Combatting Discrimination in the European Union

Executive summary

Discrimination occurs when individuals or groups face unequal treatment based on characteristics such as ethnicity, religion, disability, age, sexual orientation or gender. This can limit their rights, opportunities, and overall well‑being. In the past five years, the European Union (EU) has intensified efforts to fight discrimination under the Union of Equality, such as developing equality strategies and amending legislation to empower equality bodies to better support victims of discrimination and increase public awareness. However, measuring discrimination and the effectiveness of policy responses can be difficult due to data limitations, as most EU Member States do not systematically collect data on ethnicity, racial origin and sexual orientation.

To support efforts to strengthen policies and laws to promote equality and inclusion, this report provides new evidence on the state and effects of discrimination in OECD EU countries across legally protected grounds, and examines laws, policies, and mainstreaming approaches to promote non‑discrimination, equality and inclusion. Drawing on survey data and responses to the OECD Anti-Discrimination Questionnaire, this report analyses discrimination on the grounds of ethnicity, race, religion, disability, age, sexual orientation, and gender identity, while incorporating an intersectional perspective to assess the role of sex in shaping experiences.

Rising self-reported discrimination rates in the EU

According to the Discrimination in the EU Eurobarometer, the self-reported discrimination rate has risen from 15% in 2019 to 21% in 2023 on average across the EU. Countries with high self-reported discrimination rates have tended to show consistently elevated levels across multiple grounds, rather than discrimination being concentrated in a particular ground. Demographic shifts, increased social awareness, and global crises such as the COVID‑19 pandemic may have contributed to this rise.

The incidence of discrimination is not shared evenly across the population, with over half of people from racialised communities, lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals, persons with disabilities and religious minorities stating that they experienced discrimination in the past year (in contrast to less than 20% of non-minorities). Women, particularly those from racialised communities and lesbians, often report multiple forms of discrimination, reflecting their intersecting risk factors. Nearly one-in-three ethnic, racial and religious minorities state they experience discrimination ‘most or all the time’ (compared to less than one-in-ten non-minorities). Persistent exposure to discrimination has severe consequences, particularly for mental well-being.

Discrimination affects many aspects of people’s lives and society more broadly

Discrimination profoundly impacts the economic opportunities and health of individuals. According to the Opportunities Module of the 2022 OECD Risks That Matter Survey, 77% of people who report experiencing discrimination in the past year are concerned about their financial security compared to 68% of those who have not experienced discrimination in the past year. At the same time, affected individuals are almost three times as likely to report mental health issues compared to people who do not report experiencing discrimination in the past year, according to the 2023 AXA Mind Health Survey. The economic effects of discrimination are most pronounced for persons with disabilities.

While individuals bear the brunt of the effects of discrimination, there are also costs borne by societies and economies more broadly. Discrimination hinders equal opportunity, forcing individuals into roles below their skill level, weakening economic incentives, and possibly resulting in a misallocation of human and economic capital. It may also contribute to workplace underperformance due to mental health strain and weaken economic development when affected individuals drop out of the labour market or forgo education, believing that their efforts will not be well-remunerated. In addition, discrimination can erode social cohesion by marginalising minority groups – denying them opportunities to participate in the economy and society. Discrimination can cause people to feel like they do not belong, which can thwart economic cooperation and undermine support for governments, public investment and trust in institutions. It can also compromise people’s participation in social and cultural events, which can strain community development and civic engagement.

Most OECD EU countries focus on fighting racial and disability discrimination, with less attention paid to other grounds

Strong anti-discrimination laws and inclusive policies are linked to positive social attitudes toward at‑risk groups. In OECD EU countries, such protections correlate with greater acceptance of LGBTI people, religious minorities, persons with disabilities, and ethnic and racial minorities. This suggests that strengthening anti-discrimination measures could be a path to reducing bias and fostering social cohesion, as minority acceptance is a key component of societal cohesion.

While some OECD EU countries have adopted comprehensive legal approaches to address discrimination against all at-risk groups, many focus on specific populations, as highlighted by the OECD Anti‑Discrimination Questionnaire. Most prominently, legal prohibitions against racial and ethnic discrimination and disability discrimination generally outstrip protections for LGBTI people and religious minorities. Disparities in the legal protections for various grounds reflect differences in the scope of EU anti-discrimination and inclusion laws, with the Racial Equality Directive covering areas of life beyond employment and many laws promoting equality for persons with disabilities. In contrast, anti‑discrimination laws covering other protected grounds only apply to employment and employment‑related activities (for example, the Employment Equality Directive).

A similar pattern emerges with respect to policies to promote equality and inclusion, with many OECD EU countries mainstreaming equality for racialised groups and persons with disabilities, as well as designing policies to target issues faced by these groups. Examples include policies to build trust with police, promote educational and employment opportunities and increase the accessibility of products, services and the built environment. In contrast, fewer countries design policies or mainstreaming approaches around the needs of LGBTI people and religious minorities.

Gaps in legal protections, policy frameworks, and mainstreaming efforts contribute to higher self-reported discrimination rates, particularly in areas not covered by EU anti-discrimination laws, such as non‑employment settings for the grounds of sexual orientation, religion and age. Because legal and policy protections vary across different grounds, some OECD EU countries have room to enhance support and ensure equal protections for all at-risk groups. A potential approach is for countries to harmonise anti‑discrimination legislation across all protected grounds, supported by EU policy guidance and funding to expand equality initiatives. In addition, the EU and its Member States could systematically collect data on at-risk groups to inform policy and legal developments.