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5.1. Instructions to Discriminate
5.1.1. Development of European and Inetrnational Law
5.1.1.A. Incitement to Discriminate
5.UN.1. International Covenant on Civil and Political Rights
5.UN.2. Human Rights Committee, General Comment No 11: prohibition of propaganda for war and inciting national, racial or religious hatred
5.UN.3. Convention on the Elimination of Racial Discrimination
5.UN.4. Committee on the Elimination of Racial Discrimination, General Recommendation 15, Measures to eradicate incitement to or acts of discrimination
5.EC.5. The Council of the European Union, 96/443/JHA: Joint Action of 15 July 1996 adopted by the Council on the basis of Article K 3 of the Treaty on European Union, concerning action to combat racism and xenophobia
5.EC.6. European Commission, Staff Working Paper, Legal reasoning for not referring to the concept of “public incitement to discrimination” in the Commission’s proposal for a Council Framework Decision on combating racism and xenophobia
5.EC.7. Council of the European Union, Proposal for a Council Framework Decision on Combating Racism and Xenophobia
5.UN.2. Human Rights Committee, General Comment No 11: prohibition of propaganda for war and inciting national, racial or religious hatred
5.UN.3. Convention on the Elimination of Racial Discrimination
5.UN.4. Committee on the Elimination of Racial Discrimination, General Recommendation 15, Measures to eradicate incitement to or acts of discrimination
5.EC.5. The Council of the European Union, 96/443/JHA: Joint Action of 15 July 1996 adopted by the Council on the basis of Article K 3 of the Treaty on European Union, concerning action to combat racism and xenophobia
5.EC.6. European Commission, Staff Working Paper, Legal reasoning for not referring to the concept of “public incitement to discrimination” in the Commission’s proposal for a Council Framework Decision on combating racism and xenophobia
5.EC.7. Council of the European Union, Proposal for a Council Framework Decision on Combating Racism and Xenophobia
5.1.1.B. Instructions to Discriminate
5.1.2. National Law
5.1.2.A. Instructions to Discriminate as part of Incitement to Discriminate
5.LT.9. Lithuanian Penal Code
5.LU.10. Council of State, Opinion of 7 December 2004
5.BE.11. Belgian Act of 30 July 1981 on the punishment of certain acts motivated by racism or xenophobia
5.BE.12. Belgian Penal Code
5.BE.13. Criminal Court, 27 March 1995, Openbaar Ministerie, Hamid B, Stephan A, George S, Azeen M, Singh R, CGKR v Martine M, Mario G, Marc D. an instruction by a bar manager to his employees not to serve foreigners in order to incite them to leave the place
5.BE.14. Criminal Court, 24 December 2002, Openbaar Ministerie, Saida K, Hatem H, Mohmed H, Abdelgaafer H v AVH, police Commissioner; 2. (…); 3 KDB, politie-inspecteur. violation of article 1.2 and 4 of the “Act of 30 July 1981 on punishment of certain acts motivated by racism or xenophobia”
5.LU.10. Council of State, Opinion of 7 December 2004
5.BE.11. Belgian Act of 30 July 1981 on the punishment of certain acts motivated by racism or xenophobia
5.BE.12. Belgian Penal Code
5.BE.13. Criminal Court, 27 March 1995, Openbaar Ministerie, Hamid B, Stephan A, George S, Azeen M, Singh R, CGKR v Martine M, Mario G, Marc D. an instruction by a bar manager to his employees not to serve foreigners in order to incite them to leave the place
5.BE.14. Criminal Court, 24 December 2002, Openbaar Ministerie, Saida K, Hatem H, Mohmed H, Abdelgaafer H v AVH, police Commissioner; 2. (…); 3 KDB, politie-inspecteur. violation of article 1.2 and 4 of the “Act of 30 July 1981 on punishment of certain acts motivated by racism or xenophobia”
5.1.2.B. Penal Code Provisions on Accomplices
5.FR.15. French Penal Code
