ABSTRACT
This chapter argues that the Race Directive could and should be amended so that it is able to deal with the anomalies and effects of institutional racism. Although it was not the purpose of the Race Directive to deal with past wrongs of transatlantic slavery, the fact that it is dealing with racial discrimination makes the link with the legacy of transatlantic slavery, that is the modern day form of racism one of which is institutional racism. It also argues that whilst the Race Directive is welcomed it comes with problems in terms of interpretation, ambiguity, as well as the failure to protect third-country nationals. The chapter suggests that whether the problem is textual, or to do with the scope or a purposive reading of the Directive the failure to address institutional racism comprehensively is a major lacuna. The problem with the Race Directive is that it presents textual ambiguity.
