etc.

Burden of ProofShared responsibility

Accessing Justice 28-29 Nov. 2006

Using the New RightsUsing the New Rights

Examples of what your organisation can do:Provide a helplineProvide discriminated-against persons with information about their rightsProvide the necessary legal supportEmpower the discriminated-against person

The Importance of Good Case ManagementDifferent roles for different organisations

Steps in Case ManagementDocumentationStrategy of action

Accessing Justice 28-29 Nov. 2006

Providing SupportProviding Support

Great BritainCapacity building on age discrimination

SwedenChecklist

RomaniaTaking cases

Accessing Justice 28-29 Nov. 2006

Different Needs and ApproachesDifferent Needs and Approaches

Key actors—a few of them …

Access to Justice: National Networks

www.accesstojustice.se

Accessing Justice 28-29 Nov. 2006

Links to More InformationLinks to More Information

National NetworksExperience exchange

Seminars, conferences and training sessions

National handbooks

European Guide for PractitionersAn overview of the EU Employment Directive and how to make use of the legislation

Final Conference “Accessing Justice”In Brussels 28-29 Nov. 2006

Accessing Justice 28-29 Nov. 2006

Activities and ProductsActivities and Products

- Tomorrow

Accessing JusticeAccessing Justicetools and methods to fight discrimination

in working life

Final Conference of the EU project

Access to Justice

Accessing Justice 28-29 Nov. 2006