Post on 14-Apr-2018
transcript
7/27/2019 1696 Pub Migrants Minorities Employment En
1/96
Migrants, minorities and employment
Exclusion and discrimination in the 27 Member States ofthe European Union
Update 2003 2008
7/27/2019 1696 Pub Migrants Minorities Employment En
2/96
Cover picture: iStockphoto
More inormation on the European Union is available on the Internet (http://europa.eu).
FRA - European Union Agency or Fundamental Rights
Schwarzenbergplatz 11
1040 WienAustria
Tel.: +43 (0)1 580 30 - 0
Fax: +43 (0)1 580 30 - 691
Email: inormation@ra.europa.eu
ra.europa.eu
Cataloguing data can be ound at the end o this publication.
Luxembourg: Publications Of ce o the European Union, 2011
ISBN 978-92-9192-497-4doi: 10.2811/43290
European Union Agency or Fundamental Rights, 2010
Reproduction is authorised, except or commercial purposes, provided the source is acknowledged.
Printed in Belgium
PRINTEDONWHITECHLORINE-FREEPAPER
This report addresses matters related to the principle of non-discrimination (Article 21)
and the right to fair and just working conditions (Article 31) falling under the Chapters III
Equality and IV Solidarity of the Fundamental Rights Charter of the European Union.
http://europa.eu/mailto:information@fra.europa.euhttp://fra.europa.eu/fraWebsite/home/home_en.htmhttp://fra.europa.eu/fraWebsite/home/home_en.htmmailto:information@fra.europa.euhttp://europa.eu/7/27/2019 1696 Pub Migrants Minorities Employment En
3/96
Migrants, minorities and employment
Exclusion and discrimination in the 27 Member States of
the European Union
Update 2003 2008
7/27/2019 1696 Pub Migrants Minorities Employment En
4/96
7/27/2019 1696 Pub Migrants Minorities Employment En
5/96
Background to the report
This report is one o a series o comparative reports produced by the European Union Agency or Fundamental
Rights (FRA) since 2003. These reports bring together every ew years the data and inormation provided
nationally by the FRA RAXEN National Focal Points on discrimination and related issues regarding migrants
and minorities in selected areas o social lie. Since 2003, the Agency has produced such comparative
reports in the areas o employment (2003), legislation (2004), education (2004), racist violence (2005) and
housing (2006). Among the aims o the reports are to highlight themes which emerge when the data
is considered cross-nationally, to identiy any signs o trends which can be perceived over the period o
years under consideration, and to point to issues o uture concern to policy makers or researchers.
This report begins the cycle again and covers the area o employment or the second time. The rst such
comparative employment report, published in 2003, covered data collected by the RAXEN National Focal
Points in the area o employment between 2001 and 2003, covering the then 15 EU Member States. The
current report covers 27 EU Member States, bringing together the material rom RAXEN reports between2003 and 2007, and also adding some urther material rom 2008. As most o the secondary data goes
up to 2008, the report should be read in the context o several subsequent FRA reports which add to
and advance this data, as well as subsequent FRA research reports which have taken up and explored in
greater detail specic themes which have been raised in the comparative report. These reports1 are:
FRA Annual Report 2009
FRA Annual Report 2010
EU-MIDIS Main Results Report, 2010
The Impact o the Racial Equality Directive: Views o trade unions and employers in the European Union, 2010
Taken together, the comparative report on employment and these subsequent FRA reports provide a unique
body o secondary and primary data in the area o migrants, minorities and employment, identiying themes
and trends, and suggesting questions o uture concern relevant to policy makers and researchers alike.
1 Available at www.ra.europa.eu
3
http://www.fra.europa.eu/http://www.fra.europa.eu/7/27/2019 1696 Pub Migrants Minorities Employment En
6/96
Country codes
AT Austria IT Italy
BE Belgium LT Lithuania
BG Bulgaria LU Luxembourg
CY Cyprus LV Latvia
CZ Czech Republic MT Malta
DE Germany NL Netherlands
DK Denmark PL Poland
EE Estonia PT Portugal
EL Greece RO RomaniaES Spain SE Sweden
FI Finland SI Slovenia
FR France SK Slovakia
HU Hungary UK United Kingdom
IE Ireland
4
7/27/2019 1696 Pub Migrants Minorities Employment En
7/96
BACKGROUND TO THE REPORT ............................................................................................................................................... 3
EXECUTIVE SUMMARY............................................................................................................................................................... 7
INTRODUCTION .......................................................................................................................................................................... 9
1. MIGRANTS AND MINORITIES: CONCEPTS, DEFINITIONS, DATA .............................................................................. 11
1.1. Introduction: ethnic and cultural diversity in the European Union .................................................................................. 11
1.2. Identiying migrants and minorities ............................................................................................................................................ 151.3. Availability o statistics regarding discrimination in the area o employment ............................................................. 19
1.4. Developments o statistical data collection over the last fve years ................................................................................. 21
2. PATTERNS OF INEQUALITY ...............................................................................................................................................25
2.1. Inequality, social exclusion and vulnerability ........................................................................................................................... 25
2.2. Indicators o inequality ..................................................................................................................................................................... 26
2.3. Evidence o change and continuity .............................................................................................................................................. 45
3. RACIAL/ETHNIC DISCRIMINATION IN EMPLOYMENT: EU LAW ................................................................................. 47
3.1. The Equality Directives ..................................................................................................................................................................... 473.2. The concepts o discrimination in the Equality Directives ................................................................................................... 48
3.3. The implementation o the Directives ......................................................................................................................................... 49
3.4. Outlook ................................................................................................................................................................................................... 52
4. INDICATORS OF DISCRIMINATION .................................................................................................................................. 53
4.1. Incidents, complaints and court cases ........................................................................................................................................ 53
4.2. Research evidence or discrimination .......................................................................................................................................... 58
5. LEGAL STATUS AND VULNERABILITY ............................................................................................................................. 65
5.1. The concept o discrimination by law a European dilemma.......................................................................................... 65
6. THE SITUATION OF MIGRANT AND MINORITY WOMEN IN EMPLOYMENT ........................................................... 73
6.1. The concept o multiple and intersectional discrimination ................................................................................................ 73
6.2. Complex experiences o discrimination The situation o migrant and minority women in employment ...... 74
CONCLUSIONS .......................................................................................................................................................................... 79
STATISTICAL ANNEX................................................................................................................................................................. 81
LIST OF CONTRIBUTORS.......................................................................................................................................................... 92
Contents
5
7/27/2019 1696 Pub Migrants Minorities Employment En
8/96
7/27/2019 1696 Pub Migrants Minorities Employment En
9/96
7
Executive summary
Migrants and minorities: concepts,
defnitions, dataEthnic, cultural and religious diversity is a central
eature o the European Union. Migration has been
a major source o diversity: the number o oreign-
born population in the EU has been estimated as
over 40 million or 8.8 per cent o the total population
o 495 million. O these, two thirds have been
born outside the European Union. National and
linguistic minorities or historic minorities are another
important source o ethnic and cultural diversity
in the European Union. Roma constitute one o
the largest minority populations in the European
Union, estimated at between 4.6 and 6.4 million.
There are considerable dierences in how Member
States dene migrant and minority groups or policy
purposes and how they collect statistical data on
these groups. These dierences in data collection
practices in the European Union place serious
limitations on any comparative study o patterns o
inequality, social exclusion, and discrimination against
migrants and minorities in the labour market.
The study nds that data on citizenship and country
o birth are increasingly available in respect to data onemployment o immigrants, and the recent ad-hoc
module o the European Labour Force Survey includes
inormation on persons with a migrant background.
However, much less inormation is available on ethnicity,
which is a relevant category or analysis particularly
regarding national minorities and communities with
a more distant migration background. Changes in
this data situation can be expected in the uture, not
least in the context o the implementation o a new
Community Statistical programme during 2008-2012.
Patterns o inequality
The report highlights persistent patterns o inequality
between the situation o oreigners, immigrants and
minority groups in the labour market and that o the
overall majority populations. Dierential employment
and unemployment rates, the concentration o
migrants and minorities in specic economic sectors
and branches, income and wage disparities, and
dierences in working conditions, access to education
and educational attainment all indicate important
dierences in labour outcomes or migrants and
minorities. While unequal labour market outcomes donot necessarily reect discrimination, discrimination is,
nevertheless, an important actor leading to inequality.