5.FR.16. French Penal Code
5.FR.17. French law on press freedom of 29 July 1881
5.FI.18. Finnish Non-Discrimination Act, HE 44/2003
5.FR.16. French Penal Code
5.FR.17. French law on press freedom of 29 July 1881
5.FI.18. Finnish Non-Discrimination Act, HE 44/2003
5.1.2.C. Instructions to Discriminate as a Form of Discrimination
5.GB.19. Race Relations Act 1976
5.GB.20. Employment Appeal Tribunal, 15 November 1982, BL Cars Ltd and another (appellants) v Brown and others (respondents). instructions to discriminate can also amount to a detriment in a claim for direct discrimination
5.GB.21. Employment Appeal Tribunal, 23 October 1983, Showboat Entertainment Centre Ltd v Owens. an employee, who is dismissed for failing to follow instructions to discriminate against customers
5.DE.22. Labour Court, 3rd Chamber, 10 December 2003. an instruction not to employ Turks if there are sufficient applicants of other backgrounds is not unlawful
5.GB.20. Employment Appeal Tribunal, 15 November 1982, BL Cars Ltd and another (appellants) v Brown and others (respondents). instructions to discriminate can also amount to a detriment in a claim for direct discrimination
5.GB.21. Employment Appeal Tribunal, 23 October 1983, Showboat Entertainment Centre Ltd v Owens. an employee, who is dismissed for failing to follow instructions to discriminate against customers
5.DE.22. Labour Court, 3rd Chamber, 10 December 2003. an instruction not to employ Turks if there are sufficient applicants of other backgrounds is not unlawful
5.1.2.D. Beyond Instructions to Discriminate
5.GB.23. Sex Discrimination Act 1975
5.GB.24. Race Relations Act 1976
5.GB.25. Employment Appeal Tribunal, 17 December 1982, The Commission for Racial Equality v The Imperial Society of Teachers of Dancing. meaning of inducing or attempting to induce a person to discriminate. meaning of procuring or attempting to procure
5.NIR.26. Fair Employment and Treatment (Northern Ireland) Order
5.GB.27. Equality Act 2006
5.GB.28. Equality Bill, Standing Committee A, Hansard, 6 December 2005 Clause 54. Instructing or causing discrimination
5.IE.29. Irish Employment Equality Act 1998
5.IE.30. Irish Equal Status Act 2000
5.GB.24. Race Relations Act 1976
5.GB.25. Employment Appeal Tribunal, 17 December 1982, The Commission for Racial Equality v The Imperial Society of Teachers of Dancing. meaning of inducing or attempting to induce a person to discriminate. meaning of procuring or attempting to procure
5.NIR.26. Fair Employment and Treatment (Northern Ireland) Order
5.GB.27. Equality Act 2006
5.GB.28. Equality Bill, Standing Committee A, Hansard, 6 December 2005 Clause 54. Instructing or causing discrimination
5.IE.29. Irish Employment Equality Act 1998
5.IE.30. Irish Equal Status Act 2000
5.1.2.E. Aiding Unlawful Acts
5.HU.31. Hungarian Act CXXV of 2003 on equal treatment and on fostering equal opportunities
5.HU.32. Hungarian Act XXII of 1992 on the Labour Code
5.HU.33. Hungarian Act XXII of 1992 on the legal status of civil servants
5.HU.34. Hungarian Act XLIII of 1996 on the service status of professional members of the armed services
5.HU.35. Hungarian Act IV of 1959 on the Civil Code
5.GB.36. Race Relations Act 1975
5.NIR.37. Fair Employment and Treatment (Northern Ireland) Order
5.GB.38. House of Lords, 22 March 2001, Hallam and another (applicants) v Cheltenham Borough Council and others (Respondents). a degree of knowledge of the consequences of one’s actions is needed to show that one has “knowingly aided” another to discriminate
5.GB.39. House of Lords, 22 March 2001, Anyanwu and another (applicants) v South bank University Students Union and South Bank University (respondents), Commission for Racial Equality (Interveners). distinguishing aiding discrimination from inducing or procuring discrimination
