Discrimination Across Europe Compared to Britain - Essay Example

s Discrimination across Europe then compare with Britain (Inequalities in Health and social life) 'Although European and UK law gives men and women the right not to be discriminated against, discrimination still occurs. The EOC wants all forms of unlawful discrimination to stop.' (Equal Opportunities Commission, July 2005) Synopsis To address the subject of discrimination in Europe, concentrating on health and social life and its comparison within Britain, we will be considering issues concerning the changing face of the European Union and the measures that have been taken, and continue to be taken, to ensure the rights, freedom and liberty of its members. The findings of the recent Eurobarometer (January 2007), concerning the extent of discrimination within the European Union, will also be considered, along with recent government policies on discrimination and how these are being implemented within the EU. We will also be taking into consideration the work of Madeleine Leininger, who has long recognized the importance of understanding both cultural differences and similarities when caring for an intercultural community, and will be considering whether her theory can be applied within other sectors of the European Community. As the European Union has grown, so has its need for effective governance and accountability as government bodies and organizations seek to implement Europe's social and political charter. The question of accountability through networking has been criticized by some academics. In this paper we will be considering the critical analyse of Yannis Papadopoulos concerning governance and accountability through networking, taking into account its weaknesses and strengths, and what needs to be put into effect to ensure a European Union that is efficient and fair to all its citizens. Finally, we will be looking at discrimination within the United Kingdom and how this compares with Europe, concentrating mainly on recent changes in discrimination laws and their effectiveness. Introduction: Social justice for the people of Europe should be the objective of social polices; therefore 'respect and the promotion of fundamental rights should be both the starting point and the ambition of such policies'. (Brussels, 2005). Beginning its first anti-discrimination bills in 1957 with the Treaty of Rome, which provided men and women with the principle of equal pay, the European Union, fifty years on, is still fighting to enforce equality for all its members The Racial Equality Directive and the Employment Framework Directive (2000) were formed to give all citizens of the EU a general minimum level of legal protection against discrimination. These directives, adding to the numerous laws that have been put into place during the past thirty years, were established to prevent people from being discriminated against on the grounds of ethnic origin, race, religion, age or sex. Initially formed to protect people within the workplace, the changing face of Europe has meant placing social and health rights at the top of Europe's agenda during recent years, as the Union faces the challenge of an emergent, cosmopolitan community. From starting as an economic agreement between two countries, the European Union has now grown into a 25 Member State, with the acceptance of Bulgaria and Romania on the 1st January 2007, and it seems likely that it will continue to grow. Its Member States still enjoy the mutual benefits of the economic agreement that formed the Union in the first place, but as Europe's boarders have widened so has its identity, bringing into being a multinational society that has needed, and still needs, to create new laws to protect its members from social injustice. The Eurobarometer - Injustice Within Modern Europe: Growth means change; it means accepting that things are no longer going to be the same; it means welcoming new methods, new world views and new values. And, as the European Community has grown, accepting countries that just a few years ago were viewed with suspicion and mistrust, it now has to learn to accept, to live with, those who have different values, different traditions and creeds. Throughout the European Union people are crossing boarders in the hope of a better life; perhaps leaving family behind, but still bringing new cultures, strange beliefs and foreign religions with them. And, it is this very hotpot of cultural and religious misunderstanding, which results in so much widespread discrimination, which has put the question of social and health rights at the top of Europe's social program. During recent years there has been a great deal of debate pertaining to discrimination in Europe throughout many government bodies, International organizations and pressure groups, relating to both social and health matters in the European Community. Concern over discrimination is just as wide-spread as the discrimination itself that the Union's members' face, and the implementation of these laws 'constitute a common shared basis for all policy of governments as well as civil society in Europe'. (U. Haubner, Brussels, 2005) The Eurobarometer, a survey concerning discrimination and inequality in Europe, was conducted by TNS Opinion & Social for the European Commission DG Employment, Social Affairs and Equal Opportunities, in the twenty-five Member States of the European Union and in the two acceding countries between 7th June and 12th July 2006. The results, which show the extent of discrimination facing Europeans, were presented at the launching of the 'Year of Equal Opportunities for All', (European Commission, Special Eurobarometer, January 2007) on 23rd January 2007. The aim of this initiative is to make Europe's citizens conscious of their 'constitutional rights to non-discrimination and equality, to promote identical opportunities for all, and to endorse the benefits of multiplicity within the EU'. (European Commission, January 2007). There are several key issues key issues that form the focus of the European Year, which include respect, tolerance, representation, rights and recognition. Vladimir Spilma, the Commissioner for European Employment, Social Affairs and Equal Opportunities said, "Europe must work towards real equality in practice. The 'European Year of Equal Opportunities for All' and the framework strategy