Page 26 - ELG2205 May Issue 480

FEATURE .

PHOTOS BY SHUTTERSTOCK

EU law and the non-native

speaker teacher

Lawyer Patrick Mustu explains how discrimination can be
countered in the courts

magine you want to learn Spanish. You go to the extent that some providers only want on grounds of racial or ethnic origin, religion or
to Spain for a couple of weeks and book a to work with them. Such hiring policies are belief, age, disability and sexual orientation.
course with a local school. You arrive for widespread, but they are not backed by any All member states have enacted or amended
Iyour first lesson and meet your teacher, who research evidence and, in the European legislation reflecting these principles. For
happens to be from Birmingham. Would you Union, they can also have legal implications. example, the UK has the Equality Act and
find that odd, at least at first sight? Probably. In 2000, the EU adopted two directives Ireland the Employment & Status Equality
The idea that languages are best taught by aimed at combatting discrimination: the Acts. They ensure access to justice by having
native speakers is as old as language schools Racial Equality Directive and the Employment judicial, administrative and conciliation
themselves. For them, it has been part of their Equality Directive. They prohibit discrimination procedures available to victims, combined with
method, a unique selling point and a ‘quality special relief: it is sufficient to present facts
feature’. Many students also believe they can It is sufficient to present from which it may be presumed that there has
learn better from someone who knows ‘real’ been discrimination. The burden of proof then
English and understands the ‘culture’. facts from which it may be shifts to the other party, who has to prove that
Native speakers are seen as role models and a breach has not occurred. This considerably
mentors who are able to deliver high-level presumed that there has lowers the bar for taking legal action.
communication and writing practice. They How are those laws working for you in the
also enjoy advantages on the jobs market been discrimination real world? In most countries, remedies include
26 May 2022