ENAR Policy Seminar. From Racism to Equality? Realising the potential of European Anti-Discrimination Law 6-7 October 2006 Brussels. Aspirations vs. Reality The position of NGOs. Legal standing of organisations Dialogue with NGOs Situation testing Strategic Litigation. Legal Standing.
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From Racism to Equality?
Realising the potential of European Anti-Discrimination Law
6-7 October 2006
Article 7.2 of RED and 9.2 of the EED:
“ Member States shall ensure that associations, organisations or other legal entities which have in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of these Directives are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under these Directives”
Article 12 of RED and 14 of EED:
“Member States shall encourage dialogue with appropriate non-governmental organisations which have in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on grounds of racial and ethnic origin with a view to promoting the principle of equal treatment.”
Articles 10 of the RED and 12 of the EED:
“ Member States shall take care that the provisions adopted pursuant to this Directives, together with the relevant provisions already in force, are brought to the attention of the persons concerned by all appropriate means throughout their territory”
a person with a specific characteristic is treated less favourably than another person without this specific characteristic in a similar situation
What is it?
- Social change (and not necessarily success)
- Interpretation, clarification of the law
- Supporting the rule of law
- Legal education
- Documenting injustices
- Governmental accountability
- Changing public attitudes and empowering vulnerable groups
- No insurance about the outcome
- Burden carried by an individual
- Use of the law for wider interests /best interest of client
- Lack of public support?
- Negative result may reaffirm unfavourable law or practice