In 2000, EU legislation (through the Race Equality Directive) introduced a requirement to designate bodies for the promotion of equality. As a result, today National Equality Bodies work in most European countries, going well beyond EU Member States.
However, these Directives remained limited to providing for the establishment of Equality Bodies and vesting them with a minimum set of functions.
In order to to fulfill their potential and maximise their impact, 2 Directives on Standards for Equality Bodies were adopted in May 2024 containing binding standards on the mandate, independence, resources, tasks and powers of Equality Bodies to prevent discrimination, promote equality, assist victims of discrimination and restore justice. This binding legislation on Standards for Equality Bodies is a major step towards better implementation and enforcement of the EU’s equal treatment legislation.
How will standards help to improve equality in Europe?
Equality Bodies are unique state institutions that have already proven their potential to promote equality and fight discrimination, despite working, sometimes, in challenging environments.
The Directives requiring the creation of Equality Bodies left a large discretion to the Member States as to the mandate, powers, independence, and resources of these bodies. Differences between Member States in the structure and functioning of Equality Bodies resulted in unequal protection against discrimination across the EU. There are still gaps in the protection for some grounds and/or fields in about a third of Member States, which is clearly outlined in our brochure. Furthermore, a significant number of Equality Bodies are not fully independent from their governments and a lack of resources prevents them from fulfilling their missions, such as conducting surveys. Some of them are also hard to access, due to their small size, lack of local offices, and/or lack of real visibility.
This will allow Equality Bodies to carry out their work more effectively in all Member States, leading to more uniform application of EU equal treatment law. Across Europe, every person will benefit from better institutional protection against discrimination, no matter in which country they live.
Standards for Equality Bodies will encourage a more equal Europe, where effective protection from discrimination is a reality for everyone, and Equality Bodies are recognised as the cornerstones of national equality infrastructures.
The EU Directives on Standards for Equality Bodies
On 7 May 2024, after previous approval in the European Parliament, the Council of the European Union adopted two Directives setting binding standards for Equality Bodies:
Directive (EU) 2024/1500 on standards for Equality Bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU. This Directive is based on Article 157(3) of the Treaty on the Functioning of the European Union.
Directive (EU) 2024/1499 on standards for Equality Bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field 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. This Directive is based on Article 19(1) of the Treaty on the Functioning of the European Union.
The Directives include a set of binding rules to strengthen and better equip Equality Bodies in a number of key areas:
Mandate: Extension of the competencies of Equality Bodies to combat discrimination on the grounds of religion or belief, disability, age and sexual orientation in the area of employment, and discrimination based on sex in the area of social security.
Independence: 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: Obligation for Member States to provide Equality Bodies with the human, technical, and financial resources necessary to exercise all their competencies effectively.
Accessibility: Equality Bodies’ services are required to be free and accessible to all victims on an equal basis, including for persons with disabilities.
Consultation on law- and policy-making process: Public institutions are asked to consult Equality Bodies in a timely manner and to consider their recommendations on matters related to discrimination and equal treatment. Equality Bodies should also cooperate with other relevant stakeholders to share knowledge and create synergies.
Enhanced powers: Empowering Equality Bodies to investigate discrimination cases, issue opinions or binding decisions, act in courts, and propose an alternative dispute resolution mechanism, such as conciliation or mediation, to the parties in a complaint procedure.
Awareness-raising and prevention: Equality Bodies need to be empowered to more effectively prevent discrimination and promote equality, for example, by promoting positive action and equality mainstreaming.
Reporting: Equality Bodies are required to produce regular reports on the state of equal treatment and discrimination and be able to make recommendations.
The Directives include a set of binding rules to strengthen and better equip Equality Bodies in a number of key areas:
Equinet's work on Standards for Equality Bodies
Equinet and the Equality Bodies members of the Network have been working tirelessly to support the process leading to the adoption of the Directives and now to support the transposition and implementation phase.
Equinet’s Project on Standards for Equality Bodies has grown out of an initiative that saw Equality Bodies come together from 2015 to discuss the most appropriate ways of improving the guarantees for the independence, effectiveness and functioning of Equality Bodies and that led to the adoption of a working paper on the topic in 2016. This project has been a driver for engagement with the European Institutions on proposed EU-level legislation strengthening the role and independence of Equality Bodies.
As part of this project, Equinet is using the practical experience and expertise of Equality Bodies to develop indicators to measure compliance with standards for Equality Bodies. These indicators are designed to help European Institutions, Member States and Equality Bodies themselves to monitor the situation and to identify any necessary improvements to the status and work of Equality Bodies. They are designed for self-assessment and not as an accreditation tool.
Three sets of indicators have been developed to monitor the situation as regards the mandate, independence, and resources of Equality Bodies.
Equinet’s Project on Standards for Equality Bodies has grown out of an initiative that saw Equality Bodies come together from 2015 to discuss the most appropriate ways of improving the guarantees for the independence, effectiveness and functioning of Equality Bodies and that led to the adoption of a working paper on the topic in 2016. This project has been a driver for engagement with the European Institutions on proposed EU-level legislation strengthening the role and independence of Equality Bodies.
Measuring standards for Equality Bodies: indicators for self-assessment
As part of this project, Equinet is using the practical experience and expertise of Equality Bodies to develop indicators to measure compliance with standards for Equality Bodies. These indicators are designed to help European Institutions, Member States and Equality Bodies themselves to monitor the situation and to identify any necessary improvements to the status and work of Equality Bodies. They are designed for self-assessment and not as an accreditation tool.