5.HU.32. Hungarian Act XXII of 1992 on the Labour Code
5.HU.33. Hungarian Act XXII of 1992 on the legal status of civil servants
5.HU.34. Hungarian Act XLIII of 1996 on the service status of professional members of the armed services
5.HU.35. Hungarian Act IV of 1959 on the Civil Code
5.GB.36. Race Relations Act 1975
5.NIR.37. Fair Employment and Treatment (Northern Ireland) Order
5.GB.38. House of Lords, 22 March 2001, Hallam and another (applicants) v Cheltenham Borough Council and others (Respondents). a degree of knowledge of the consequences of one’s actions is needed to show that one has “knowingly aided” another to discriminate
5.GB.39. House of Lords, 22 March 2001, Anyanwu and another (applicants) v South bank University Students Union and South Bank University (respondents), Commission for Racial Equality (Interveners). distinguishing aiding discrimination from inducing or procuring discrimination
5.1.3. Comparative Overview
5.2. Victimisation
5.2.1. Development of EC Law
5.EC.40. Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
5.EC.41. Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes
5.EC.42. Council Directive 2000/43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
5.EC.43. Council Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
5.EC.44. Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions (76/207/EEC) as amended by Directive 2002/73
5.EC.45. ECJ, 22 September 1998, C – 185/1997, Belinda Jane Coote v Granada Hospitality Limited. victimisation covers the employer’s actions in relation to the employee after the employment relationship has ended
5.EC.46. M M Sierra, Towards Equal Treatment: Transposing the Directive – Analysis and Proposals
5.EC.41. Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes
5.EC.42. Council Directive 2000/43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
5.EC.43. Council Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
5.EC.44. Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions (76/207/EEC) as amended by Directive 2002/73
5.EC.45. ECJ, 22 September 1998, C – 185/1997, Belinda Jane Coote v Granada Hospitality Limited. victimisation covers the employer’s actions in relation to the employee after the employment relationship has ended
5.EC.46. M M Sierra, Towards Equal Treatment: Transposing the Directive – Analysis and Proposals
5.2.2. National Legislation and Case-Law
5.IE.47. Equality Tribunal, A claimant v A department store. seriousness of victimisation
5.FI.48. Finnish Non-Discrimination Act
5.FI.49. Finnish Act on Equality between Women and Men
5.NL.50. Dutch General Equal Treatment Act
5.IE.51. Irish Employment Equality Act 1998–2004
5.IE.52. Irish Equal Status Act 2000
5.GB.53. Court of Appeal, 3 July 1997, Waters v Commissioner of Police of the Metropolis. protection from victimisation requires claimant to reveal facts capable in law of amounting to an act of discrimination
5.GB.54. Employment Equality (Religion and Belief) Regulations 2003
5.DE.55. German General Equal Treatment Act
5.GB.56. House of Lords, 16 July 1999, Swiggs and others v Nagarajan. motivation of discrimination irrelevant to a victimisation claim
5.FI.48. Finnish Non-Discrimination Act
5.FI.49. Finnish Act on Equality between Women and Men
5.NL.50. Dutch General Equal Treatment Act
5.IE.51. Irish Employment Equality Act 1998–2004
5.IE.52. Irish Equal Status Act 2000
5.GB.53. Court of Appeal, 3 July 1997, Waters v Commissioner of Police of the Metropolis. protection from victimisation requires claimant to reveal facts capable in law of amounting to an act of discrimination
5.GB.54. Employment Equality (Religion and Belief) Regulations 2003
5.DE.55. German General Equal Treatment Act
5.GB.56. House of Lords, 16 July 1999, Swiggs and others v Nagarajan. motivation of discrimination irrelevant to a victimisation claim
