On 7 December, the European Commission proposed two initiatives to create standards for equality bodies. Equality bodies are independent public organisations assisting victims of discrimination.
Equality bodies assist victims of discrimination (including disability discrimination), monitor and report on discrimination issues, and contribute to an awareness of rights and equality.
EDF appreciates that the proposals put forward by the Commission take into consideration our suggestions concerning accessibility and the provision of reasonable accommodation. This will help persons with disabilities in being protected on an equal basis. This is in line with our ongoing advocacy for equal access and support to persons with disabilities. We will also strive to ensure binding provisions on accessible communications
What do the proposals cover?
The Commission is proposing a set of binding rules to strengthen the role and independence of equality bodies:
- Enhanced competences: The proposals extend the competence of equality bodies to two existing Directives, the Employment Equality Directive and the Gender Equality Directive in the field of social security.
- Accessibility for all victims: Services of equality bodies will have to be free and accessible to all victims on an equal basis, including for persons with disabilities. Equality bodies will also have to provide complainants with a preliminary assessment of their case.
- Independence: There will be a legal requirement for equality bodies to be free from external influence, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
- Sufficient resources: Member States will have to provide equality bodies with the human, technical and financial resources necessary to exercise all their competencies effectively.
- Enhanced powers in discrimination cases: Equality bodies will be able to investigate cases of discrimination, issue opinions or binding decisions (depending on the choice of Member States), and act in court in discrimination cases. Equality bodies will also be able to propose an alternative dispute resolution mechanism, such as conciliation or mediation, to the parties in a complaint procedure.
- Consultation on law- and policy-making process: Public institutions will be required to consult equality bodies in a timely manner and to consider their recommendations on matters related to discrimination and equal treatment; equality bodies will also cooperate with other relevant stakeholders to share knowledge and create synergies.
- Awareness raising: Member States and equality bodies will step up their efforts to prevent discrimination and promote equality.
- Sharing expertise: Equality bodies will produce regular reports on the state of equal treatment and discrimination and be able to make recommendations.
What about persons with disabilities?
The recitals of the proposals indicate that they should be applied in a way that respects the UN Convention on the Rights of Persons with Disabilities.
In addition, they put an emphasis on accessibility and reasonable accommodation for persons with disabilities, saying that “Equality bodies should ensure physical and digital accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case.”
Article 11(3) of the two directives puts specific obligations on the Member States to ensure accessibility and reasonable accommodation.
Next steps
The two proposals will be now be discussed by the European Parliament and the Council of the EU. EDF will advocate for a stronger text, in close contact with the European Network of Equality Bodies – Equinet
Contact
Marine Uldry, EDF Human Rights Policy Coordinator
marine.uldry@edf-feph.org