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Accessing Justice tools and methods to fight discrimination in working life

Accessing Justice tools and methods to fight discrimination in working life. Final Conference of the EU Project Access to Justice. Accessing Justice 28-29 Nov. 2006. The EU Project Access to Justice. Presentation by Anette Sjödin

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Accessing Justice tools and methods to fight discrimination in working life

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  1. Accessing Justicetools and methods to fight discrimination in working life Final Conference of the EU Project Access to Justice Accessing Justice 28-29 Nov. 2006

  2. The EU Project Access to Justice Presentation by Anette Sjödin The Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL) Accessing Justice 28-29 Nov. 2006

  3. The EU Project 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

  4. Objectives • 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 andaddress differences between national legislation and the Employment Directive Accessing Justice 28-29 Nov. 2006

  5. The Steering Group • 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

  6. Differences • 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

  7. Basic 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

  8. Basic 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

  9. Activities and Products • National Networks • Experience exchange • Seminars, conferences and training sessions • National handbooks • European Guide for Practitioners • An 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

  10. Activities and Products • National Networks • Experience exchange • Seminars, conferences and training sessions • National handbooks • European Guide for Practitioners • An 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

  11. Content • Why does discrimination occur? • Discrimination definitions • Grounds of discrimination • Using the new rights • Providing support • Different needs and approaches • More information and key European actors Accessing Justice 28-29 Nov. 2006

  12. Why discrimination? • Discussing the structures and mechanisms that create discrimination • Majority groups formulate a concept of what is normal • Often unspoken and perceived as common sense • Consolidates solidarity, a sense of belonging • May sustain power inequalities • May result in discrimination of minority groups Accessing Justice 28-29 Nov. 2006

  13. Master Suppression Techniques … a tool to identify signs of discrimination • Making Invisible • Forgotten, overlooked or ignored • Ridiculing • Not taken seriously; made fun of • Withholding Information • Denied information about important issues at work • Damned If You Do and Damned If You Don’t • No chance to get it right; a “Catch 22” • Heaping Blame and Putting to Shame • Being told that you’re not good enough Accessing Justice 28-29 Nov. 2006

  14. Definitions in the Directive • Direct Discrimination • Indirect Discrimination • Harassment • Victimisation Accessing Justice 28-29 Nov. 2006

  15. Discrimination Grounds • Age • Disability • Sexual Orientation Accessing Justice 28-29 Nov. 2006

  16. Using the New Rights • Duties of the Member States • Required to provide information • When does the directive apply? • Access to employment, self-employment, and specific occupations, including selection criteria, recruitment conditions, etc. • Burden of Proof • Shared responsibility Accessing Justice 28-29 Nov. 2006

  17. Providing Support • Examples of what your organisation can do: • Provide a helpline • Provide discriminated-against persons with information about their rights • Provide the necessary legal support • Empower the discriminated-against person • The Importance of Good Case Management • Different roles for different organisations • Steps in Case Management • Documentation • Strategy of action Accessing Justice 28-29 Nov. 2006

  18. Different Needs and Approaches • Great Britain • Capacity building on age discrimination • Sweden • Checklist • Romania • Taking cases Accessing Justice 28-29 Nov. 2006

  19. Links to More Information • Key actors—a few of them … • Access to Justice: National Networks www.accesstojustice.se Accessing Justice 28-29 Nov. 2006

  20. - Tomorrow Activities and Products • National Networks • Experience exchange • Seminars, conferences and training sessions • National handbooks • European Guide for Practitioners • An 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

  21. Accessing Justicetools and methods to fight discrimination in working life Final Conference of the EU project Access to Justice Accessing Justice 28-29 Nov. 2006

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