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I would like to share with you some of the experiences from the EU and Denmark on protectiion against discrimination and promoting equal treatment.

Within the European Union legislation has been adopted both at the Union level and in the member states with the purpose of translating the universal prohibition against discrimination into local regulation. The legal protection has become even stronger with the adoption of the Lisbon Treaty which introduces the right not to be discriminated against as a fundamental right.

The grounds encompassed by the prohibition on the member state level are: gender, age, ethnicity, disability, sexual orientation, reglion and belief. Legal protection is, however, still missing in the area of education when it comes to discrimination on the gorounds of age, sexual orientation, disability, religion and belief. A new directive is expected in 2010 which will include these grounds on all areas outside the labour matked, including education.

An effective remedy in translation the prohibition against discrimination into effective protection in the EU member states has been the setting up of National Equality Bodies with the power to review individual complaints on discrimination and in some countries also to pay damages.

These equality bodies also play an important role in promoting the values and principles in which the prohibition against discrimination is embedded via campaigns and/or material for pupils.

In Denmark, the Danish Institute for Human Rights has been engaged in the development of teaching material for primary school and in projects aiming at integrating equal treatment as a topic throughout the curricula in a school in Copenhagen.

I am convinced that a tripple strategy must be applied in order to achieve effective protection against discrimination: full legal protection covering discrimination and at the same time the setting up of structures that ensure access to have individual complaints reviewed by an independent body, as well as structures facilitating the promotion of anti-discrimination and equal treatment.

Let me point at different components of each string of a such non-discrimination strategy that are decisive for effective protection against discrimination:

Regulation should be supported by public administrative procedures that strengthen and support the principles of non-discrimination and equal treatment. This has been done throughout many years in Nordic and EU countries by applying the concept of mainstreaming. Hence, assessments of the impact of new legislation on discrimination and equal treatment have been integrated and are carried out as part of the preparatory work of Bills and administrative regulation. Moreover, impact assesments are made as part of the subsequent monitoring of correct application of legal regulation.

Easily accessible, affordable and effective administrative complaints handling systems are other necessary components of the legal system. Such bodies should be seen as complementary to the conventional judicial system as they may serve also as mediating organs that facilitate consensus oriented processes (rather than conflict improving.) It goes without saying that the independence and integrity of such administrative bodies are decisive for their effective functioning and ability to provide complainants with just and fair decisions. Most existing equality bodies within the EU have the power to review cases on discrimination within the education system. It could to be considered, though, whether the national context makes it necessary to set up specialized strutures for the field of education.

Just as important as the legal structures, are strucures or bodies with the purpose of promoting non-discrimination and equal treatment. It is thus of immense importance for the translation into local norms and practices that a body is appointed and vested with the mandate to promote diversity and equal opportunities for all. It is through contionuous commitment to and promotion of the idea of diversity as a positive potential and driver for the social and economic development of our countries, that we may achieve effective protection against discrimination. It is essential that we focus on the negative impact of stereotyping and prejudices in all areas of society, including – and perhaps especially – in education.

In 2008, when acting as Vice Director of the Danish Institute for Human Rights, I had a small film made based on an American excperiment from the1940s. It shows the choice of black children in Copenhagen when presented to a black and a white doll. Most of them prefer the white doll. This indicates a strong influence of a majority cultural majority and specific expectations and preferences concerning colour and ethnicity.
You may watch it here:
http://www.youtube.com/watch?v=oq7HL-1iRok

This phenomenon can only be changed if we start teaching non-discrimination and resepct for diversity in primary schools and have campaigns and information material reaching out to the rest of our societies.