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Migrants, minorities and employment

Exclusion and discrimination in the 27 Member States ofthe European Union

Update 2003 2008


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Cover picture: iStockphoto

More inormation on the European Union is available on the Internet (http://europa.eu).

FRA - European Union Agency or Fundamental Rights

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1040 WienAustria

Tel.: +43 (0)1 580 30 - 0

Fax: +43 (0)1 580 30 - 691

Email: [email protected]

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:[email protected]://fra.europa.eu/fraWebsite/home/home_en.htmhttp://fra.europa.eu/fraWebsite/home/home_en.htmmailto:[email protected]://europa.eu/


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Migrants, minorities and employment

Exclusion and discrimination in the 27 Member States of

the European Union

Update 2003 2008


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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/


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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


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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


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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


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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.


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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


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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.


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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_finance


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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/eurostat


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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=en


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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
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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.pdf


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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.
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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.
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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,G5


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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.


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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/list


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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

Documents

1696 Pub Migrants Minorities Employment En