In general terms, such patterns o inequality seem to
have remained constant since 2000. However, against
the background o the serious lack o sufciently
detailed longitudinal data on employment patterns
o migrants and minorities, and in particular, the lack
o knowledge on specic subgroups, notably specic
cohorts o immigrants and the second generation, no
denite statements on changes over time are possible.
Racial/ethnic discrimination in
employment: the EU law
The adoption o the equality directives the Racial
Equality Directive 2000/43/EC and the EmploymentEquality Directive 2000/78/EC must be considered
a milestone in the development o equality and non-
discrimination policies on the European level, although
ull and correct transposition in all 27 Member States is
yet to be achieved. The main problem areas o incorrect
transposition include denitions o discrimination,
assistance to the victims o discrimination such as the
shit in burden o proo and victimisation and the scope
o protection granted.
The study highlights the importance o reducing barriers
or victims, so that they may seek legal redress or othermore low-prole remedies against unjust situations, and
also emphasises the uture rule o the courts in eectively
interpreting the meaning o discrimination itsel.
Indicators o discrimination
Incidents, complaints and court cases
Specialised bodies, equality tribunals and judicial courts
throughout the EU have dealt with cases covering all
the types o discrimination covered by the Equality
Directives and, while doing so, have also advanceddierent interpretations o several sensitive issues related
to the directives, such as the shit o the burden o proo,
instruction to discrimination, responsibility o employers
or the behaviour o their employees, addressing multiple
discrimination, the use o situation testing as evidence
in court etc. However, although the total number o
complaints o discrimination reported and processed
since 2003 has increased, compared to previous years,
as a direct consequence o the implementation o the
Equality Directives in the Member States, with the notable
exception o the UK and Ireland there is still very little
case law on racial/ethnic discrimination in employment.
Executive summary
7/27/2019 1696 Pub Migrants Minorities Employment En
10/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
8
This situation suggests that there are a number o
barriers to gaining access to justice, namely:
legal and administrative barriers (e.g. the lack o
a service clearly mandated or trained to process
complaints, lack o eective organisations striving
or more equality, complex and slow procedures,
short time limits or ling an application etc.);
technical barriers (e.g. prohibitive costs o bringing
a case to court or the high cost o legal advice
and lack o access to ree legal services); and
other obstacles to accessing legal remedies against
discrimination (e.g. the inrequency o litigation itsel,
lack o eective, proportional and dissuasive sanctions,
low level o awareness among the victim population
regarding their rights and available options orseeking redress, ear o victimisation, the perception
o low success rate or actions taken to court etc.).
Research evidence or discrimination
Considerable research on employment discrimination
has been carried out over the past ve years. The
available data and studies provide ample evidence
or discrimination against migrants and minorities.
The report presents the main ndings o research
conducted on employment discrimination on groundso ethnicity, while also discussing the strengths
and weaknesses o dierent methodologies.
Specically, it ocuses on indicators o discrimination
produced rom our main research sources: statistical
data on labour market perormance; discrimination
testing; research conducted on the majority population,
in particular regarding employers discriminatory
attitudes and behaviour; and surveys and interviews
with migrants and minorities recounting their subjective
experiences o discrimination in employment.
This section o the report concludes that discriminationon grounds o ethnicity and race is a social reality,
but also that much more research especially cross-
national is needed in order to properly assess the
ull extent o discrimination against migrants and
minorities on the labour market, and also to raise
awareness o the existence o such discrimination.
Legal status and vulnerability
The Equality Directives explicitly rerain rom restricting
any treatment which arises rom the legal status o thethird-country nationals and stateless persons. Thus,
the national legal rameworks regulating the entry,
residence and employment o non-nationals continue
to be one o the main sources o inequality among
persons residing on the European territory, while
citizenship remains one o the last grounds on which
Member States may legally engage in discriminatory
treatment o persons. The report analyses in detail
public sector exclusion o non-nationals, the legal
insecurities and stratication o third country nationals,
and the situation o undocumented migrant workers.
Research in this area suggests that restrictive
immigration systems may contribute to migrants
living and working in irregular conditions, as well
as urther reinorcing the segmentation o labour
markets along ethnic and national lines.
While Council Directive 2003/109/EC has improved
the status o third country nationals who are long
term residents (or instance, by ensuring their accessto employment on equal terms with the nationals),
discrimination by law against the remaining
categories o third country nationals has continued to
remain an under-represented and under-researched
eld. This section o the report concludes that
legal insecurity renders a considerable number o
immigrants vulnerable to exploitation and may even
reinorce their marginalisation in the labour market
or put them at risk o losing their legal status due to
non-compliance with residence requirements.
Migrant and minority women in
employment
Available data indicates that migrant and minority
women occupy the least-paid and least-skilled jobs in
the most marginalised segments o the labour market.
Oten, their employment opportunities are restricted to
work in the domestic sphere, with a high risk o insecurity
and, oten, irregular working conditions. In addition,
discrimination experiences o migrant and minority
women are dierent according to the various social
and legal positions they occupy and to the attitudes
o the majority population they are conronted with.
This section concludes that their situation cannot
be regarded as the simple sum o gender and racial/
ethnic discrimination, rather it is best described as
being at the intersection o a number o dierent
types o discrimination, including gender, nationality
and ethnicity. This section also includes a brie
theoretical discussion on the concepts o multiple
discrimination and intersectional discrimination, as
well as the way these concepts have been reected
at policy level in the EU and the Member States.
7/27/2019 1696 Pub Migrants Minorities Employment En
11/96
9
Introduction
Aims o the study
The overall aim o this comparative study is to provide
the European Community and its Member States
with a policy-relevant and comprehensive overview
o social exclusion and discrimination regarding
migrants and minorities in the area o employment
in the 27 EU Member States. In addition, the study
also surveys the legal ramework in place to combat
discrimination. The study highlights main developments
since 2003. In particular, it provides evidences o
change in relation to trends and developments
identied by a previous comparative report on
migrants, minorities, and employment which was
commissioned by the predecessor institution othe Fundamental Rights Agency, the European
Monitoring Centre on Racism and Xenophobia
(EUMC) in 2003.2 Patterns o change are discussed in
terms o objective indicators (statistics) and trends.
How the study was conducted
In July 2008, the International Centre or Migration Policy
Development (ICMPD) had been contracted by the
European Union Agency or Fundamental Rights (FRA)
to compile an EU level comparative study based onreports submitted each year by the National Focal Points
(NFPs) o the RAXEN network, as well as other material
produced by the EU Fundamental Rights Agency. In
addition, the study team3 draws on a range o additional
sources, including research studies, commissioned
reports, statistical data and reports rom the Commissions
statistical agency, Eurostat and the Organisation or
Economic Co-operation and Development (OECD)
as well as material collected in completed and
on-going research projects undertaken by ICMPD.
Methodology and structure
The study provides a comparative analysis o inequality
and discrimination in the labour market. Given the
widely dierent historical trajectories o individual
Member States, dierences in administrative and political
tradition, dierent histories o migration and in the
presence o immigrant or autochthonous minorities,
any comparison on the level o the European Union
o 27 is an inherently difcult task. The difculty o the
task is compounded by large dierences in national
2 EUMC (2003) Migrants, Minorities and Employment: Exclusion,Discrimination and Anti-Discrimination in 15 Member States o theEuropean Union
3 Albert Kraler (co-ordinator), Saskia Bonjour, Alina Cibea, MariyaDzhengozova, Christina Hollomey and David Reichel.
data collection practices and the scarcity o in-depth
inormation on migrants and minorities on the labour
market on the level o the European Union. As the study
is largely based on national level inormation provided
by the Fundamental Rights Agencys RAXEN network, the
comparison undertaken is inherently limited. Because o
these limitations, the study team decided to highlight
the central issues involved in the various topics areas,
which are illustrated by examples taken rom national
RAXEN reports. Wherever possible, more systematic
and comparable inormation has been included.
