Why Has the European Union Been Particularly Active in Its Employment Anti-discrimination Measures - Research Paper Example

? EUROPEAN UNION AND DISCRIMINATION By European Union and Discrimination Understanding the significant concern with which the European Union (EU) engages the subject of anti-discrimination should begin with an acknowledgement of the element of diversity within its membership. The EU comprises of 27 member states with diverse cultures and different methods of operation. The very essence of cultural diversity invites the potential of conflict between member states, which makes it difficult for countries to engage in ways that connect effectively with the binding principles of the union. The diverse nature of conflicts within the European requires some form of moderation in order to achieve a level playing ground that can effectively lead towards the attainment of the shared goals (Salama & Council of Europe 2011, p. 121). The EU membership comprises of countries that speak different languages, which imply different cultures and worldviews. Some of the countries have had some historical challenges that could threaten the harmonious coexistence within the Union. Concerns over the possible dominance of some countries over others and presumed imbalances in various aspects of life such as business, global influence, and resources have fueled concerns of prejudice, preferential treatment, and discrimination within the union. It is because of this that the EU endeavors to enhance its operations in ways that foster unity and balance among member countries. Discrimination is largely a factor of competitive advantage (European Commission, 2008, p. 65). Discrimination is most likely to occur in conditions where many nationalities come together towards the attainment of certain objectives. Internal competitions and power struggles will tend to surface in ways that make it problematic for countries to articulate their concerns more effectively. The constituent members within the Union seek the attainment of certain political goals, social goals, and economic goals. The reality of discrimination places a direct hurdle towards the attainment of these goals. Tendencies of cultural supremacy and fears of cultural inferiority have, in the past, slowed down the integration of the EU members. Some countries have expressed reservations that the current operational climate is skewed in favor of particular countries (Corry, 1996). Internal differences between Anglophone members of the EU and other countries have led to fears of discrimination, which are because some countries are likely to benefit from undue advantage over others. It is for this reason that the EU sought to draft specific legislations that provide sufficient safeguards against the possibility of lapsing into acts of discrimination based on language, culture, or country of origin (Fella & Ruzza, 2012, p. 40). These specific safeguards are meant to assure the member countries of fairness in the treatment of their citizens and countries in terms of certain benefits that relate to the specific issues that connect with the mutual interests that connect with the union. Discrimination usually imposes structural and systematic obstacles to the victims (Kahn, 2008). It curves out a system that provides privileges to some people or groups while subjecting others under unfair treatments. On this score, the EU sought to prevent the possibility of discrimination, as a way of encouraging the full participation and impartial treatment of its member countries and the citizens of the same countries as they moved about within the region covered geographically by the union (Falkner, Treib, & Holzleithner, 2008). Efforts to determine the real extent of EU’s power should be understood from the fact that the union embodies certain qualities and virtues that must be upheld for the sake of its sustenance. The realization of the projected ends of the union depends significantly on the manner in which the unions operate and the balance of power and relations between them. The handling of matters of discrimination is contained in the various treaties that are pertinent to the functioning of the EU. The treaty on the functioning of the European Union confers on the union and the council the powers to act appropriately in the determination of discrimination on the lines of gender, race, religion, disability, sexual orientation, ethnic origin, belief, and age (Schiek, & Lawson, 2011). The intention of this treaty is to provide harmony within the various policies of the respective countries in order to achieve a workable framework that could be used to articulate certain factors that connect effectively with the interests and policies of the member countries (Davies, 2012, p. 19). It is important to consider the fact that some of the issues that connect the various aspects of the member countries have to be determined in terms of the various issues that relate to the issues of the union. The determination of the various issues that connect the interests of the union have to be harmonized within a common framework that would allow the respective countries to engage appropriately with matters of common concern The Charter on Fundamental