will provide a new drive towards ensuring the full application of EU anti-discrimination legislation, which has encountered too many obstacles and delays. Fundamental rights, non-discrimination and equal opportunities will remain key priorities for the Commission." (European Commission, 2007). The extent of discrimination throughout the European Community. Although the immigrant communities that are the centre of multicultural debate change from one country to the next - Turkish in Austria and Germany, North African's in France, and Pakistani's in the UK - it is progressively Islamic values and beliefs that are perceived as a threat to European democracy and stability. This fact is reflected in both the continuous tightening of immigration controls throughout Europe that began in the 1980's, and in more recent legislation that continues to be strengthened. Police checks throughout Europe are constant, with most countries having regulations that give the national police force far more power than that of the UK. This has led to what could be seen as discrimination against ethnic groups and minorities, as they tend to be controlled far more than nationals. 'They aren't in themselves a force for repression, [the police] but in the current climate of security hysteria they facilitate it... Young people of Algerian or Moroccan descent are being checked six times a day.' (Privacy International, 2006, Online) Political leaders do recognize that they have a need for migrant labour, due to the ageing population of most Member States, and so they try to juggle economic need without appearing to have an 'open-door' policy. This means that nowadays the main way of entering most European countries legally is either through family reunification, asylum or through being a skilled worker. Integration is a concept that continues to be hotly debated as academics, policy makers and journalists challenge the extent to which Muslim minorities (in particular) have integrated into conventional society and whether they have really accepted democratic and egalitarian values. While multiculturalism, whether as a policy or simply a description of societies, prevailed until the late 1990's, the theory is now under attack due to the lack of integration that is evident throughout Europe to a greater or lesser extent. There is also deliberation on whether or not Europe has simply created parallel communities; that is to say an area filled with people that share the same physical space but who have little contact with, or any real understanding of, wider society. This view is clearly expressed by European's when regarding the problems that the UK faces. To the European mindset, integration has not occurred when the children of migrants within the UK, often second or third generation, are involved in terrorist activities. It is the reason for the fear, so often misplaced, and yet so prevalent, of Europeans when regarding the lack of success that the UK is experiencing in the area of integration. As the European Community grows, so does the need for its members to comprehend, tolerate and accept the differences of those countries joining its ranks - of which the same can be said for those immigrants who choose to live in Western, democratic countries. And, as the Union opens its doors, or boarders, to countries with fewer opportunities, it is understandable that people will cross formerly forbidden frontiers to find a better situation. The recent Eurobarometer (European Commission, January, 2007), shows clearly to what extent discrimination exists throughout the Union, plainly demonstrating that Europe has some work to do if she is to eradicate prejudice in the areas of ethnic origin, disability, sexual orientation, religion and gender. Almost 2 Europeans out of 3 (64%), felt that discrimination based on ethnic origin is extensive within their country, while 1 in 2 Europeans considered discrimination based on disability and sexual orientation to be common. An appalling majority consider it to be a disadvantage to be disabled (79%), to be Roma (77%), or to be over fifty (69%). (Special Eurobarometer, 2006) When considering the results of the Eurobarometer, it is important to understand that a person's perception and opinion concerning discrimination is usually fashioned on the basis of personal experience, and values (both culturally and socially), as well as on actual contextual events. It also very much depends on what that individual would see as the norm. It is interesting to note, when reading the results of the Eurobarometer, that those countries which formed the original ten countries of the EU are seemingly more tolerant in certain areas (women in management positions and politics, for example), which perhaps points to some success in the implementation of educational resources and pressure groups. But even amongst these countries, which would include the UK, there is still massive intolerance and misunderstanding towards those who are different. Approximately half (51%) of Europeans feel that there needs to be more effort to fight discrimination in their country, although this does vary between the Member States. For the most part, however, it is seen as the responsibility of educational institutions and parents, although the media and government bodies are seen as having a role to play. Something that is clear when considering the results of the Eurobarometer is that there is little awareness of the existence of anti-discrimination laws in Europe, although this does depend on the type of discrimination. For example, it would seem that more that 50% of Europeans are aware of the discrimination laws concerning disability, whereas only 31% realise that laws also exist for discrimination on the basis of age and sexual orientation. (European Commission, January, 2007). Understanding Culture - A Key to Equality The fundamental right to health and the right of access to health care are both mandatory within the European Union, and the recognition of widespread discrimination within this sphere has instigated a review of European health policies. New anti-discrimination laws have been, or are in the process of being, put into effect concerning disability and healthcare as Europe tries to ensure that all people within her boarders enjoy the same rights to health and access to health care. Perhaps one of the keys to fighting