Topic 1 The effect of EU law in a frontline worker’s practice

  • The fundamental nature of human needs and rights requires that they be met as a basic justice imperative.
  • Thus, frontline work points out to a consideration of human rights as the most organizing principle for its professional practice.
  • Frontline work is concerned with the protection of individual and group differences. Frontline workers are often forced to mediate between the people and the institutions and authorities or other people and bodies (services, firms, etc.).
  • As bridge professions, frontline workers need to be aware of their values and have a solid knowledge base in human rights to guide people in many conflicting situations.
  • They must be aware that achieving progress in the implementation of human rights depends on effective national and international policies and a clear and defined legislative framework.
  • Frontline workers must be familiar with the legislative instruments that can help them in their work and must be able to identify gaps.

 

Front-line workers should have a clear perspective of the European Directives against discriminations. They are often the first people to deal with discriminated people and shall be able therefore to correctly inform the victims of their rights and the paths or steps to be undertaken. Moreover, frontline workers should be able to effectively assist the victim of a discrimination during a lawsuit, a mediation or any other proceeding.

One of the principal weaknesses of the European Directives is their concrete application.

Victims ignore the tools for their protection or the procedures to reach it so their rights are often trampled.

On another side victims often feel alone while facing one or more episodes of discrimination and even if aware of their rights choose not to proceed against the perpetrator because they feel a lack of support both professional than psychological.

Front line workers with an upgraded knowledge of the European framework and of the relative application in the national framework represent the first actors of the expected change of view on discriminations.

Front line workers well trained will have the capacity to understand what is better for the victim, facing the discrimination on concrete grounds in order to grant the victim a real chance to overcome the discrimination

 

Mr. Milosk is a young boy very expert in computer and technology. He is looking to be hired and sends his CV to different companies. Every time his application si rejected.

During a phone call with the secretary of the company ABC that rejected his application Milosk understands  that this is due to his surname that indicates his Roma origins.

Mr. Milosk knows his rights and wants to proceed with a legal action against the company ABC.

Mr. Milosk contacts the trade union next to his house to ask for support. He contacts Mr. Albanese, a frontline worker at the trade union.

 

A.SCENARIO: Mr. Albanese ignores the EU Directives.

Mr. Albanese supports the will of Mr Milosk and approves his decision of a legal proceeding.

A.SCENARIO Mr. Albanese acknowledges the EU Directives

Mr. Albanese will evaluate the situation informing Mr. Milosk of the risks of a legal proceeding especially under the aspect of the burden of the prove.

Mr Albanese may inform Mr. Milosk that in case of a penal proceeding the company ABC may be condemned to an economic refund but Mr. Milosk may not be hired. 

Mr. Albanese may instead intervene as a mediator between Mr. Milosk and the company ABC trying to convince the CEO to give Mr. Milosk a chance considering his very attractive CV and his experience in the sector.

Mr.Milosk is a 23 year old boy of Roma origins. On Friday night he decides to go to a famous disco with his italian friends. However the entrance to the disco was denied (only to him). The doorman expressly explained loudly in front of all the other people that by order of the owner of the disco, Mr. Dante the Roma were not welcome because, always according to the owner “they cause always troubles for their aspect and may steal money».

Mr. Milosk feels really ashamed: he had to leave without entering the disco and everybody out of the disco was watching him with shame moving far.

The day after Mr. Milosk goes to the frontline office for strangers and asks advice for the episode. He is addressed by Mr. Albanese.

 

A.SCENARIO  Mr. Albanese ignores the Eu Directives

Mr. Albanese suggests a mediation maybe offering to speak to the owner of the disco in order to convince him to let Mr. Milosk in next time.

A. SCENARIO Mr. Albanese acknowledges the Eu Directives

Mr. Albanese understands that Mr. Milosk has been victim of racial discrimination with a clear heavy infringement of the right of personality protected by the Constitution, the penal code and the Eu Directives.

Mr. Albanese understands that the doorman committed discrimination because he was instructed to discriminate by his employer Mr. Dante.

Mr. albanese doubts that a proceeding of mediation may change the mind of Mr. Dante, besides he understands that Mr. Milosks suffered a discrimination in front of other people that needs to be denounced in front of the authorities. This also may create a social case that could help other people not to suffer the same treatment.

Mr. Albanese helps Mr. Milosk to fill a report for the police to expose the happenings.