The study is divided into seven parts:
Chapter 1 describes patterns o ethnic and culturaldiversity in the European Union and discusses the
main concepts used in the European Union as a whole
and in individual Member States to identiy migrants
and minorities. In addition, the chapter investigates
availability, quality and comparability o data, and
discusses changes in data collection since 2003.
Chapter 2 analyses patterns o employment o
migrants and minorities in the European Union,
looking at employment and unemployment rates,
distribution across employment sectors, and
dierences in income and wages, to set the stageor an investigation o patterns o discrimination in
the EU Member States undertaken in Chapter 4.2.
Chapter 3 provides a discussion o discrimination,
as well as its dierent orms, as dened by the Racial
Equality Directive (2000/43/EC). In addition, the chapter
provides an overview o the implementation o the
Racial Equality Directive in Member States and provides
an outlook on the uture development o equality and
non-discrimination legislation in the European Union.
Chapter 4 provides a discussion o indicators o
discrimination in the area o employment, includingincidents, complaints and court cases, and the
various types o research which have produced
direct evidence o discrimination in employment.
Chapter 5 ocuses on the nexus o legal status and
vulnerability to marginalisation, social exclusion
and unequal treatment. The chapter pays particular
attention to the situation o non-EU nationals residing
on a short term basis or without a legal status.
Chapter 6 analyses the position o migrant and
minority women in employment, and providesa discussion o the interrelated concepts o
intersectionality and multiple discrimination.
Introduction
7/27/2019 1696 Pub Migrants Minorities Employment En
12/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
10
Chapter 7 is the concluding chapter and
summarises the main ndings o the study.
Note on terminology
In line with previous FRA/EUMC publications, we use
migrants and minorities as a short cut or minority
groups and those with a migrant background who
are vulnerable to social exclusion, marginalisation and
discrimination. Using these terms, we do not imply
that migrants and minorities are per se vulnerable
groups. Rather, we investigate potential vulnerability
as a consequence o being a minority member or
a person with an immigrant background. Wherever
possible and reasonable, we speciy whether we
are speaking about migrants or minorities or both
or particular subgroups among the ormer.
7/27/2019 1696 Pub Migrants Minorities Employment En
13/96
11
1. Migrants and minorities: concepts, defnitions, data
have turned rom countries o emigration to countries
o immigration in the 1980s and 1990s, respectively.
In Eastern Europe, the Czech Republic is an important
receiving country or immigration, although a air
share o its migrant population are Slovaks, many o
whom have been on the territory already beore the
dissolution o the ormer common state Czechoslovakia.
Similarly, in Slovenia a large share o the oreign born
population have migrated to Slovenia during the
Yugoslav era. The countries continued to receive
both labour migrants and reugees rom this region
since independence, while the number o migrants
rom other countries has remained relatively small.
The Russian speaking minorities o the three Baltic
countries similarly are a historical legacy o the
Soviet era, when large numbers o Russian speakers
migrated to the area, oten in the ramework o state-
led resettlement and migration programmes.5
In 2005, the number o oreign born population in
the EU stood at just over 40 million or 8.8 per cent
o the total population o 495 million. O the more
than 40 million persons born abroad, two thirds
have been born outside the European Union.
5 See A. Triandayllidou, R. Gropas, D. Vogel (2007) Introduction, inA. Triandayllidou, R. Gropas (eds.) European Immigration. A Sourcebook,Aldershot: Ashgate, pp. 1-17.
1.1. Introduction: ethnic and cultural
diversity in the European UnionEthnic, cultural and religious diversity is in many ways
a central eature o todays Union o 27, both in the
Union as a whole as well as in individual Member States.
Migration has been a source o diversity in almost all
Member States, but to greatly varying degrees and
in dierent ways. In the European Union as a whole4
immigration has exceeded emigration since about
1960, with emigration exceeding immigration only or
short periods ater the rst and second oil crisis and
related return migration o recruited labour migrants.
Net migration levels have been at about 240,000 on
average per year in the 1970s and 198,000 in the 1980s.Net migration grew signicantly to an average o
750,000 per year in the 1990s. With over 2 million, net
migration peaked in 2003 and has since declined.
Northern and Western European States such as Austria,
Belgium, France, Germany, the Netherlands, Sweden
and the UK are long-standing countries o immigration
with sizable minorities o immigrant origin.
Countries such as Finland, Ireland and the our Southern
European countries o Greece, Italy, Portugal and Spain
4 Data or EU-25 only. N. Diez Guardia, K. Pichelmann (2006) LabourMigration Patterns in Europe: Recent Trends, Future Challenges,European Commission Directorate General or Economic and FinancialAairs, Economic Papers No. 256, September 2006, available at: http://europa.eu.int/comm/economy_nance (29.11.2008), p. 5-6.
EU-27 LVLU EE AT IE CY
* SE DE BE ES FR NL UK EL SI PT DK L
T CZ IT HU FI
MT SK PL BG RO
Foreign-born
Foreign-nationals
0%
5%
10%
15%
20%
25%
30%
35%
40%
Figure 1-1: Share o oreign-born population in the EU Member States, 2005
Note: * Greek part o Cyprus only.
Source: ICMPD presentation based on Table A.1 in the Statistical Annex
Migrants and minorities: concepts, denitions, data
http://europa.eu.int/comm/economy_financehttp://europa.eu.int/comm/economy_financehttp://europa.eu.int/comm/economy_financehttp://europa.eu.int/comm/economy_finance7/27/2019 1696 Pub Migrants Minorities Employment En
14/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
12
Reecting the very dierent historical trajectories o
individual countries, the share o immigrants, however,
varies enormously. With a share o more than 37.4 per
cent, Luxembourg had the highest percentage o oreign
born in 2005. In long-standing countries o immigration,
the share o oreign born is between 9.1 per cent (United
Kingdom) and 15.1 per cent (Austria). The oreign born
population in Latvia and Estonia is roughly in the same
order, with 19.5 per cent and 15.2 per cent respectively.
In various Eastern European countries, including Bulgaria,
Poland, Romania and Slovakia, the share o the oreign
born population, by contrast is much lower and varies
between 0.6 and 2.3 per cent. In the Czech Republic,
Finland and Hungary the share is somewhat higher and
between three and our per cent, while in the majority
o the remaining countries the share o the oreign
born population is just below the EU average.6 Not all
oreign born persons have a oreign background. Indeed,in some countries with a long history o emigration a
sizable proportion o immigrants is made up o returning
citizens and their descendants, or example in Poland.
The European Unions population o immigrant origin
is also diverse in terms o legal status. While a sizable
share o immigrants possess the citizenship o their
current country o residence, some 28 million migrants
or descendants o migrants had a oreign citizenship
in 2007, o which some 17 million had a citizenship
o a country outside the European Union.7 8
6 R. Mnz, T. Straubhaar, F. Vadean, N. Vadean (2006) What are themigrants contributions to employment and growth? A Europeanapproach, HWWI Policy Paper No. 3-3, Hamburg: HWWI, available onlineat: http://www.hwwi.org/Publikationen_Einzel.5119.0.html?&tx_
wilpubdb_pi1[publication_id]=666&tx_wilpubdb_pi1[back]=484& cHash=1da167c85, (27.11.2008) p. 21.
7 See Statistical Annex.8 For countries marked with an asterisk (*) numbers include estimates by
Eurostat.
Not all oreigners are migrants, in the sense that
they have physically migrated rom another state to
the current country o residence. Rather, a small but
considerable number o oreigners were born on
the territory o a Member State, reecting prevalent
ius sanguinis conceptions o citizenship and a generalreluctance towards the automatic granting o citizenship
upon birth in a country o the European Union.
Reecting dierent histories o migration and dierent
migration and citizenship regimes, the stock o oreigners
varies considerably in the European Union. According to
Eurostat data the percentage o oreigners in EU Member
States ranges between about 0.1 per cent (Poland,
Romania) and more than 41 per cent in Luxembourg.9
The term oreign national, however, itsel is not
a consistent legal category. Rather, the categorycomprises a great number o dierent statuses,
dierentiated along various axes, notably nationality,
purpose o stay, the temporality o the permit
(whether migrants possess a short term permit, a
long term permit or a long term residence permit
in the meaning o directive 2003/109/EC10) and in
terms o the renewability o the legal status held.11
In the context o the expansion o reedom o movement
rights or European Union citizens and their amily
members in particular in the last two decades12, the
9 http://ec.europa.eu/eurostat (28.08.2008).10 Directive 2003/109/EC (25.11.2003).
