Is there not discrimination against black people in Europe?there is. my point is that you can discover them by tracking their origin and language. no need to track their race. it's extremely rare that any have been living in europe for more than two, maybe three generations (maybe a bit less rare in france, belgium, netherlands due to their colonies).
EDIT: the guardian article actually touches on that and argues that migration background is being tracked, but doesn't work, but if i understand it correctly, they don't track previous generations.
but anyways, my suggestion is just a hack on the current law. what we really need to focus on is identifying factors that lead to discrimination and statistically track them. skin color is such a factor. if the law prevents that, then and we can't find another way to solve the problem, then maybe it should be changed.