134 PROMOTING AND PROTECTING MINORITY RIGHTS Legal framework to fight discrimination, racism and xenophobia Discrimination on grounds such as racial or ethnic origin, religion or belief is incompatible with the basic principles on which the European Union is founded and must be combated by the Union while defining and implementing its policies and activities (see art. 2 of the Treaty on European Union and art. 10 of the Treaty on the Functioning of the European Union155). The European Union has been working hard in recent years to complete its internal legislative framework to fight racism and discrimination.156 The Governments of member States are required under EU anti-discrimination law to enact national legislation which prohibits discrimination on grounds of race or ethnic origin in areas including employment, education, social protection and access to and supply of goods and services (Council Directive 2000/43/EC).157 Protection against discrimination applies to every person living in the European Union, not only EU citizens. The Directive allows member States to adopt positive measures. Moreover, member States are obliged to designate or set up an independent body to help persons who have been discriminated against on the grounds of their racial or ethnic origin to receive advice and support to pursue their complaints. Most of these bodies are part of Equinet, the European Network of Equality Bodies, which develops cooperation and facilitates the exchange of information and good practice among national organizations.158 The Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law was adopted in 2008 (2008/913/JHA).159 Requiring domestic adoption of appropriate laws, it aims to ensure that racist and xenophobic offences are sanctioned in all EU member States by effective, proportionate and dissuasive criminal penalties. Punishable offences include intentional public incitement to violence or hatred against a group of persons or a member of such a group, defined by reference to race, colour, religion, descent or national or ethnic origin. Such incitement is also punishable if committed through public dissemination or distribution of tracts, pictures or other material. The public condoning, denial or gross trivialization of Nazi crimes, crimes of genocide, crimes against humanity or war crimes, when carried out in a manner likely to incite violence or hatred, are also to be punished. For any criminal offences other than those covered by the Framework Decision, member States are obliged to ensure that racist and xenophobic motivation is considered as an aggravating circumstance or, alternatively, that such motivation may be taken into account in the determination of punishment. The Framework Decision provides for the liability of legal, as well as natural, persons. The investigation or prosecution of a crime referred to in the Framework Decision is not dependent on a report or accusation made by the victim.160 Information and awareness-raising about rights and obligations Although legislation prohibiting discrimination against persons belonging to minorities is an absolute prerequisite to protection of their rights, on its own it cannot achieve the goal of creating a society free from discrimination. Prejudices and stereotypes faced by people because of their personal characteristics may impede them from fully participating and contributing at all levels of society. This is why the European Union seeks to improve knowledge about discrimination, OJ 2010/C 83/47. 155 See http://ec.europa.eu/justice/discrimination/index_en.htm (accessed 4 December 2012). 156 OJ 2000/L 180/22. 157 See www.equineteurope.org. 158 OJ 2008/L 328/55. 159 See http://ec.europa.eu/justice/fundamental-rights/racism-xenophobia/framework-decision/index_en.htm (accessed 4 December 2012). 160