Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-04-01-Speech-3-086"

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"en.20090401.14.3-086"2
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"Mr President, ladies and gentlemen, I appreciate the great interest in this proposal, the proof of which lies in the large number of amendment proposals it has given rise to. This shows that the fight against discrimination in everyday life is a constant priority for most of us, even during a serious economic crisis. I also welcome the excellent report submitted by Mrs Buitenweg and approved by the Committee on Civil Liberties, Justice and Home Affairs, as well as the remarkable contribution from Mrs Lynne and the Committee on Employment and Social Affairs. I also agree in essence with some of the comments on the concept of physical disability that are included in your amendment proposals. However, I think it is necessary to point out that the wording of the legal regulation must be very precise. I agree with some of the other ideas that were expressed, but in my opinion it is necessary to ensure that Article 4 is concise and intelligible. Ladies and gentlemen, I look forward to hearing your opinions, which I will respond to in the debate. The draft report supports the ambition and the attempts of the draft directive submitted by the Commission. In my opinion the rapporteur has managed to reconcile different viewpoints and to achieve a broad consensus between the various political groups. I would like to applaud the supporting role played by Parliament in submitting the draft directive. As far as the proposed amendments are concerned, I agree with many of the improvement suggestions contained in the draft report. Nevertheless I would like to say that this draft requires unanimous consent in the Council and we must therefore remain realistic. I know that the problem of multiple discrimination is fundamental to you. I am fully aware of the fact that people who are victims of multiple discrimination are very seriously affected. However, at the same time I do think that as this directive applies to only four possible causes for discrimination, this problem cannot be definitively resolved at a legal level. In the Commission Communication on non-discrimination of July 2008 we committed to launching a discussion on this issue among the newly-established groups of government experts. The discussion has been launched. So the question of multiple discrimination is not being neglected. I could agree to a reference to multiple discrimination in the areas covered by this draft directive. I agree that we must define the division of powers between the EU and the Member States more clearly. The directive will not change the definition as such, but our aim is to achieve the greatest possible degree of legal certainty. I also accept that freedom of expression must be taken into account when considering cases of alleged victimisation. However, we ought to be aware that the concept of victimisation requires strong proof. Human dignity must be at stake and there must a hostile or humiliating environment. I agree to the inclusion of the concept of ‘discrimination’ by association” in the sense of the recent judgement in the Coleman case, but this concept should be applied only where there is direct discrimination and victimisation. As far as financial services are concerned, I agree that there is a need for service providers to implement a certain level of transparency, but I have certain doubts about the formulation used in your draft. I fully agree that the directive should not apply to purely private transactions. The positions of the Commission and Parliament are very similar here. As far as the physically disabled are concerned, I can support a reference to the open definition of physical disability used in the UN Convention on the Rights of Persons with Disabilities."@en1
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