In a move towards promoting equal treatment and combating discrimination, the Council has formally adopted two directives aimed at strengthening the role of equality bodies across the European Union (EU).
Equality bodies, established to promote equal treatment, combat discrimination, and offer assistance to victims, are set to see an improvement in their effectiveness and a guarantee of their independence with the new rules adopted today. These directives establish common EU-wide minimum requirements for equality bodies in several key areas.
Enhanced Competences
The new rules enhance the competences of equality bodies to combat discrimination on the grounds of religion or belief, disability, age, and sexual orientation in the area of employment. They also address discrimination based on sex in the area of social security.
Independence and Resources
The directives introduce a legal requirement for equality bodies to be independent from external influence. They also mandate the provision of sufficient human, technical, and financial resources to these bodies.
Consultation and Empowerment
Public institutions will now be required to consult equality bodies on matters related to discrimination. Furthermore, equality bodies will be empowered to carry out activities to prevent discrimination and promote equal treatment, such as promoting positive action and equality mainstreaming.
Increased Powers
The directives also increase the powers of equality bodies to conduct inquiries and engage in dispute resolution in discrimination cases, in line with national law and practice.
The directives will now be signed and will enter into force following publication in the EU’s Official Journal. Member states will have two years to adapt their national legislation to the provisions of the directives.
The Role of Equality Bodies
Equality bodies are public institutions that protect and provide assistance to victims of discrimination. The EU’s equality legislation stipulates that all member states must establish national equality bodies to deal with cases of discrimination on the grounds of sex, and racial or ethnic origin.
Under the existing legislation on equality bodies, member states have a wide margin of discretion, leading to significant differences across the EU as regards the competences, independence, resources, accessibility, and effectiveness of such bodies.
On 7 December 2022, the Commission published two proposals to strengthen equality bodies. These proposals aim to establish standards for equality bodies in various fields, including equal treatment and equal opportunities between women and men in matters of employment and occupation, and equal treatment between persons irrespective of their racial or ethnic origin, religion or belief, disability, age or sexual orientation, and in the access to and supply of goods and services. These proposals are based on Article 157 TFEU and Article 19(1) TFEU respectively.
This move marks a significant step towards ensuring equal treatment and combating discrimination across the EU, strengthening the role and effectiveness of equality bodies in the process.
