Legal framework

• Pages: 11-14

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The rights to life, human dignity, equal treatment

and freedom of thought, conscience and religion

are universal human rights recognised in the

European Convention on Human Rights (ECHR)

and the Charter of Fundamental Rights of the

European Union. The protection and promotion

of these rights are intimately linked with the f‌ight

against antisemitism.

The Racial Equality Directive (2000/43/EC)10

prohibits discrimination on the grounds of racial

or ethnic origin in employment and in anumber

of other areas, and the Employment Equality

Directive(2000/78/EC)

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prohibits discrimination

in employment on the ground of religion or

belief, among others. The Victims’ Rights

Directive(2012/29/EU)12 establishes minimum

standards on the rights, support and protection

of victims of crime. It refers explicitly to victims

of hate crime, their protection and specif‌ic needs

related to their recognition, respectful treatment,

support and access to justice.

Council Framework Decision2008/913/JHA of

28November2008 on combating certain forms and

expressions of racism and xenophobia by means of

criminal law

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sets out to def‌ine acommon EU-wide

criminal law approach in the f‌ield of countering

severe manifestations of racism. This framework

decision aims to ensure that the same behaviour

constitutes an offence in all EU Member States, and

that effective, proportionate and dissuasive criminal

penalties (including the possibility of imprisonment)

are provided for natural and legal persons who

have committed or who are liable for offences

motivated by racism or xenophobia and, therefore,

also antisemitism. The framework decision also

10 Council Directive2000/43/EC of 29June2000 implementing the principle

of equal treatment between persons irrespective of racial or ethnic origin,

OJ2000L180.

11 Council Directive2000/78/EC of 27November2000 establishing ageneral

framework for equal treatment in employment and occupation, OJ2000L303.

12 Council Directive2012/29/EU of the European Parliament and of the Council of

25October2012 establishing minimum standards on the rights, support and

protection of victims of crime, OJ2012L315.

13 Council Framework Decision2008/913/JHA of 28November2008 on combating

certain forms and expressions of racism and xenophobia by means of criminal

law, OJ2008L328.

Legal framework

Treaty on European Union, Article2

The Union is founded on the values of respect for human

dignity, freedom, democracy, equality, the rule of law and

respect for human rights, including the rights of persons

belonging to minorities. These values are common to

the Member States in asociety in which pluralism, non-

discrimination, tolerance, justice, solidarity and equality

between women and men prevail.

Treaty on European Union, Article3(1)

The Union’s aim is to promote peace, its values and the well-

being of its peoples.

Treaty on the Functioning of the European Union,

Article19(1)

Without prejudice to the other provisions of the Treaties and

within the limits of the powers conferred by them upon the

Union, the Council, acting unanimously in accordance with

aspecial legislative procedure and after obtaining the consent

of the European Parliament, may take appropriate action to

combat discrimination based on sex, racial or ethnic origin,

religion or belief, disability, age or sexual orientation.

Charter of Fundamental Rights of the European Union,

Article21(1)

Any discrimination based on any ground such as sex, race,

colour, ethnic or social origin, genetic features, language,

religion or belief, political or any other opinion, membership

of anational minority, property, birth, disability, age or sexual

orientation shall be prohibited.