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The purpose of this
conference organised in partnership between the Council of Europe, the
European Commission and the Province of Quebec is to discuss the social and
operational challenges, in particular the acquisition of intercultural
competences, facing public institutions, especially in the field of personal
services, as a result of interaction with cultural diversity. In a changing
Europe, public establishments have to respond to the growing demands for
change coming from users.
Interaction, therefore,
comprises forms of institutional accommodation in order to ensure that
access to rights and services is non-discriminatory and of the same quality
for everybody – also from the point of view of communication and
understanding – especially those from different linguistic, cultural and
religious background or for whom special treatment must be provided because
of their particular situation.
Institutional
“accommodations” in Europe are often part of a “common sense” ethic,
depending for the most part on the level of commitment of the public
authorities (particularly local and regional authorities) and the service
operators working in line with a proactive vision of non-discrimination
against migrants and minorities. This has given rise to practices
introducing pragmatic flexibility within several structures, particularly
health-care services, social services, child and family protection services
and also education.
Nonetheless, these
European practices are circumscribed in legal frameworks which protect the
resident populations from all forms of discrimination, whether direct or
indirect. Alongside the instruments recognising the universality of human
rights, there are others relating more specifically to non-discrimination,
such as the Council of Europe’s Social Charter and the Framework Convention
for the Protection of National Minorities and the European Charter for
Regional or Minority Languages , the European Convention on Human Rights,
Article 12, Protocol 14 and the European Union’s Directives on equal
treatment of people irrespective of racial or ethnic origin (2000/43/EC),
equal treatment in employment and occupation (2000/78/EC), the proposal to
extend equal treatment beyond the employment sector (COM (2008) 426 of 2
July 2008), and various pieces of national legislation such as the Equal
Treatment Act in the Netherlands and the Equality Act in the United Kingdom.
Institutional
“accommodations” deriving from the application of these instruments are
sometimes implicit in nature in Europe, contrary to the situation in Quebec
where they are part of an explicit policy of interculturalism (1).
This experience which will be analysed during this conference sheds light on
the institutional or private efforts to help make things move forward in
line with the need to accommodate specific demands. The result is therefore
a significant “achievement” for society encouraging others to follow suit.
This does not mean that exceptional treatment is the rule, but rather that
the obligation for individual accommodation may give rise to a structural
transformation of institutions, particularly social and educational
services.
This conference will deal
primarily with the following topics:
-
the advantages and
limits of the concept of reasonable accommodation for interaction in
social services in relation to the European frameworks of
non-discrimination (2). In this context, a comparative analysis will be
made of the role of the courts in promoting accommodation in
institutions;
-
an analysis of the
“accommodations” which social workers, mediators and other service
operators employ in Europe, and the forms of mediation in place;
-
training in
intercultural competences;
-
an analysis of the
role played by institutional language in securing a full understanding
of rights, rules and procedures in a pluralist society.
In brief, this
conference, which also serves to promote the Council of Europe’s White Paper
on Intercultural Dialogue, is seeking to open up a European debate on the
most appropriate mechanisms for the introduction of social services and
structures which reflect the pluralism of society and which, in this way,
will contribute to social cohesion.
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