A/HRC/16/64
communication campaigns guaranteed by freedom of speech. In that context, Mr. Azzi
explained that UNESCO has been using sports by involving a football club in a campaign
against racism and discrimination. He suggested that similar campaigns be extended for the
next Olympic Games and Football World Cup. Discussions also highlighted the need to
ensure quality of education in addition to equal access to education.
61.
Stefan Olsson, Head of Unit “Equality, Action against Discrimination: Legal
Questions”, Directorate-General for Employment, Social Affairs and Equal Opportunities
of the European Commission, made a presentation on the content and practice of the
Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal
treatment in employment and occupation and Directive 2000/43/EC of 29 June 2000
implementing the principle of equal treatment between persons irrespective of racial or
ethnic origin – known as the “Racial Equality Directive” – in the European Union. Edna
Santos Roland, the Independent Eminent Expert Group, presented the Latin American and
Caribbean experience in approaches to structural discrimination.
62.
One delegate expressed concerns about obstacles that arose in relation to the use of
statistical data. Mr. Joseph noted, with reference to Ms. Santos Roland’s presentation, that
the South-American model would set high standards to courts throughout the world.
63.
Responding to a question raised by Mr. Joseph, Mr. Olsson stated that any
undocumented migrant worker in the European Union would in theory be protected by the
directives in question and could therefore take a case related to the violation of the rights
guaranteed therein to a court in any member State. Mr. Olsson further explained, however,
that member States could still expel an undocumented migrant worker in such a case
because of his or her illegal status, in accordance with national law.
64.
Ms. Santos Roland stated, with reference to a question raised by a delegate, that
Brazil was the country with the largest number of affirmative action programmes in South
America, followed by Colombia. The country’s affirmative action programmes were
established mainly in the field of education.
65.
Mr. Olsson responded to a question raised by a delegate by stating that the directives
presented earlier included the possibility for member States of the European Union to
implement such measures, provided that they did not constitute discrimination. In that
context, he also referred to the case law of the European Court of Justice and the difficulty
of adopting positive measure without violating the principle of equal treatment.
66.
Mr. Olsson explained, with reference to a question raised by a delegate, that, while
the terms race and racial discrimination were not defined in European Union directives
because the organization did not recognise the concept of race, some member States applied
criteria similar to those established by the British House of Lords in a case from the 1980s
on access to education by a Sikh boy.
IX.
Final statements
67.
Final statements were made by delegates speaking on behalf of regional groups and
as representatives of their own countries to pay tribute to the Chairperson for his efforts to
facilitate the Working Group’s work in an efficient and action-oriented way during its
seventh and eighth sessions.
68.
The delegate speaking on behalf of the European Union explained its position on the
conclusions and recommendations on migration, in particular on the paragraph referring to
ratification of the International Convention on the Protection of the Rights of All Migrant
Workers and Their Families. The delegate stated that European Union member States had
considered signing and ratifying this instrument, as a matter of priority, however, the text of
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents