Racism and Equality in the European Union

The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to 'mainstream' racial equality: taking anti-racism objectives into account within all areas of EU law and policy. This book analyses the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.

Mark Bell is Professor of Law at the Centre for European Law and Integration, University of Leicester.

Acknowledgements	p. vii
List of Abbreviations	p. xiii
List of Tables	p. xv
Table of Cases	p. xvii
Table of Legislation	p. xix
Introduction	p. 1
'Race', Ethnicity, and Racism in Europe	p. 7
'Race' and Racism	p. 8
Scientific, Cultural, and Institutional Racism	p. 9
'Race', Ethnicity, and Law	p. 12
Groups Vulnerable to Racism	p. 17
Intersectionality and Racism	p. 21
Conclusions	p. 24
Racism and Equality	p. 27
Formal Equality	p. 28
The limits of formal equality	p. 29
Substantive Equality	p. 31
The limits of substantive equality	p. 36
Accommodating difference	p. 36
Equality of opportunity or outcome	p. 37
Reflecting diversity	p. 40
Conclusions	p. 42
Mainstreaming Ethnic Equality	p. 43
The Emergence of Mainstreaming	p. 44
Explaining the Rise of Mainstreaming	p. 45
Weaknesses in existing equality law instruments	p. 45
Mainstreaming and EU governance	p. 48
Models of Mainstreaming	p. 50
The goals of mainstreaming	p. 51
Methods of mainstreaming	p. 52
Expert-bureaucratic methods	p. 52
Participatory-democratic methods	p. 53
The instruments of mainstreaming	p. 55
Defining the duty	p. 55
Impact assessment	p. 56
Measuring progress	p. 58
Conclusions	p. 60
Racism and Anti-Discrimination	p. 63
Racism and Anti-Discrimination Legislation	p. 63
The main elements of the Racial Equality Directive	p. 65
Racism and the Racial Equality Directive	p. 67
Equality and the Racial Equality Directive	p. 68
Racism and Anti-Discrimination Policy	p. 71
Pre-Article 13	p. 71
Target groups	p. 71
Key actors	p. 72
Policy orientations	p. 73
Post-Article 13	p. 74
Target groups	p. 75
Key actors	p. 78
Civil society	p. 78
Institutional actors	p. 79
Policy orientations	p. 82
Moving from anti-racism to anti-discrimination	p. 82
Recognizing the limits of individual litigation	p. 82
Mainstreaming and data collection	p. 83
Conclusions	p. 85
Employment	p. 89
Employment Legislation	p. 92
The European Employment Strategy	p. 94
The structure of the Employment Strategy	p. 95
Ethnic equality and the Employment Strategy	p. 96
Mainstreaming ethnic equality into the Employment Strategy	p. 101
The European Social Fund	p. 103
Mainstreaming and the European Social Fund	p. 104
Ethnic equality and the European Social Fund	p. 105
The Integra programme 1997-1999	p. 106
The Equal programme 2000-2006	p. 107
The European Social Fund 2007-2013	p. 109
Conclusions	p. 109
Social Inclusion: Education, Health, and Housing	p. 113
From Combating Poverty to Promoting Social Inclusion	p. 117
The Social Inclusion Process	p. 118
Promoting Ethnic Equality and the Social Inclusion Process	p. 120
From invisibility to key objectives	p. 120
Mainstreaming ethnic equality into social inclusion policy	p. 123
Target groups	p. 123
Data collection	p. 123
Concept of racism	p. 125
Mainstreaming via the OMC	p. 125
EU Policies on Education and Health	p. 127
Education	p. 127
Education programmes	p. 128
Applying the OMC to education	p. 129
Mainstreaming ethnic equality and education policy	p. 130
Health	p. 132
Conclusions	p. 134
Immigration and Integration	p. 137
Can Ethnic Equality Objectives be Mainstreamed into Immigration Law?	p. 139
Irregular Migrants	p. 141
Legal Migrants	p. 145
Overview of the current legal framework	p. 146
A framework for equality?	p. 148
Integration Policy	p. 149
The principal elements of EU integration policy	p. 150
Integration policy and mainstreaming ethnic equality	p. 151
Conclusions	p. 155
Criminal Law	p. 157
Criminal Law and the EU Treaty	p. 159
Using Criminal Law to Combat Racism	p. 161
The 1996 Joint Action on racism and xenophobia	p. 161
The Framework Decision on racism and xenophobia	p. 164
Cross-border cooperation on combating racist crime	p. 168
Combating racist media via the EC Treaty	p. 171
Racist offences and EU criminal law	p. 172
Promoting Ethnic Equality in the Criminal Justice System	p. 173
Data collection	p. 174
Funding programmes	p. 176
Conclusions	p. 177
Conclusions	p. 179
Combating Racism and Promoting Equality	p. 180
Target groups and intersectionality	p. 182
Models of Mainstreaming and Styles of Governance	p. 185
Looking to the Future	p. 188
Bibliography	p. 191
European Union Official Documentation (Commission, Council, Parliament)	p. 191
General Bibliography	p. 197
Index	p. 215
Table of Contents provided by Ingram. All Rights Reserved.

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Racism and Equality in the European Union

Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Racism and Equality in the European Union

Summary

Author Biography

Table of Contents

Supplemental Materials

Digital License