11 A. Kraler (2006) The legal status o immigrants and their access tonationality, in R. Baubck (ed.) Migration and citizenship. Legal Status,Rights and Political Participation. Amsterdam: Amsterdam UniversityPress, p. 38.
12 Directive 2004/38/EC (29.4.2008).
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
BE BG*
CZ DK DE
EE* IE EL
* ES FR* IT
CY* LV LT LU HU M
T* NL AT PL PT*
RO SI
SK FI
SE UK*
EU
non-EU
Source: ICMPD presentation based on data extracted rom Eurostat on 28 August 2008
Figure 1-2: Share o oreign population in total population in 20078
http://www.hwwi.org/Publikationen_Einzel.5119.0.html?&tx_http://ec.europa.eu/eurostathttp://www.hwwi.org/Publikationen_Einzel.5119.0.html?&tx_http://ec.europa.eu/eurostat7/27/2019 1696 Pub Migrants Minorities Employment En
15/96
Migrants and minorities: concepts, denitions, data
13
abolition o internal border controls in the ramework o
the Schengen rules and the simultaneous emergence
o migration policies vis--vis third country nationals,
the distinction between Union citizens and their amily
members on the one hand, and third country nationals
on the other, has become increasingly important.13
Legally, the status o Union citizens is almost equal
to that o a citizen o the receiving states, although
transitional regulations or the EU-814 and Bulgaria
and Romania temporarily limit reedom o movement
rights and in particular, access to EU labour markets
until 2011 and 2014, respectively.15 In addition,
amily members o EU citizens enjoy reedom o
movement rights irrespective o their nationality.
Like EU citizens and their amily members, third country
nationals who are long term residents o a MemberState16 enjoy more or less unrestricted reedom o
movement rights and ar-reaching protection rom
expulsion and withdrawal o residence status. Most
importantly, unlike oreign nationals who are not covered
by the long term residence directive, long term residents
enjoy ar reaching protection rom discrimination on
grounds o nationality (excluded rom the Equality
directives) and hence equality in access to the labour
market and in particular to public sector jobs, and social
benets and services, amongst others (see chapter 5).
However, those oreign nationals who are not longterm residents o a member state have highly varying
legal statuses, depending on the purpose o stay and
on whether they have been admitted on a temporary
or a permanent basis. In addition, an unknown and
probably relatively small share o Europes population
has been admitted as reugees:17 in 2005, 21,205 persons
were granted reugee status in the EU-27, while 23,765
13 See or an account o the emergence o ree movement and theevolution o EU migration policy A. Kraler, M. Jandl, M. Homann(2006) The Evolution o EU Migration Policy and Implications orData Collection. in: M. Poulain, N. Perrin, A. Singleton (eds.) Towards
the Harmonisation o European Statistics on International Migration(THESIM), Louvain-La-Neuve: UCLPresses Universitaires de Louvain,pp. 35-75.
14 Citizens o Cyprus and Malta were never subject to transitionalregulations restricting access to EU-15 labour markets.
15 The two dates mark the dates by which all restrictions on reedom omovement and access to labour markets have to be lited. Three states(IE, SE, UK) have immediately granted ull reedom o movement toEU-8 citizens. Another 10 o the EU-15 countries have lited restrictionsbetween 2006 and 2009. O the EU-15 Member States, only Austriaand Germany will keep restrictions or EU-8 citizens in place until 2011.In respect to EU-2 citizens, six o the EU-15 Member States (Denmark,,Spain, Finland, Greece, Portugal, Sweden) decided to open up theirlabour markets at the time o writing. O the new EU Member States thatacceded to the EU in 2004 all except Malta, which maintains restrictionsagainst Bulgarians and Romanians, have opened up their labour markets
(see http://ec.europa.eu/social/BlobServlet?docId=119&langId=en(31.1.2010)).
16 Directive 2003/109/EC (25.11.2003).17 No data is generally available on the total stock o recognised reugees
and only number o grants (and reusals) is collected.
persons received subsidiary protection. More important
in quantitative terms are asylum seekers, who have
been an important eature o migration in the European
Union since the 1990s, even though their status and
probably their stay is largely o a transitional and
temporary nature. In recent years, however, the number
o asylum applications has signicantly decreased.18
Yet migration is not the only source o cultural and
ethnic diversity in the European Union. Autochthonous
ethnic and linguistic minorities or historic minorities19
are an equally important source o ethnic and
cultural diversity. Virtually all European countries have
autochthonous ethnic and/or linguistic minorities
o some sort. Some, like the Basques and Catalans in
Spain or German-speaking minorities in northern Italy,
and Hungarian minorities in Slovakia and Romania,
constitute large regionally concentrated minoritieswhich requently are majority groups in specic regions.
Oten, these regions enjoy ar reaching autonomy and
in some contexts, notably in Belgium and Spain, the
ederal organisation o the political system reects
the inherent diversity o these states. Such minorities
are also oten called national minorities to distinguish
them rom smaller autochthonous ethnic minorities
without claims to political and cultural autonomy.
However, not only do such large national minorities
oten constitute the majority population in their main
areas o settlement, they also usually dier little romthe overall national population in terms o social,
political and economic participation and thus are
ar rom being vulnerable groups. However, as the
ocus o this report is on the latter on migrant and
minority groups vulnerable to social exclusion and
potentially or actually subject to discrimination such
minorities will not be urther considered in this report.
Apart rom such large autochthonous national minorities,
there is a broad range o autochthonous minority groups
o smaller size or other characteristics that distinguish
them rom national minorities. In several EU Member
States such autochthonous minorities enjoy specialprotection under constitutional or other laws, including
the Saami population in Finland, various smaller groups
in Austria, and the Muslim minority o Thrace in Greece.20
Such ormal legal protection usually aords specic
cultural rights to minorities so recognised, including
18 Eurostat database, data extracted on 28.11.2008, availableonline at: http://epp.eurostat.ec.europa.eu/portal/page?_pageid=1996,45323734&_dad=portal&_schema=PORTAL&screen=welcomere&open=/populat/migr/migr_asy&language=en&product=EU_MASTER_population&root=EU_MASTER_population&scrollto=0.
19 Council o Europe (2000) Diversity and Cohesion: New Challenges or the
Integration o Immigrants and Minorities, Strasbourg: Council o EuropePublishing, p. 25.
20 EUMC (2003) Migrants, Minorities and Employment: Exclusion,Discrimination and Anti-Discrimination in the 15 EU Member States othe European Union
http://ec.europa.eu/social/BlobServlet?docId=119&langId=enhttp://epp.eurostat.ec.europa.eu/portal/page?_http://epp.eurostat.ec.europa.eu/portal/page?_http://ec.europa.eu/social/BlobServlet?docId=119&langId=en7/27/2019 1696 Pub Migrants Minorities Employment En
16/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
14
using a minority language at court and/or as language
o instruction in the education system or entitlements
or public subsidies or minority media or other cultural
activities. Some o these minorities are positioned at
the margins o society and experience marginalisation
and social exclusion. Others dier little rom the overall
population in terms o political, social and economic
participation and diversity in their case is essentially
an issue o cultural and political recognition rather
than an issue o social exclusion and marginalisation.
Roma constitute one o the largest minority populations,
numbering between a ew thousands in the Baltic
countries and Slovenia to several hundred thousand
in the Czech Republic, France, Slovakia and Spain, to
possibly more than two million in Romania.21 Estimates
on the total population o Roma background living in
the territory o the European Union range rom three
to seven million mentioned in the 2004 European
Commission report The Situation o Roma in an EnlargedEurope22 prior to EU enlargement, to 10 million in
21 J.-P. Ligois (2007) Roma in Europe, Strasbourg: Council o EuropePublishing, p. 31.
22 European Commission (2004) The Situation o Roma in an EnlargedEurope, p. 6available at http://www.errc.org/db/00/E0/m000000E0.pd(20.10.2009).