discrimination in the area's of disability and health is through understanding culture. A recent example of this apparent lack of understanding was highlighted in France when a Muslim man attacked a male gynaecologist for touching the stomach of his pregnant wife during a routine examination. (France Television, 2007) Muslim law dictates that no man can touch the wife of another, and this cultural belief and value was not taken into consideration by the Western specialist concerned. The need to understand and accept different cultures, which helps to eradicate discrimination and misunderstanding on both sides of the fence, has long been recognised by forerunners such as Madeleine Leininger, who became the leading expert concerning knowledge in relation to culture from a nursing perspective. Through her understanding of the importance of cultural identity and the need to incorporate that into nursing care, she established the theory of 'Culture Care Diversity and Universality' in the 1950's. Her 'Theory of Transcultural Nursing' (1978) has become a key caring hypothesis throughout the world, with a distinctive stress on nursing as a means to know and help those from other cultures. Leininger teaches that 'human care is what makes people human, gives dignity to humans, and inspires people to get well and to help others' and also claims that there can be 'no curing without caring, but caring can exist without curing' (Leininger, 1984, 1988a). Her work is widely recognized and accepted throughout the nursing world as a valid theory that does indeed cross cultural boarders. Incorporating the fundamental basis of Leininger's theory into the political arena, into our workplaces, our homes, our schools and our religious institutions, would help to eradicate discrimination. One of the most basic of human needs is to be understood for who we are as people. Leininger understood this need for cultural understanding when she formed the essential concepts of transcultural nursing, and her theory has stood the test of time - trancultual nursing does indeed cross cultural boarders. The same principles, refashioned in such a way as to facilitate those working among minority groups, needs to be implemented by those responsible for the functioning of Europe's social charter. Human beings all have a basic need to be understood for who they are as individuals, within any given setting and at any given era. Political Networking - Governance and Accountability Governing Europe as a whole is a complex and difficult situation that calls for mutual networking and accountability at all levels of society. The implementation of European law, in no matter what political or social arena, needs to be a mutual, grave undertaking by all the Union's Member States. Several academic studies have been carried out by those concerned with the difficulties of governing a multi-cultural Europe, with an emphasis being placed on organizational networking and sober accountability. Governance within this frame would then refer to 'sustaining co-ordination and coherence among a wide variety of actors with different purposes and objectives such as political actors and institutions, corporate interests, civil society, and transnational governments" (Pierre 2000: 3-4). In its muti-level form, it includes 'a large number of decision-making arenas () differentiated along both functional and territorial lines, and (),interlinked in a non -hierarchical way (Eberlein & Kerwer 2004: 128). However this type of governance, as has been highlighted by Yannis Papadopoulos, entails accountability problems that will need to be addressed if Europe is to succeed in creating a socially just Europe. At present 'the relations between those actors involved in such networks are weakly exposed to public scrutiny and to the scrutiny of the legitimate democratic and representative bodies' (Papadopoulos, 2003), which would leads to little accountability. However, this does not mean that those actors involved in governance networks are not accountable at all. 'Professional accountability, reputational and market accountability, fiscal/financial, administrative and legal accountability does exist, but are fragmented and uncoordinated, working within a framework that is incoherent.' (Papadopoulos, 2003) This, according to Papadopoulos, will need to change if Europe is going to succeed in creating a democratic society that benefits every member of Europe. (Papadopoulos, 2003) Differences between the UK and Europe: Anti-discrimination laws, since first being introduced in the UK during the 1970's, have developed both inconsistently and erratically, meaning that effective governance is complicated, inaccessible, and unfair - as it is throughout Europe. It was due to these problems that the UK's Equality Bill, which 'outlines distinctive governance arrangements on disability', (Europa, 2007) was introduced into Parliament in March 2005. The Commission for Equality and Human Rights (CEHR) will 'bring together existing equality bodies for sex, race and disability and cover new areas of discrimination law including sexual orientation, religion and belief, and age. It will also have human rights within its remit'. (Europa, 2007) The White Paper Fairness For All (May 2004) outlined the Government's programme for the new commission. Included was the promotion of equality of opportunity and human rights, challenging discrimination and the endorsement of citizenship and social cohesion. The commission will be expected to encourage awareness and good practice on equality and diversity; to promote both awareness and understanding of human rights; to promote 'equality of opportunity', working towards 'eliminating unlawful discrimination and harrassment'; to encourage 'good relations between different communities, keeping discrimination and human rights legislation under review', and to be a 'source of expertise on equality and human rights.' (CEHR, 2006) Before being allowed to join the European Community the UK was required to introduce the 1970 Equal Pay Act, which gave the right to equal pay within the UK for the first time. Introduced to cover not only the right to be paid equally when doing the same job as a male, but also when doing work of equal value, it gave women throughout the UK both recognition within the workplace and as part of Britain's workforce. Today, although the UK still hasn't succeeded in fully ensuring equal pay for women, it is one of the fairest within the EU, (European Industry Relations Observatory [Online] 2002), according to a study that was carried out by Eurostat (2001). The survey shows that the gender gap has reduced in seven out of the then 13 Member States (there was no information on either France or Italy). When considering the differences between Europe and the UK, we need to bear in mind the fact that all countries within the European Union are subject to the same treaties, laws and agreements. The question then is more on how the implementations of those laws are being attained within each Member State. That discrimination still frequently occurs throughout Europe is evident, what is being done about it is often not so clear. 