Rights is another important legislation by which the European Union provides stipulations against discrimination in its multiple forms (European Commission 2008). The determination of the matter of discrimination as understood under this charter includes the specifics of sex, color, social origin, race, ethnic factors, genetic features, religion, political affiliations, religious beliefs, minority status, birth, sexual orientation, disability, and age. The adoption of parts of these laws has been made mandatory in various areas of the union’s operation. It might be argued that the determination of various aspects of this law relates to the manner in which societies function when confronted by influences from other social groups or nationalities. Achieving a society based on equal values and one that cherishes certain fundamental aspects of reality is one of the fundamental aspects the determine the manner in which societies function in the modern age (Bell, 2008). It might be necessary to consider that some of the important issues that connect between values and influences between member states. In the pursuit of a just and egalitarian society, the European Union, through the Treaty of Amsterdam drafted specific legislations that the member countries were obligated to ratify. The search for common principles within the membership is founded on the fact that certain features within the union require a harmonized approach due to the inconsistencies and differences within the member countries (Great Britain 2006). It would appear that some of the issues that connect the values of the EU member countries require some harmonization of the constitutional mechanisms of the specific member countries. In order for the European Union to thrive and flourish, it must establish some external conditions that adjust well within the framework of change as understood within the aspect of the environment (Agarin & Brosig, 2009). The abolition of discrimination would provide a most appropriate strategy for countries to achieve a climate of harmony and coexistence as understood within the framework of unity in diversity. The creation for equal opportunity for all can only succeed in an environment of equals. In this regard, it becomes appropriate to consider the fact that some of the issues that connect with the matter of environment require the adoption of the principles of a free and equal society. In essence, it would be important to consider the fact some cultural practices encourage attitudes that promote discriminatory practices. Such practices require a thorough audit that must begin with the creation of systems of checks in order to determine the vulnerable groups within various organizations. Certain groups are largely considered as vulnerable or minorities within the dominant European thought (Schiek & Chege, 2008). Without specific structures, the various processes and issues could negatively affect such groups, which engage the interest of the EU. Europe has undergone a turbulent history, which has created divisions among nations. Over the times, differences in ideologies have continued to increase the rift between countries in ways that illustrate the difficult nature of associations. Underlying hostilities following the Cold War and other historical differences have tended to affect perceptions at the social level (Cotter, 2011, p. 104). Racism and gender discrimination were some of the challenged that cropped up during and in the aftermath of the festering tensions (Hansen & Hager, 2010). As a result, it has become necessary to consider the fact that some of the issues that connect the various aspects of social relations and perceptions to the historical forces that determine their being. The European Union’s concern with the subject of discrimination is informed by the need to reorder the European social landscape by addressing such historical injustices that make it difficult for countries to coexist in harmony. On this score, it would be necessary to consider the various ways in which countries can regulate underlying suspicions and unease in order to achieve a workable framework that could create some positive impact for the electorate. The determination of this reality requires sufficient focus on issues and attitudes through legal structures that help in easing of relations (Sargeant, 2008). Various aspects of change have often been regarded as fundamental to the manner in which societies act to achieve their goals. On this score, it would be fitting for societies to engage in specific actions that determine the course of events as stipulated in common goals and aspirations. Currently, the members states of the European Union have managed to adopt common positions in social matters that concern some of their deeply held policies. It is important to consider the fact that some of the issues that determine the choice laws must connect with the nature of legal and judicial varieties among the member states. The concern with the challenge of discrimination is particularly important in the process of attracting new members to the EU. The laxity that has been displayed within some of the countries that have been targeted for inclusion into the EU could be understood