0.1% to 0.9% of total population
1% to 4.9% of total population
More than 5% of total population
Less than 0.1% of total population
Source: ICMPD presentation. For underlying data see Statistical Annex Tables A.1 and A.2
Figure 1-3: Estimated share o Roma populations in the European Union
http://www.errc.org/db/00/E0/m000000E0.pdfhttp://www.errc.org/db/00/E0/m000000E0.pdf7/27/2019 1696 Pub Migrants Minorities Employment En
17/96
Migrants and minorities: concepts, denitions, data
15
the EU 27 Member States, noted in a 2008 European
Parliament Resolution on a European Strategy on the
Roma.23 The population usually reerred to as Roma,
however, is itsel highly heterogenous and comprises
a large number o dierent groupings, including Roma
in the narrow sense, Sinti, Travellers, Ashkali, Kale and
Beash, amongst others.24 Reecting a long history o
social exclusion, marginalisation, discrimination and
persecution, the Roma are generally a particularly
vulnerable group, although, again, conditions dier
greatly between individual Member States.
1.2. Identiying migrants and
minorities
1.2.1. Theoretical considerations
The general ocus o this report is on migrants and
minorities vulnerable to social exclusion, marginalisation
and discrimination. Using these terms, we do not imply
that migrants and minorities areper se vulnerablegroups. Rather, we investigate potential vulnerability as
a consequence o being a minority member or a person
with an immigrant background and use the reerence
to migrants and minorities as a reerence to vulnerable
groups. Wherever possible and reasonable, we speciy
whether we are speaking about migrants or minorities
or both or particular subgroups among the ormer.
The way the term migrants and minorities is used
in this report namely as a category reerring to
particular groups potentially vulnerable to exclusion,
marginalisation and discrimination rather than as a
term reerring to migrants and minorities as a whole
points to more undamental issues regarding
concepts and categories used in social and political
analysis and consequently data collection.
First, most categories o social analysis are simultaneously
also categories o social and political practice. This is
most evident perhaps in policy categories such asoreign national or the increasing practice to reer to
the migration o EU citizens with the term mobility
and distinguish it sharply rom migration involving
third country nationals. In this context, scientic
analysis may run the danger o reiying and in a way
legitimising categories o social and political practice,
whereas the actual task o any analysis should actually
23 The populations (o the Roma and non-Roma) increased signicantlywith the 2004 and 2007 enlargements. European ParliamentResolution o 23 January 2008 on a European Strategy on the Roma
P6_TA(2008)0035, http://www.europarl.europa.eu/sides/getDoc.do?pubRe=//EP//TEXT+TA+P6-TA-2008- 0035+0+DOC+XML+V0//EN(22.09.09)
24 J.-P. Ligois (2007) Roma in Europe, Strasbourg: Council o EuropePublishing, p. 32.
be to critically investigate and deconstruct such
categories, to study how these are reied and turned
into meaningul categories o political and social
practice and to study the impact o such categories on
social and economic patterns and practices. As Roger
Brubaker and Frederick Cooper have remarked, social
scientists should avoid unintentionally reproducing
or reinorcing such reication by uncritically adopting
categories o practice as categories o analysis.25
In respect to research on patterns o inequality and
practices o discrimination concerning migrants and
minorities, such criticism has in particular been raised
regarding the concepts o ethnicity and race.26 While
ethnicity is a widely used and accepted term, the exact
meaning o the term is contested, reecting its dual
nature as a category o social analysis and a category
o social and political practice.27 There is, however, agrowing awareness that ethnicity is a complex and
uid phenomenon, which involves sel-identication
processes o individuals, collective internal discourses o
ethnic groups and external discourses on ethnicity in the
mainstream population. As a consequence o the uid
and essentially contextual nature o the concept, ethnicity
is difcult to nail down. Equally important, the meaning
o ethnicity is not stable in a temporal perspective either.
Race is an even more problematic term. As the amous rst
UNESCO statement on race o 1950 has remarked [ ]or all
practical social purposes race is not so much a biologicalphenomenon as a social myth. This myth has created an
enormous amount o human and social damage, and by
implication, should be discarded altogether and replaced
by ethnicity in social and political analysis.28
However, even i more neutral and generic concepts
are used such as immigrants or persons with a migrant
background, the basic assumption still is that such
categories are useul or explaining particular labour
market outcomes or other social patterns. Such
assumptions underlying the use o particular categories
o analysis inherently underpin all social analysis and
25 R. Brubaker, F. Cooper (2000) Beyond identity, in: Theory and Society,Vol. 29, No. 1, p. 5.
26 P. Simon (2007) Ethnic statistics and data protection in the Council oEurope countries, Study report, Strasbourg: Council o Europe; J. Wrench(2007) Diversity Management and Discrimination: Immigrants andEthnic Minorities in the EU. Aldershot: Ashgate, pp. 104.
27 R. Brubaker (2002) Ethnicity without groups, in: European Journalo Sociology / Archives Europennes de Sociologie, Vol. 43, No. 2,pp. 163-189.
28 UNESCO (1952) The Race Concept: Results o an Inquiry, available at:http://unesdoc.unesco.org/images/0007/000733/073351eo.pd (seeParagraph 14 o the Text o the 1950 Statement in the Appendix). Itshould be noted that the rst UNESCO statement attracted considerable
criticism rom physical anthropologists resulting in a reormulation o itjust two years later. In the reormulated statement, the critique o raceas a social myth was dropped and reintroduced as a legitimate categoryo biological analysis, which was only reversed in much later UNESCOstatements.
http://www.europarl.europa.eu/sides/getDochttp://unesdoc.unesco.org/images/0007/000733/073351eo.pdfhttp://www.europarl.europa.eu/sides/getDochttp://unesdoc.unesco.org/images/0007/000733/073351eo.pdf7/27/2019 1696 Pub Migrants Minorities Employment En
18/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
16
are as such not necessarily problematic. However, one
should avoid taking these categories as sel-explanatory
and as terms connoting specic characteristics o the
groups subsumed under a particular category. Thus,
although many migrant groups in the European Union
experience social exclusion and marginalisation, it is not
necessarily the act that they are immigrants that explain
their positioning in society; statistical indicators should
be taken as what they are as indications o possible
explanatory variables or particular social patterns (in our
case gross labour market inequalities, social exclusion
and discrimination). Taking these considerations seriously,
concepts used to identiy vulnerable groups need to be
constantly reviewed and open to modication or change.
For the purpose o this report, migrants and minorities
can be taken to comprise two distinct, although
overlapping groups: (1) migrants and minorities with amigrant background and (2) autochthonous minorities.
For the ormer, three identication methods can be
distinguished:
(a) Demographically, migrants can be dened as persons
who have moved rom another country to their
current country o residence at least once in their
lietime, usually measured by country o birth. The
broader group o persons with a migrant background
can be identied by their parents or grandparents
country o birth.
(b) Traditionally the most common identier o migrant
minorities is citizenship and the related distinction
between nationals and non-nationals. Given the
very dierent migration and citizenship regimes,
however, this category is less useul or social
analysis and has been replaced or complemented
in many ofcial datasets by country o birth. At
the same time, distinctions between citizens and
non-citizens indicate important legal dierences
that may aect the social and economic position o
migrants and thereore is a highly useul category
o social analysis or specic groups and or specic
research questions. Today, many ofcial datasetspermit the combination o the variables citizenship
and country o birth, allowing, or example, to
distinguish native immigrants immigrants who
were citizens at birth rom immigrants with a
oreign citizenship at birth, and thus are able to
attain a more nuanced picture o the possible actors
that inuence the position o migrants in society.
(c) Ethnicity is a third possible variable to identiy both
migrant and autochthonous minorities. Ethnicity
is usually measured through sel-identication. As
a variable, it is employed mainly in surveys andcensuses, whereas it in administrative datasets it
appears much more rarely.29 In addition to sel-
identication o respondents with a given list o
ethnic categories, colloquial language and/or religion
may be used as an alternative and as proxy variables.
