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RECOMMENDATION (10788/2023 – C90031/2024 – 2022/0401(APP))

On the draft Council directive on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC

A-9-2024-0128

Committee on Women's Rights and Gender Equality · Rapporteur: Sirpa Pietikäinen

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Parliament gives its consent to the draft Council directive setting minimum standards for equality bodies across the EU. The directive covers equal treatment irrespective of racial or ethnic origin, religion or belief, disability, age, sexual orientation, and between women and men in social security and access to goods and services. The explanatory statement says equality bodies need independence, adequate funding, litigation powers and cooperation mechanisms, and that the Commission should set common monitoring indicators. Member States may keep or introduce rules more favourable than the minimum standards in the directive.

Committee position. The Committee on Women's Rights and Gender Equality recommends that Parliament give its consent to the draft Council directive.

Key points

  1. Parliament gives its consent to the draft Council directive on standards for equality bodies.
  2. The directive covers equal treatment irrespective of racial or ethnic origin, religion or belief, disability, age or sexual orientation, and between women and men in social security and access to goods and services.
  3. Equality bodies are public organisations that assist victims of discrimination, act or represent them in court, conduct surveys and enquiries, publish reports, collect data, raise awareness and make recommendations.
  4. Equality bodies must also address multiple and intersectional discrimination, and the scope of equal treatment between men and women cannot be limited to discrimination based on a person being of one or other sex.
  5. In workplace matters, equality bodies should respect the autonomy, competences and prerogatives of social partners and the competences of government agencies, labour inspectorates, national courts and statutory tribunals.
  6. Strong minimum standards are needed, based on the independence of equality bodies and their staff, free from external interference and with adequate funding matching their tasks.
  7. Equality bodies should have litigation powers: to act as a party in proceedings, submit observations to the court, or initiate or participate in proceedings on behalf or in support of victims.
  8. Member States should provide for alternative dispute resolution, such as conciliation and mediation led by the equality body or another independent dedicated entity not related to government.
  9. The Commission must establish a list of common indicators for monitoring by implementing act, work closely with other relevant institutes, and regularly evaluate the situation of discrimination in each Member State.
  10. Member States must ensure equality bodies can cooperate with other equality bodies, public and private entities including civil society organisations, at national, regional, local, Union and international level, and with EIGE, FRA, Equinet, social partners and labour inspectorates.
  11. Member States may apply or introduce laws, regulations or administrative provisions more favourable than the minimum standards laid down in the directive.

Who is affected

  • Equality bodies in each Member State: they gain minimum standards on independence, funding, litigation powers and cooperation.
  • Victims of discrimination: they are to receive independent assistance, representation in court and access to alternative dispute resolution.
  • Member States: they must ensure equality bodies have the required mechanisms and may keep more favourable rules.
  • The Commission: it must set common monitoring indicators and regularly evaluate discrimination in each Member State.

Legal basis: Article 19(1) of the Treaty on the Functioning of the European Union