4. Gender Policy Strategies: Anti-discrimination Policy, Managing Diversity or Gender Mainstreaming – The Current Debate This chapter compares gender policy strategies. The analysis is based on the theoretical considerations of gender and the gender objectives developed in Chapter 3. 4.1 Anti-discrimination policy or gender mainstreaming? Gender policy can use a number of different strategies. At European level, a broad anti­discrimination policy that uses the category of gender is being followed in addition to the gender mainstreaming strategy. The new Üçêáòçåí~ä=~ééêç~ÅÜ is being discussed in the course of implementing the European guidelines on antidiscrimination. The basic principle of this approach is:“Every individual has the right to equitable treatment, regardless of whether they are a man, woman, a person with or without a disability and whether or not they belong to a minority group.”(Lockett 2004). The discrimination criteria are defined as: race or ethnic origin(Council Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin 200/43/EC), religion or belief, disability, age or sexual orientation(Council Directive for equal treatment in employment and occupation 2000/78/EC). Discrimination on the basis of biological sex was covered in earlier directives. Discrimination based on these factors is treated with a single approach on three different levels: 1. On the legal level by including a broad range of discriminatory factors in one law. One anti-discrimination policy provides the basis for legal measures against differences of treatment. The following principles are used to fight all types of discrimination through jurisprudence: • Reversal of the burden of proof(the person who was discriminated against must not produce evidence that discrimination occurred; instead, the plaintiff must provide evidence that there has been no breach of the principle of equal treatment), • A definition of legal status(who is entitled to file charges on discriminatory practices), • Sanctions for violations of anti-discrimination laws. 2. In the promotion of groups concerned with anti-discrimination. The European Community’s action program against discrimination provides funding to NGOs, which in the past have represented the interests of only one group that is subject to discrimination, to cooperate with organizations that focus on another form of discrimination. 3. In the creation of an anti-discrimination institution: The directive calls for the creation of an office that is responsible for monitoring its implementation in national law. The horizontal approach can give the impression that all discrimination factors are threaded like pearls in a necklace and treated equally. In the legal context, the term “gender” could be inserted in the legal definition of the list of discrimination factors. However, this does not meant that these factors are granted the same significance in social reality. Gender is seen in the debate over the horizontal approach as one 24