Ethnicity is also oten taken as synonymous with
national origin, in which case citizenship or descent
based variables (country o birth or country o parents
birth) or combinations o these are used. In the latter
case, however, ethnicity is virtually synonymous with
descent rather than a concept in its own right. The
use o ethnicity as a synonym or migrant background
such as in the UK signals a certain perspective on
diversity that interprets diversity as an inherent
eature o contemporary societies, so that diversity o
origin should be addressed independently o ones
migration status.
1.2.2. Data collection practicesin EU Member States
In the ollowing section, we will discuss how EU
Member States dene migrant and minority groups
or policy purposes and how they collect statistical
data on these groups. In addition, the section will
also provide a limited analysis o data availability and
comparability, although a thorough and systematic
analysis is outside the scope o this chapter.
The previous EUMC study on migrants, minorities and
employment (2003) grouped the then 15 EU MemberStates according to prevalent concepts used to measure
migrants and minorities which the study related to the
immigration histories o the countries.30 The rst cluster
o countries identied by the study included those with
colonial histories (FR, NL, UK), the second cluster included
labour recruiting countries which actively recruited workers
rom the 1950s to the 1970s (AT, BE, DK, DE, LU, SE),31
and the third cluster was comprised o countries which
only recently (since the late 1980s or 1990s) experienced
considerable immigration (GR, IT, ES, PT, FI, IE).32 While
this cluster has provided a useul approach or making
sense o data collection practices and related ideas about
migrants and minorities in the European Union o 15 in2003, the two latest waves o enlargement and a number
o developments in statistical data collection practices and
concepts used to measure migrants and minorities have
29 See research results or ethnicity in the PROMINSTAT database underhttp://www.prominstat.eu/prominstat/database/ (4.2.2009).
30 EUMC (2003) Migrants, Minorities and Employment: Exclusion,Discrimination and Anti-Discrimination in 15 Member States o theEuropean Union
31 Oten reerred to as guestworkers; however, this ambiguous term isproblematic since guest and worker is contradictory and it neglects theact that those persons were actually immigrants (c. A. Treibel (2008)
Migration in modernen Gesellschaten. Soziale Folgen von Einwanderung,Gastarbeit und Flucht, Weinheim and Munich: Juventa, p. 116).
32 EUMC (2003) Migrants, Minorities and Employment: Exclusion,Discrimination and Anti-Discrimination in 15 Member States o theEuropean Union, pp. 5-9.
http://www.prominstat.eu/prominstat/database/http://www.prominstat.eu/prominstat/database/7/27/2019 1696 Pub Migrants Minorities Employment En
19/96
Migrants and minorities: concepts, denitions, data
17
superseded the analysis. In addition, the 2003 classication
o countries ocused on migrant minorities and did not
incorporate a broader minority perspective.
Widening the scope, Patrick Simon (2007) identies three
categories o countries:
Based on an analysis o practices o European countries in
the 2000 census round, Simon nds that most countries
describe the population according to citizenship and
country o birth and its various combinations. He calls
these groups state-centred as the variables are mainly
related to states (geographically and politically). EU
15 countries except northern European countries are
assigned to this group.
Simon labels data collection practices in his second
category o countries mosaic-like. Although they all ocuson ethno-cultural questions, actual practices dier widely
in this country grouping. Generally, these countries use
religion, language and nationality/ethnicity to describe
their respective populations. Central and eastern
European countries, the three Baltic States as well as
Balkan countries are assigned to this cluster.
Finally, Simon identies a third cluster o predominant
practices which he terms post-migration multicultural
data collection practices. These countries use
classications which reect their specic post-war
migration histories as well as traditions o integrationand non-discrimination policies and related concepts
to account or immigrants. Simon includes the United
Kingdom, Ireland, Netherlands and the Scandinavian
countries in this category. In these countries ethnicity,
religion and/ or descent (parents country o birth)
are important categories o data collection. Migrant
minorities generally are seen as broader groups including
both rst generation migrants and their descendants.33
Table 1-1: Types o variables collected
Type Variables collected Geographical area
State-centredCountry o birthand citizenship
EU 15 exceptingnorthern Europeancountries, Turkey
MosaicNationality/ethnicityand language
Baltic countries,central and easternEurope, Balkans
Post migration
multicultural
Ethnic group andreligionParents country o birth
United Kingdom,Ireland, Netherlands,Scandinaviancountries
Source: P. Simon (2007), p.3834
33 P. Simon (2007) Ethnic statistics and data protection in the Council oEurope countries, Study report, Strasbourg: Council o Europe, pp. 37-38.
34 P. Simon (2007) Ethnic statistics and data protection in the Council oEurope countries, Study report, Strasbourg: Council o Europe.
As a result o major changes in data collection practices
in recent years, characterised by increasingly complex,
multiaceted and internationalised data collection, a
airly broad range o variables are increasingly available
to identiy migrants and minorities in a large number
o EU Member States. As a result, the dierences
between countries are increasingly blurred. In addition,
individual countries, particularly in those where
individual datasets cannot be easily linked, may not
employ uniorm concepts consistently in all datasets
and may ollow dierent practices at the same time,
collecting data on ethnicity in one dataset and using
other variables in others. An increasing number o
countries are, however, moving towards register-based
population systems, in which dierent variables and
combinations o these can be used to identiy migrants
and minorities. The way migrants and minorities are
represented in published statistics is usually less exibleand ollows discernible national traditions. Some
examples o country specic concepts are given below.
1.2.2.1. Country Specifc Concepts
In France the most important variables used are
citizenship and country o birth. Those variables are put
together to create a specic denition o immigrant
(immigr) which is dened as a resident o France whowas born abroad and had a oreign citizenship at birth.
This concept was introduced or two reasons: (1) Born
abroad was not considered clear enough since there aremany French citizens who are born abroad and there
are important dierences o integration processes o
citizens and oreigners once they come to France, and
(2) i the concept o immigrant were dened solely on
the basis o country o birth, dierent migration and
integration trajectories o immigrants who are naturalised
subsequent to immigration, and those who do not,
would be obscured. Inormation on citizenship at birth,
by contrast, allows distinction to be made between the
two groups and hence to study possible dierences
in integration trajectories.35 In many other countries in
Europe, by contrast, citizenship at birth is not readily
available rom ofcial datasets.
In the Netherlands, ofcial statistics distinguish between
allochtones or allochtoons and natives or autochthons.36Natives are dened as persons whose parents were both
born in the Netherlands, while allochtones are persons
with at least one oreign born parent.Allochtoons are
35 T. Eremenko, X. Thierry (2009) Country Report France, National DataCollection Systems and Practices, available at: www.prominstat.eu.
36 J. Doomernik (2009) Country Report The Netherlands, National DataCollection Systems and Practices, available at: www.prominstat.eu.
http://www.prominstat.eu/http://www.prominstat.eu/http://www.prominstat.eu/http://www.prominstat.eu/7/27/2019 1696 Pub Migrants Minorities Employment En
20/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
18
urther divided in Western and non-Western.37 Western
countries include all countries in Europe excluding Turkey
as well as North America, Oceania, Indonesia, or Japan.
The remainder is dened as non-Western. The inclusion
o Indonesia and Japan to Western countries has been
justied on the basis o socio-economic considerations.38
Another distinction is made between the rst generation
with a oreign background and the second generation
with a oreign background.39 The ormer comprises
oreign born with at least one parent born abroad,
while second generation comprises persons born in
the Netherlands with at least one parent born abroad.
The concept o ethnic nationality can be ound in
particular in Eastern European countries. Nationality in
this context does not reer to the legal relationship o an
individual to a state but rather to national identity in the
sense o ethnic identity. The term thus overlaps but isnot synonymous with ethnicity. Historically, the concept
dates back to the communist period. In this context,
ethnic nationality usually, albeit not exclusively, reerred
to national origin in terms o a persons origin in one o
the constituent nations that made up the communist
ederations (notably Yugoslavia and the Soviet Union).
In Latvia various statistics are dierentiated by ethnic
nationality. Ethnic nationality is usually not derived rom
country o birth or citizenship but measured through
sel-identication.