'The EU has been the force behind much policy change that has made a real difference for women in the UK, but new initiatives are welcome. In the UK the Government is taking action to promote gender equality. We would like to see this reflected in Europe'. (EOC, 2006, Italics mine) Within the comparison between Europe and the UK, France stands out as one of those countries that are having problems in implementing European legislation concerning discrimination. That mounting tensions concerning ethnic and minority communities in countless European countries, especially towards the Roma, Travellers, North Africans, Turks, Jehovah's Witnesses, Muslims and those of other faiths, is clear. The riots throughout the main cities of France during 2005 were due to racial tension, caused by unsatisfactory living and working conditions, and the second-class citizenship that those of ethnic and minority groups have to suffer. It is well known within France that to have a foreign name is a disadvantage when trying to find work. 'There is of course a huge well of fury and resentment among the children of North African and African immigrants in the suburbs of French cities. The suburbs have been woefully ignored for 30 years. Violence there is regular and unexceptionable. Even on a normal weekend, between 20 and 30 vehicles are regularly attacked and burned by rioters.' (BBC News, 2005) Integration then, as has already been mentioned in this paper, is an on-going problem for the Member States of the European Union. Conclusion Throughout this paper we have seen that despite ever increasing and complex legislation to fight discrimination in the matter of social and health equalities throughout Europe, discrimination is still widespread throughout the European Community. The study of discrimination and inequality within Europe is challenging, mainly due to the lack of data. And, because Europe is so sensitive to discrimination, the collection of statistics and records on discrimination is almost forbidden. This problem leaves a gaping hole when attempting to gather any information on religious activity, policing within Europe and those detained for possible terrorist activities. Many people within the European Community have problems accepting that not all Muslims are terrorists; that not all Roma are thieves; that not all people of same-sex couples are perverts, and that these people all have the same social and health rights due to their being part of the EU. Illness, especially being handicapped in any form, is considered to be a huge disadvantage and far more rights need to be put in place if people with disabilities are to enjoy the same liberties and equalities that are considered a normal part of life for other inhabitants of the EU. A recent example of this lack of facilities that deny essential human equality was demonstrated in France during the present elections (France Television, January 2007) when the two main contenders for the Presidential seat presented their political and social programme. Neither speech was covered by someone using sign language so that the members of the deaf community could understand who they could vote for - something that has long been present within the UK. However this issue raises another problem. When considering the differences between the Member States of the European Community is has to be said that not all have the same economic facilities. France, Portugal and Spain, for example, are all countries that are suffering from high unemployment. France's economic situation is grave, with over six million unemployed, a national debt that is crippling the country, and her streets filled with the homeless. With her boarders wide open, she has to deal with an influx of people who come from poorer countries, while not having the means to look after her own people. This fact is beared out within the results of the Eurobarometer, which clearly express that most Europeans (91%) believe that more money should be spent on helping the disabled and those suffering long-term health problems. Perhaps at times the problem is not just that of discrimination, but of the means to empower the rights of those with fewer advantages. Structures, networking and accountability will all have to be put into place in a far more complex and significant way if Europe is to overcome discrimination. Putting laws into place is only a part of the problem; far more successful means of implementing those laws need to be found. Education is part of the answer, as has been mentioned, and the need for cultural understanding and acceptance. The Eurobarometer showed that when people are in contact with someone different, such as those with different sexual preferences, that with disabilities, or someone from a different cultural or religious background, often means that discrimination is greatly reduced. (Eurobarometer, January 2007) As Europe looks forward, as she tries to eradicate all forms of discrimination, she will need to ensure that the policies that are formed are implemented through networking and accountability. Through educational resources realistic strategies need to be put in place that are culturally relevant and pertaining to the individual freedom of those concerned. And, finally, Europe needs to find ways that will help those of different cultural backgrounds to find freedom of expression and practication of personal beliefs and values, which although different to the adopted country, can still be adhered to without causing fear to those of different persuasions. 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