from the manner in which the countries adopt various perspectives on matters of discrimination (Howard, 2012). By creating a level playing field, the EU could have significant impact in convincing the reluctant members to join the union. The Eastern bloc, especially, has been reluctant to adopt part of the policies forwarded by the EU for fear that it could mean the abolition of some of their fundamental policies and national interests. The issues that affect the creation of stable societies require the adoption of policies and issues that effectively connect with long-term and short-term strategies. One of the long-term strategies for the EU is the creation of a strong community that would serve as the world’s moral compass in order to win the confidence of the members and non-members (European Commission, 2004). Since its establishment, the EU has managed to enter into resourceful cooperation with various countries and global bodies on matters that range from trade to global governance. The EU has sought to market itself around the world as a bastion of democracy and moral principles (Cichowski, 2007; Craig & De, 2011). In order to play out this role effectively, EU began with engaging with its internal weaknesses as a fundamental step towards entrenching its global influence. The fight against discrimination is one of the ways by which the union has sought to address the imbalances around the world. Beyond Europe, the influence of the EU has significantly reached to the developing democracy to impress upon the various governments on the principles of egalitarianism and good governance. Part of its success includes the significant roles it plays as a watchdog of democratic processes in Asia, Africa, the Arab world, and the rest of the world. The EU has had tremendous influence on encouraging the adoption of pluralism and tolerance in many parts of the world. These roles are consistent with its overall roles against discrimination. Part of its mission within Europe and the rest of the world have included the development of empowerment strategies for the minority groups and the disadvantaged. Promoting democracy entails the upholding of the ethics of equality and egalitarianism within societies. The EU has been significantly effective in imparting structural pressure on member countries to adopt practices and attitudes that connect within the overall goal of democratization. Changes in Eastern Europe and the widening of the democratic and social spaces within many parts of the European society are considered as examples of EU’s success. Works Cited Agarin, T, & Brosig, M 2009, Minority integration in Central Eastern Europe: Between ethnic diversity and equality, Rodopi, Amsterdam. Bell, M 2008, Racism and equality in the European Union, Oxford University Press, Oxford, England. Cichowski, R, A 2007, The European court and civil society: Litigation, mobilization and governance, Cambridge University Press, Cambridge, UK. Corry, D 1996, Economics and European Union migration policy, Institute for Public Policy Research, London. Cotter, A, M, M 2011, Culture clash: An international legal perspective on ethnic discrimination, Ashgate Publishers, Farnham, Surrey . Craig, P, P, & De, B, G 2011, EU law: Text, cases, and materials, Oxford University Press, Oxford. Davies, A, C, L 2012, EU labour law, Edward Elgar Pub, Cheltenham, UK. European Commission 2004, Equality and non-discrimination in an enlarged European Union. Office for Official Publications of the European Communities, Green paper, Luxembourg. European Commission 2008, Fighting discrimination in the European Union, Office for Official Publications of the European Communities, Luxembourg. European Commission 2008, The fight against discrimination and the promotion of equality: How to measure progress done, Office for Official Publications of the European Communities, Luxembourg. Falkner, G, Treib, O, & Holzleithner, E 2008, Compliance in the enlarged European Union: Living rights or dead letters? Ashgate, Aldershot, England. Fella, S, & Ruzza, C 2012, Anti-Racist Movements in the EU: Between Europeanisation and National Trajectories, Palgrave Macmillan, New York. Great Britain 2006, Proposed European Institute for Gender Equality: Report with evidence, The Stationery Office Ltd, London. Hansen, P, & Hager, S, B 2010, The politics of European citizenship: Deepening contradictions in social rights and migration policy, Berghahn Books, New York. Howard, E 2012, The EU race directive: Developing the protection against racial discrimination within the EU, Routledge, London. Kahn, P 2008, The European Union, Chelsea House, New York. Salama, P, & Council of Europe 2011, Migrants and fighting discrimination in Europe, Council of Europe Pub, Strasbourg. Sargeant, M 2008, The law on age discrimination in the EU, Kluwer Law International, Alphen aan den Rijn, The Netherlands. Schiek, D & Chege, V 2008, European Union Non-Discrimination Law: Comparative Perspectives on Multidimensional Equality Law, Routledge, London. Schiek, D, & Lawson, A 2011, European Union non-discrimination law and intersectionality: Investigating the triangle of racial, gender and disability discrimination, Ashgate Publishers, Burlington. Read More