On the proposal for a directive of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU
A-9-2023-0354
Committee on Employment and Social Affairs Committee on Women's Rights and Gender Equality · Rapporteur: Marc Angel, Sirpa Pietikäinen
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's amended version of a proposed directive sets minimum standards for equality bodies that promote equal treatment between women and men in employment and occupation. It requires member states to make equality bodies independent, well funded and able to assist people who have experienced discrimination.¶¶¶ The amended text gives equality bodies powers to investigate, issue opinions or binding decisions, act in court, and run alternative dispute resolution. It also requires them to collect data, publish reports and cooperate with other bodies.¶¶¶ It deletes Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU, and sets a transposition deadline of 12 months.¶¶
Committee position. The committees propose to amend the Commission proposal by strengthening the independence, resources and competences of equality bodies, adding provisions on investigation, opinions and decisions, court action, data collection and reporting, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU.¶¶¶
Key points
- The directive lays down minimum requirements for equality bodies to improve their effectiveness and guarantee their mandate, competences, independence and autonomy.¶
- Member states must designate one or more equality bodies, ensure a coherent institutional architecture, and ensure the bodies cover single or multiple grounds of discrimination.¶¶
- Equality bodies must be fully independent and autonomous, must not be set up within a ministry or government body, and their staff must be selected through transparent, participatory and competence-based processes.¶¶¶
- Member states must give equality bodies stable human, material, technical and financial resources, with budgetary and financial autonomy and multi-annual budget planning.¶
- Equality bodies must provide free assistance to people who have experienced discrimination, including legal advice, information on procedures and remedies, and a first consultation on their case.¶¶¶
- Equality bodies or other dedicated entities must be able to offer alternative dispute resolution, including conciliation and mediation, with decisions binding only if both parties agree.¶¶
- Equality bodies must be empowered to investigate whether breaches of equal treatment have occurred, access information and documents, and cooperate with public bodies such as labour inspectorates.¶¶
- Equality bodies must be able to record written assessments of cases as non-binding opinions or binding enforceable decisions, with measures to remedy breaches and follow-up mechanisms.¶
- Equality bodies must have the right to act in court proceedings, including as a party, submitting observations, acting on behalf of or in support of persons, and initiating proceedings in their own name.¶¶¶
- Member states must guarantee equal access to equality bodies' services, including free services, local and regional offices, accessible digital tools, and reasonable accommodation for persons with disabilities.¶¶¶
- Equality bodies must cooperate with other equality bodies, Equinet, public and private entities, and Union bodies such as the European Institute for Gender Equality and the European Union Agency for Fundamental Rights.¶
- Member states must ensure equality bodies collect disaggregated data, can access statistics, conduct surveys, and publish an independent report at least every three years.¶¶¶
Who is affected
- Equality bodies in member states: they gain independence, resources, investigation and court powers, and reporting duties.¶¶¶
- People who have experienced discrimination: they can receive free assistance, legal advice and access to alternative dispute resolution.¶¶¶
- Member states: they must designate equality bodies, ensure their independence and funding, and transpose the directive within 12 months.¶¶¶
- Employers and public bodies: they may be subject to investigations and binding decisions by equality bodies.¶¶
Figures and deadlines
- 12 months: deadline for member states to bring into force laws to comply with the directive.¶
- Every three years: frequency for equality bodies to publish an independent report on equal treatment and discrimination.¶
- Every three years: frequency for member states to provide the Commission with information on the application of the directive.¶
- 71%: share of members of ethnic or immigrant minority groups who reported being unaware of any organisation offering support or advice to victims of discrimination.¶
Legal basis: Article 294(2) and Article 157(3) of the Treaty on the Functioning of the European Union.¶