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DRAFT 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

FEMM-PR-759668

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

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The Committee on Women's Rights and Gender Equality gives its consent to the draft Council directive on standards for equality bodies. The explanatory statement says equality bodies promote equal treatment in each member state and need stronger independence, funding and litigation powers. It asks for alternative dispute resolution, common monitoring indicators set by the Commission, and cooperation between equality bodies and other bodies. It finds that existing legislation and the 2018 Commission recommendation have not ensured sufficient resources or an even level of protection across member states.

Committee position. The committee gives its consent to the draft Council directive and sets out in the explanatory statement the need for strong minimum standards on independence, funding, litigation powers, alternative dispute resolution, monitoring and cooperation.

Key points

  1. Parliament gives its consent to the draft Council directive.
  2. Equality bodies are public organisations that assist victims of discrimination, act in court, conduct surveys, publish reports, collect data, raise awareness and make recommendations.
  3. They must also act on multiple and intersectional discrimination, and the scope of equal treatment of men and women cannot be limited to discrimination based on a person being of one or other sex.
  4. Equality bodies should respect the autonomy, competences and prerogatives of social partners and the competences of labour inspectorates, national courts and statutory tribunals.
  5. Equality bodies were first established by the Racial Equality Directive (2000/43/EC), followed by the Gender Equality Directives on goods and services (2004/113/EC), employment (2006/54/EC) and self-employment (2010/41/EU).
  6. The 2018 Commission recommendation on binding standards did not ensure sufficient resources and tools, and conditions for equality bodies differ significantly between member states.
  7. Strong minimum standards are needed, based on the independence of equality bodies and their staff, free from external interference and with adequate funding.
  8. Equality bodies should have the right 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.
  9. Member States should provide for alternative dispute resolution, such as conciliation and mediation led by the equality body or another independent entity not government related.
  10. The Commission must establish a list of common indicators for monitoring by implementing act, work closely with other relevant institutes, and regularly evaluate discrimination in each member state.
  11. Member States must ensure equality bodies can cooperate with other equality bodies, public and private entities, civil society, and at Union and international level, including EIGE, FRA and Equinet.
  12. Member States may apply or introduce laws, regulations or administrative provisions more favourable than the minimum standards in the directive.

Who is affected

  • National equality bodies: they gain strengthened independence, funding, litigation powers and cooperation duties.
  • Member States: they must provide alternative dispute resolution and ensure cooperation mechanisms.
  • The Commission: it must set common monitoring indicators and regularly evaluate discrimination in each member state.
  • Social partners, labour inspectorates, national courts and statutory tribunals: their competences and autonomy must be respected.
  • Victims of discrimination: they should receive independent assistance and access to quick, affordable dispute resolution.

Figures and deadlines

  • Directive 2000/43/EC first established equality bodies.
  • Directive 2004/113/EC covers gender equality in goods and services.
  • Directive 2006/54/EC covers gender equality in employment.
  • Directive 2010/41/EU covers gender equality in self-employment.
  • In 2018, the Commission issued a recommendation on binding standards for equality bodies.

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