5.10.2002 Official Journal of the European Communities L 269/15 DIRECTIVE 2002/73/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and, in particular, Article 141(3) thereof, Having regard to the proposal from the Commission ('), Having regard to the Opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (*), in the light of the joint text approved by the Conciliation Committee on 19 April 2002, Whereas: (1)  In accordance with Article 6 of the Treaty on European Union, the European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States, and shall respect fundamental rights as guaranteed by the Euro- pean Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, as general principles of Community law. (2)  The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimina- tion of all Forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories. (3)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. (4)  Equality between women and men is a fundamental principle, under Article 2 and Article 3(2) of the EC Treaty and the case-law of the Court of Justice. These (') O] C 337 E, 28.11.2000, p. 204 andO] C 270 E, 25.9.2001, p. 9 () O] C 123, 25.4.2001, p. 81. (*) Opinion of the European Parliament of 31 May 2001 (O] C 47, 21.2.2002, p. 19), Council Common Position of 23 July 2001 (OJ C 307, 31.10.2001, p. 5) and Decision of the European Parliament of 24 October 2001 (O] C 112 E, 9.5.2002, p. 14). Decision of the European Parliament of 12 June 2002 and Council Decision of 13 June 2002. Treaty provisions proclaim equality between women and men as a ‘task’ and an ‘aim’ of the Community and impose a positive obligation to ‘promote’ it in all its activities. (5)  Article 141 of the Treaty, and in particular paragraph 3, addresses specifically equal opportunities and equal treatment of men and women in matters of employment and occupation. (6)  Council Directive 76/207[EEC (*) does not define the concepts of direct or indirect discrimination. On the basis of Article 13 of the Treaty, the Council has adopted Directive 2000/43/EC of 29 June 2000 imple- menting the principle of equal treatment between persons irrespective of racial or ethnic origin (°) and Directive 2000/78/EC of 27 November 2000 estab- lishing a general framework for equal treatment in employment and occupation (¢) which define direct and indirect discrimination. Thus it is appropriate to insert definitions consistent with these Directives in respect of Sex. (7)  This Directive does not prejudice freedom of association, including the right to establish unions with others and to join unions to defend one's interests. Measures within the meaning of Article 141(4) of the Treaty may include membership or the continuation of the activity of organ- isations or unions whose main objective is the promo- tion, in practice, of the principle of equal treatment between women and men. (8)  Harassment related to the sex of a person and sexual harassment are contrary to the principle of equal treat- ment between women and men; it is therefore appro- priate to define such concepts and to prohibit such forms of discrimination. To this end it must be emphas- ised that these forms of discrimination occur not only in the workplace, but also in the context of access to employment and vocational training, during employ- ment and occupation. (99  In this context, employers and those responsible for vocational training should be encouraged to take meas- ures to combat all forms of sexual discrimination and, in O] L 39, 14.2.1976, p. 40. °) O] L 180, 19.7.2000, p. 22. OJ L 303, 2.12.2000, p. 16.