This conference took place in person on 12 October following the 2023 Equinet Annual General Meeting. It was aimed at all actors in the enforcement chain of Equality and anti-discrimination legislation, notably, Equality Bodies’ legal experts, national and European legislators, Civil Society Organisations.
Find below the synthesis report available for download.
Background
Equality and non-discrimination for all is an essential requisite of any democratic society. But equality legislation needs to be effectively implemented and enforced if we are to reach our objectives. Sanctions and remedies in cases of proven discrimination are crucial for this. The EU anti-discrimination Directives contain scarce guidance on such sanctions, which has resulted in the ‘effectiveness’, ‘proportionality’ and ‘dissuasiveness’ to be interpreted in a very heterogeneous fashion across member states. The FRA opinion ‘Equality in the EU 20 years on from the initial implementation of the Equality Directives’ in the case of the 2000 Directives (RED and EED), “…calls into question the effectiveness of the measures and institutional arrangements Member States have put in place to enforce non-discrimination legislation, including the rules they have laid down as regards the effectiveness, proportionality and dissuasiveness of sanctions in cases of discrimination”, which coincides with the Future of Equality Legislation in Europe roundtable discussion conclusion organised by Equinet in that current sanctions “do not guarantee effective redress nor do they act as an effective deterrent”. Further, FRA signals that the problem of underreporting is inextricably linked to the perceived effectiveness of the redress for the victim and should therefore be reinforced by member states.
Based on Equinet’s report Preventing and Reacting to Discrimination through Sanctions and Remedies, this conference was aimed at reflecting on the enforcement of the existing equality and non-discrimination legislation in order to ensure that future legislative and policy measures target ensuring effective enforcement through the redress mechanisms such as sanctions.
Objective
To better inform participants about legal redress and sanctions in their area of expertise, as well as to give participants a more comprehensive overview of these areas in analogous legislation and their interpretation.
Synthesis report
Other resources
- Report: Preventing and Reacting to Discrimination through Sanctions and Remedies
- Summary of the Report on Preventing and Reacting to Discrimination through Sanctions and Remedies (10 pages)
Agenda
09:00 – 09:15 – Opening remarks
- Tena Šimonovic Einwalter, Equinet Chair 2017-2023 & Ombudswoman Office of the Ombudswoman, Croatia
- Rocío Ariño Serrano, Equality Advisor in the Permanent Representation of the Kingdom of Spain to the European Union
09:15 – 09:45 – Keynote speech
Katrin Wladasch, Head of Programme Lines (In-)Equalities/ Asylum & Migration at the Ludwig Boltzmann Institute of Fundamental and Human Rights; Lecturer at the University of Vienna; Vice chairwoman at Litigation Association of NGOs Against Discrimination
09:45 – 10:30 – I Panel discussion: Strong enforcement
Moderated by Jone Elizondo-Urrestarazu, Senior Legal and Policy Officer, Equinet
- Christina Dimakou, Seconded National Expert, EU Fundamental Rights Agency
- Ðorđe Jovanović, President of the European Roma Rights Centre (ERRC)
- Jim Fitzgerald, Director Equal Rights Trust
- Neža Kogovšek Šalamon, Judge of the Constitutional Court of Slovenia
10:30 – 11:00 – Presentation: Report Preventing and Reacting to Discrimination through Sanctions and Remedies, Vincenzo Tudisco, co-author of the Equinet Report Preventing and Reacting to Discrimination through Sanctions and Remedies
11:00 – 11:30 – Coffee break
11:30 – 12:15 – II Panel discussion: Learnings and Comparisons with other areas of Law
Moderated by Tamás Kádár, Co-Director – Operations, Policy & Legal, Equinet
- Bjørn Erik Thon, Ombudsman of Gender Equality and Anti-Discrimination, Norway
- Kate Francis, PhD Candidate; Privacy & Ethics Researcher; Development & Communications specialist, ICT Legal Consulting
- Rainer Hiltunen, Ombudsman for Equality, Finland
- David Ciliberti, Legal and Policy officer, DG JUST, European Commission
12:15 – 12:30 – Closing remarks
- Patrick Charlier, Equinet Chair 2023-2025 & Co-Director of Unia