RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe

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RACIST VIOLENCE IN 15 EU MEMBER STATES - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004 2.4.1. What are 'Indicators' Where they exist, indicators of discrimination generally provide an index of treatment or services received by different groups in the population. Using statistical data on a range of variables that can describe an individual's circumstances - such as education, employment, housing and health - indicators can establish whether different groups are treated differently, and whether this treatment amounts to discrimination or is an indication of disadvantage/social exclusion. In this regard, indicators are 'weighted' to take into account a number of factors that are influential upon end results, and which can help to establish whether indicators are a reflection of social disadvantage or discrimination. For example, inequality in access to employment, if taken to be an (indirect) indicator of discrimination, needs to be assessed relative to an individual's educational qualifications and age before discrimination can be established. In the same way, comparison of disadvantage/discrimination indicators between Member States must take into account the demographic characteristics of each country. In those countries with well-developed data collection mechanisms on social disadvantage/discrimination, a cut-off point is often demarcated for identifying unacceptable levels of unequal treatment between different groups within the population. In many ways this represents a ‘quota system’ which has to be met. For example, in the USA the 'four-fifths' rule has been applied to employment and test selection criteria 48 - meaning that if recruitment of ethnic minorities is below 20 per cent when compared to the White majority, then the selection procedures are subject to invalidity and charges of discriminatory practice. The United Nations 'Millenium Development Goals' 49 and the European Union's Laeken indicators 50 have established broad indicators for measuring poverty and social exclusion in different countries. Using statistical data, gathered through Eurostat in the case of the EU, these indicators are able to offer comparisons between countries and can frame results with respect to relative advantage and disadvantage. 2.4.2. What data is collected? Indicators of gender inequality lie at the heart of much of the EU's and UN's work to date on discrimination. In comparison, relatively little work is undertaken in the EU on indicators of ethnic discrimination - with the exception of a recent surge of interest in data collection concerning discrimination against Europe's Roma population. 51 48 49 50 51 US Department of Labor - Uniform Guidelines on Employee Selection Procedures; see: http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_60-3/toc.htm www.un.org/millenniumgoals www.eustatistics.gov.uk/statistics_in_focus/downloads/KS-NK-03-021-__-N-EN.pdf The World Bank and the Open Society Institute has declared the years 2005-2015 the ‘Decade on Roma Inclusion’; in Europe, the focus is on the following countries: Bulgaria, Czech Republic, Hungary, Macedonia, Romania, Serbia and Montenegro, 52
RACIST VIOLENCE IN 15 EU MEMBER STATES - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004 The relative absence of data on indicators of ethnic discrimination has been attributed by many European administrations to legal and, at times, constitutional barriers that prohibit data collection on ethnicity. 52 The Council of the European Union’s 1995 Directive on Data Protection is often cited as a barrier to this effect. 53 However, while the EU Directive on Data Protection does prohibit use of personal information where individuals are identified or can be identified, it specifically exempts data which has been made anonymous and where the individual subject can no longer be identified. In support of this, the Council of the European Union’s ‘Race Directive’ 54 (as referred to earlier) states that information about indirect discrimination can be gathered using statistical evidence – so indicating that ethnic monitoring is desirable. To this end, EU law provides a framework in which anonymous data on ethnicity can be collected in an effort to identify both direct and indirect discrimination. The principles behind non-collection of data on ethnicity reflect historical developments in each country with respect to data collection and ideas of citizenship. To this end, Member States that have suffered under dictatorships are understandably wary of the uses to which data collection on ethnicity can be put. Where once ethnic monitoring was used as a tool for promoting racism and xenophobia, by the State, advocates of ethnic monitoring now ask countries to employ ethnic monitoring as a tool against racism and xenophobia. At the same time, ideals of equality of citizenship, as based on the French model, do not accommodate data collection that distinguishes between national groups as this is seen to enforce ideas of difference and, hence, discriminatory treatment. Contrary to the above, although ethnic monitoring is not done in most Member States, 55 data is collected on nationality, the country of birth of individuals or that of their parents. In this way Member States are able to distinguish differential treatment of individuals on the basis of their nationality and country of birth, and can draw comparisons between nationals (citizens) and non-nationals (noncitizens). What this mode of data collection cannot do though is look at differential treatment within any nationality on the basis of ethnicity. In comparison with the majority of EU Member States, the UK and the Netherlands have adopted ethnic monitoring mechanisms. At present the UK has the most welldeveloped system in place for monitoring ethnicity - although other Member States 52 53 54 55 and Slovakia; see also: 'Breaking the Barriers: Romani Women and Access to Public Health Care' (report to the EUMC) - http://eumc.eu.int/eumc/material/pub/ROMA/rapport-en.pdf Goldston, J.A. (2001) ‘Race and Ethnic Data: A missing resource in the fight against discrimination’ in Ethnic Monitoring and Data Protection: The European Context, Budapest: Central European University Press, pp.19-41. EU Directive on Data Protection – 95/46/EC – paragraph 26 ; see - http://europa.eu.int/comm/internal_market/privacy/law_en.htm Council Directive 2000/43/EC Werner, H., Courbage, Y. and Compton, R. (1998) (eds) The Demographic Characteristics of National Minorities in Certain European States, Strasbourg: Council of Europe, Vol.1. 53
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RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe

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