The use o ethnicity or race in the United Kingdomis closely linked to anti-racist and anti-discrimination
policies and in particular the Race Relations Act. The
categories used to measure race, however, have been
subject to considerable change. Ethnicity is measured
through sel-identication.40 The ethnic groups available
in the census 2001 were: White, Mixed, Asian or Asian
British, Black or Black British, and Chinese or other
ethnic group. All those categories include several
subcategories.41 This categorisation includes several
dierent characteristics, namely colour o skin (White,
Black-British) as well as national, ethnic and geographic
37 C. Statistics Netherlands website, available at: http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5 and http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5, (09.10.2008).
38 C. Statistics Netherlands website, available at: http://www.cbs.nl/en-GB/menu/methoden/begrippen/deault.htm?ConceptID=1057and http://www.cbs.nl/en-GB/menu/methoden/begrippen/deault.htm?ConceptID=1013, (09.10.2008).
39 C. Statistics Netherlands website, available at: http://www.cbs.nl/en-GB/menu/methoden/begrippen/deault.htm?ConceptID=950and http://www.cbs.nl/en-GB/menu/methoden/begrippen/deault.
htm?ConceptID=1034, (09.10.2008).40 A. Singleton, A. Lenoel (2010) Country Report United Kingdom, National
Data Collection Systems and Practices, available at: www.prominstat.eu.41 C. http://www.statistics.gov.uk/census2001/pds/key_statistics_nal.
pd, (05.11.2008).
origin (India, Pakistan, China).42 Although ethnic
monitoring in the UK has been justied in terms o anti-
discrimination and equal opportunities policies, the use
o race as a category o statistics has also been criticised
and blamed or the racialisation o British society.43
1.2.2.2. Practices o EU Member States regarding
the use o citizenship, country o birth and
descent, and ethnicity44
Although various countries use their own concepts to
identiy migrant and minority groups, both country
o birth and citizenship are increasingly available rom
a variety o data sources. Under the recently adopted
Regulation on Community Statistics on Migration and
International Protection45 Member States are obliged
to provide data on stocks o international migrants by
country o birth and citizenship. However, the regulationonly covers general demographic inormation and
inormation on the legal status o immigrants. Thus, while
general population statistics usually include the variables
o citizenship and country o birth this is not always the
case in respect to national data sources on employment
and other social areas.
On the European level, both the Labour Force Survey
(LFS) and the European Survey on Income and Living
Conditions (EU-SILC) include the variables citizenship and
country o birth. In the case o the LFS the variable was
introduced in the mid-1990s. The 2008 ad-hoc module onmigrants on the labour market additionally included the
variable o parents country o birth to allow identiying
the second generation. In some countries, notably
Austria, the variable o parents country o birth has been
dened a core variable and will be maintained in uture
waves o the survey.
Legal status, or more precisely, nationality status is the
most commonly used dierentiation in EU Member States
and is usually available rom general datasets on the
population, residence permit data and socio-economic
datasets such as the LFS or national data sources on
employment. Available data usually dierentiates citizens,oreigners and EU nationals vs. third country nationals. The
residence permit data usually also provides inormation
on reasons o stay and type o legal status held. Under
the EU Regulation on Community Statistics on Migration
and International Protection, Member States are obliged
to provide such inormation on an annual basis.
42 P. Simon (2007) Ethnic statistics and data protection in the Council oEurope countries, Study report, Strasbourg: Council o Europe, p. 61.
43 P. Simon (2007) Ethnic statistics and data protection in the Council oEurope countries, Study report, Strasbourg: Council o Europe, p. 62.
44 This section draws on a preliminary analysis o the Raxen reports made
available to the study authors and the ongoing FP6 research projectPromoting quantitative comparative research in the eld o migrationand integration (PROMINSTAT). On the project see www.prominstat.eu(1.12.2008).
45 Regulation (EC) 862/2007 (11.7.2008).
http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1057http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1057http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1057http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1013http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1013http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=950http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=950http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=950http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1034http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1034http://www.prominstat.eu/http://www.statistics.gov.uk/census2001/pdfs/key_statistics_final.pdfhttp://www.statistics.gov.uk/census2001/pdfs/key_statistics_final.pdfhttp://www.prominstat.eu/http://www.prominstat.eu/http://www.prominstat.eu/http://www.prominstat.eu/http://www.prominstat.eu/http://www.statistics.gov.uk/census2001/pdfs/key_statistics_final.pdfhttp://www.statistics.gov.uk/census2001/pdfs/key_statistics_final.pdfhttp://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1034http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1034http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=950http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=950http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=950http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1013http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1013http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1057http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1057http://www.cbs.nl/en-GB/menu/methoden/begrippen/default.htm?ConceptID=1057http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLNL&PA=37325&D1=a&D2=0-4,136,151,214,231&D3=0&D4=0&D5=0&D6=a,!0-8&HD=080331-1216&HDR=G4,G2,G3,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G5http://statline.cbs.nl/StatWeb/publication/?VW=T&DM=SLEN&PA=37325eng&D1=a&D2=0-1,3-4,139,145,210,225&D3=0&D4=0&D5=0&D6=9-12&HD=080604-1108&LA=EN&HDR=G3,G4,G2,T&STB=G1,G57/27/2019 1696 Pub Migrants Minorities Employment En
21/96
Migrants and minorities: concepts, denitions, data
19
The most important variable or measuring the
origin o persons is the variable o country o birth. In
addition, the parents country o birth and citizenship
are important indicators o a persons descent. While
country o birth is increasingly available rom a variety
o datasets, parents country o birth and citizenship
is not. Both origin (country o birth) and descent are
proxy statistics or measuring the ethnicity o a person.
Ethnicity is a more complex category than legal status or
origin, especially in regard to data collection and statistics.
Only relatively ew countries use ethnicity as a concept
in social statistics.46 Ethnicity may reer to characteristics
o persons, including colour o the skin, national origin,
religion, regional identication, language, amongst others.
The main reason or the unavailability o inormation
on ethnicity and race is the contested nature o thecategories. Notwithstanding reservations about the
use o ethnicity as a statistical category, the European
Advisory Committee on Statistical Inormation in the
Economic and Social Spheres (CEIES) has recently
recommended the inclusion o inormation on ethnicity
as a core variable o social statistics, to be collected at
the European level in the uture, particularly within the
ramework o the LFS and EU-SILC. In principle, these
recommendations have been endorsed by the statistical
agency o the European Commission, Eurostat.47
1.3. Availability o statistics regarding
discrimination in the area o
employment
There are basically two ways to established statistical
evidence o discrimination: (a) through direct evidence o
discrimination or discriminatory practices, a more detailed
discussion o which is provided below and (b) through
indirect evidence and statistical inerence. General
labour market data may be used as general indicators
o vulnerability and potential discrimination. Advanced
statistical techniques which control or alternativeexplanatory actors can urther help to indirectly identiy
possible discrimination.
Data on labour market perormance o migrants and
minorities is, by and large, readily available, although not
always in sufcient quality or detail to make statements
regarding the vulnerability o migrants and minorities
or to allow inerences regarding the occurrence o
discrimination.
46 P. Simon (2007) Ethnic statistics and data protection in the Council o
Europe countries, Study report, Strasbourg: Council o Europe.47 See M. Gaude (2007) Statistics on discrimination within the context o
social statistics main issues. Reaction rom Eurostat, Paper given at 33rdCEIES Seminar on Ethnic and Racial Discrimination on the Labour Market:Measurement, statistics and indicators, 7-8 June 2007, Valletta, Malta.
1.3.1. Statistical data on inequality in the labour
market
The most obvious indicators on labour market inequality
are general statistics on employment patterns, and
the most common are labour orce participation and
employment and unemployment rates. Large dierences
in employment patterns, however, may in itsel be
explained by a variety o actors. Thus, dierences in
labour orce participation rates might be related to
dierences in legal status (access to labour market),
dierences in human capital endowments (and
thereore lower chances o employment), dierences
in demographic composition o groups (e.g. more
children and/or old persons), cohort eects (time and
age at immigration and/or entry at the labour market)
or discriminatory attitudes o employers. Thus, to be
able to explain labour market outcomes, labour marketstatistics need to be linked to a wide range o additional
inormation, including on demographic characteristics,
educational attainment, working time (e.g. ull time
or part time), type o labour contract (xed term vs.
permanent), economic sector distribution, occupation
and occupational status, working conditions, and wages.