Three sets of indicators have been developed to monitor the situation as regards the mandate, independence, and resources of Equality Bodies.
Measuring standards for Equality Bodies: indicators for self-assessment, including indicators on Mandate, Independence, and Resources.
The road ahead: transposition
After the adoption of the legislation on Standards for Equality Bodies, Members States will have 2 years to implement legislation to incorporate these directives into national law. Equinet has already been working on developing resources to support these efforts, like a two-pager on litigation powers of Equality Bodies, which explains the different legal standings that Equality Bodies may have, with concrete examples from Equinet members. In the coming months, Equinet will develop resources to interpret the text of the Directives, assist in the identification of gaps in the national legislation that need to be addressed, and more generally, support an effective transposition and implementation of the Directives.
How did we get here?
Recommendations on Standards for Equality Bodies
European Commission against Racism and Intolerance (ECRI)
ECRI already advocated for the setting up of Equality Bodies in 1997, in the original version of its General Policy Recommendation No. 2. In December 2017 the Revised GPR No.2, General Policy Recommendation on Equality bodies to combat racism and intolerance at national level was adopted at ECRI’s 74th plenary meeting. It addresses the establishment of Equality Bodies, the institutional architecture of Equality Bodies, their functions and competences and their independence, effectiveness and accessibility. This set of standards is used as part of the country monitoring by ECRI and the constructive dialogue between ECRI and the Council of Europe member states.European Commission
In June 2018, the European Commission adopted a Recommendation on standards for Equality Bodies to ensure the independence and effectiveness of national Equality Bodies. The Recommendation, a legal act of the Commission (but not legally binding), set minimum standards concerning the mandate of Equality Bodies; their independence; their effectiveness, including sufficient resources and appropriate powers; and the national institutional architecture for equality.The 2021 report on the application of the Racial Equality Directive and the Employment Equality Directive and its accompanying Staff Working Document on Equality Bodies showed that most issues addressed by the recommendation remained unresolved.
Following the EU Anti-racism Action Plan, the LGBTIQ+ and Roma Equality Strategies, as well as the Strategy on Combating Antisemitism and Fostering Jewish Life, in which the Commission raised the possibility of proposing EU-level legislation to strengthen the role and independence of Equality Bodies, on 24 July 2021 the Commission launched a new initiative through which it intended to strengthen Equality Bodies by setting minimum standards on how they operate in all grounds of discrimination and areas covered by EU equality rules.
The EC held a public consultation from 10 December 2021 to 18 March 2022 to inform the Commission’s work on further measures to strengthen Equality Bodies. It gathered opinions on the current situation of equality bodies and possible future improvement. Information on the personal experiences of the individual respondents were also gathered to inform the analysis of their replies.
Legislative process of the Directives on Standards for Equality Bodies
In December 2022, the European Commission published two proposals for Directives on binding standards for Equality Bodies.
Equinet’s position on the European Commission’s proposals and suggestions for improvement were outlined in full in the position paper ‘Moving forward the European Commission’s proposals for Directives strengthening Equality Bodies’.
The Proposal 2022/0400 (OD) on standards for Equality Bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation was negotiated between the European Parliament and the Council under the ordinary legislative procedure (Article 157 TFEU).
In the European Parliament, the committee responsible was FEMM, supported by EMPL.
The Proposal 2022/0401 (APP) on standards for Equality Bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field 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 was negotiated under a special legislative procedure (Article 19 TFEU), where the European Parliament was requested to give its consent.
In the European Parliament, the committee responsible was FEMM, supported by LIBE, and EMPL.
Equinet’s position on the European Commission’s proposals and suggestions for improvement were outlined in full in the position paper ‘Moving forward the European Commission’s proposals for Directives strengthening Equality Bodies’.
The Proposal 2022/0400 (OD) on standards for Equality Bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation was negotiated between the European Parliament and the Council under the ordinary legislative procedure (Article 157 TFEU).
In the European Parliament, the committee responsible was FEMM, supported by EMPL.
The Proposal 2022/0401 (APP) on standards for Equality Bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field 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 was negotiated under a special legislative procedure (Article 19 TFEU), where the European Parliament was requested to give its consent.
In the European Parliament, the committee responsible was FEMM, supported by LIBE, and EMPL.
On 24 May, representatives from the Equinet Secretariat and Equality Bodies were invited by the FEMM Committee to discuss the content of the proposals at an ‘Exchange of Views’. You can access the recording of the discussion on the European Parliament’s website.
In the Council, the negotiations were facilitated by the Swedish, Spanish and Belgian Presidencies. Having made great advances under the Swedish Presidency, on 12 June 2023, employment and social affairs ministers agreed to a Council general approach to the 2 proposals.
The two co-rapporteurs, Sirpa Pietikäinen and Marc Angel, drafted a report with proposed amendments to the European Commission’s proposals. On 30 August, the draft report by the co-rapporteurs was presented to the FEMM and EMPL Committees.
In November 2023, the European Parliament adopted its mandate for negotiations with the Council on the Directive on Standards for Equality Bodies in relation to gender discrimination in employment and occupation, and in December 2023, the Parliament and the Council reached an agreement. On 10 April 2024 the plenary of the European Parliament adopted the final text of the Directives, followed by the Council on 7 May 2024.