General statistics on employment participation are
commonly available in EU Member States; however,
national data is rarely comparable due to dierent
concepts used or employment characteristics on
the one hand and or migrants and minorities on theother. More detailed data on labour market outcomes
o certain groups (such as wages, working conditions,
and education) are even scarcer and less comparable.
To some degree, dierences in concepts and denitions
used reect broader dierences in welare regimes, to
which data production is closely linked. Although some
comparative inormation is in principle available rom
harmonised European surveys such as the EU-SILC and
the LFS, problems in accurately sampling immigrants
and minorities, as well as low sample sizes and resulting
problems in data quality and in possibilities to monitor
smaller migrant and minority groups, collectively
constitute considerable obstacles to comparative analysis.
7/27/2019 1696 Pub Migrants Minorities Employment En
22/96
Migrants, minorities and employment Exclusion and discrimination in the European Union
20
1.3.2. Data on discrimination
There are basically ve ways to identiy discrimination
or related practices and attitudes:48
First, experiences o discrimination reported by victims
o discrimination can be studied. Inormation on
experiences o discrimination can be derived rom
reported incidents, complaints and court cases or,
more systematically, rom surveys. The very nature o
inormation on incidents, complaints and court cases
does not make it a useul source o inormation on
broader patterns o discrimination. These problems o
what the data collected in this manner can actually
tell about patterns o discrimination are discussed in
more detail below, in chapter 4.1. Surveys o victims
o discrimination are generally more reliable sources
o inormation. However, these are also raught withproblems; victims may not be aware that discrimination
has taken place and may view unequal treatment as
legitimate or commonplace. Or, by contrast, individuals
may perceive unequal treatment as discrimination while
there are other reasons that explain such behaviour.
In 2008 the EU Fundamental Rights Agency conducted
an EU-wide victim survey investigating discrimination
experiences, victimisation and treatment by authorities,
the results o which became available in 2009.49 This has
or the rst time provided comprehensive and comparable
inormation on experiences o discrimination andvictimisation in the EU-27. (See section 4.2.4 o this report.)
Secondly, matched pair discrimination testing can
provide inormation on discriminatory practices and,
potentially, inormation on employers (rms) discriminating
against migrants and minorities. Discrimination testing
may be used quasi-experimentally to study the probability
and extent o discriminatory behaviour vis--vis specicgroups. In respect o discrimination in employment,
discrimination testing has almost exclusively been
employed in recruitment processes. For methodological
reasons, other orms o discrimination in employment
(promotion, wage discrimination, discrimination inassigning tasks, etc.) are inherently difcult to study
through discrimination testing. Potentially, discrimination
testing would also permit analysing the characteristics
o rms/employers engaged in discrimination. Existing
discrimination tests, however, have usually only collected
48 Categorisation adapted rom: A. Gchter (2004) Detecting DiscriminationAgainst Migrants, ZSI Discussion Paper, No. 3, p. 10, available at: http://www.zsi.at/de/publikationen/346/list (28.10.2008).
49 See EU-MIDIS survey page, available at: http://www.ra.europa.eu/(10.11.2008) and S. Nevala (2008) EU-MIDIS Surveying ethnic minorities
and immigrants in the EU-27, Presentation at the 13th InternationalMetropolis Conerence on Mobility, Integration and Development ina Globalised World, 27-31 October 2008, Bonn, available at: http://www.metropolis2008.org/workshop-inormation/speeches_and_presentations/index.php, (10.11.2008).
very limited inormation on employers. Discrimination
testing is discussed in more detail in section 4.2.
Inter-group comparisons o statistical data is a third
method to identiy discrimination. By statistically
controlling or alternative explanatory variables such as
education, age and gender, any remaining dierences in
labour market outcomes indicate potential discrimination.
Through this method, only indirect evidence or
discrimination can be obtained. The advantage o this
method lies in the act that it does not require specic
survey tools and that it can be applied using available
data sources on employment, i these are o sufcient
depth and quality.
Fourth, inormation on attitudes o the majority
population can provide inormation on the tolerance
o members o the majority population towardsdiscriminatory practices and attitudes, or, conversely, on
the degree o rejection o discriminatory practices and
attitudes and support or non-discrimination. Various
European surveys, including the Eurobarometer and
the European Social Survey regularly include items on
discrimination, racism and xenophobia.50
Such surveys are useul in two ways: First, they allow
monitoring o majority attitudes towards migrants and
minorities, and to some degree they also permit assessing
the impact o policy initiatives such as awareness raising
programmes, and similar initiatives, on public attitudes.Secondly, such surveys can potentially be used to identiy
reasons why persons hold discriminatory belies. Surveys
on attitudes, however, are less useul in the study o
discrimination practices. First, discriminatory attitudes do
not necessarily nd expression in discriminatory practices.
Secondly, individuals may engage in discriminatory
practices without holding explicit discriminatory belies or
without admitting to hold such belies.
A th possible source o inormation on discrimination
is surveys o attitudes and discriminatory practices
o gatekeepers employers, human resource
managers, employment agencies and suchlike. The actthat discriminatory attitudes do not necessarily nd
expression in discriminatory practices also applies to
employer surveys, while inormation on actual practices
may be distorted by a tendency to report only socially
acceptable practices. Thus, inormation provided may
reect the broader acceptance o discriminatory practices
(or non-acceptance) as much as concrete discriminatory
behaviour as such. Despite these caveats, surveys on
gatekeepers potentially provide explanations as to why
employers engage in discriminatory practices. Such
50 See, or example, the special module on discrimination implementedin the 2006 wave o the Eurobarometer: European Commission (2007)Discrimination in the European Union, Special Eurobarometer 263 Wave65.4, TNS Opinion & Social, available at: http://ec.europa.eu/public_opinion/archives/ebs/ebs_263_en.pd (1.12.2008).
http://www.zsi.at/de/publikationen/346/listhttp://www.zsi.at/de/publikationen/346/listhttp://www.fra.europa.eu/http://www.fra.europa.eu/http://www.metropolis2008.org/workshop-information/speeches_and_presentations/index.phphttp://www.metropolis2008.org/workshop-information/speeches_and_presentations/index.phphttp://www.metropolis2008.org/workshop-information/speeches_and_presentations/index.phphttp://ec.europa.eu/public_opinion/archives/ebs/ebs_263_en.pdfhttp://ec.europa.eu/public_opinion/archives/ebs/ebs_263_en.pdfhttp://ec.europa.eu/public_opinion/archives/ebs/ebs_263_en.pdfhttp://ec.europa.eu/public_opinion/archives/ebs/ebs_263_en.pdfhttp://www.metropolis2008.org/workshop-information/speeches_and_presentations/index.phphttp://www.metropolis2008.org/workshop-information/speeches_and_presentations/index.phphttp://www.metropolis2008.org/workshop-information/speeches_and_presentations/index.phphttp://www.fra.europa.eu/http://www.fra.europa.eu/http://www.zsi.at/de/publikationen/346/listhttp://www.zsi.at/de/publikationen/346/list7/27/2019 1696 Pub Migrants Minorities Employment En
23/96
Migrants and minorities: concepts, denitions, data
21
inormation is particularly important or designing
appropriate policy responses to discriminatory behaviour.
1.4. Developments o statistical data
collection over the last fve years
The 2003 EUMC study on migrants, minorities and
employment highlighted several shortcomings o
available statistical inormation on socio-economic
characteristics o migrants and minorities and a lack o
statistically sound data on discrimination. The study
recommended that Member States should take necessary
steps or the improvement o the availability, scope, and
quality o data on migrants and minorities.51
Generally, data collection practices in the European
Union have undergone major changes in the periodunder review. These changes concern a) changes o
data collection systems, both in terms o improvement
o existing datasets and in terms o the introduction
o new survey instruments and other datasets; b) the
broader availability o the core demographic variables
identiying migran