European Standards for Equality Bodies An Equinet journey Equinet – European Network of Equality Bodies Anne Gaspard, Executive Director Vienna, 19 April 2018 www.equineteurope.org

Equinet – the European Network of Equality Bodies A brief history 2000: EU Racial Equality Directive (+ subsequent gender equality Directives) obliging MS to set up equality bodies 2003-2007: cooperation project led by equality bodies (EU funding) 2007: creation of Equinet as a European Network of Specialised Equality Bodies 2008: setting up of Brussels-based Equinet Secretariat (5/6 staff) 2013: incorporation of the work of the former Network of Gender Equality Bodies 2017: Equinet celebrates its 10th anniversary with 46 members www.equineteurope.org

A strong equality infrastructure Equality bodies Institutions Legislation Civil society Policy mechanisms www.equineteurope.org

Functions of equality bodies Functions laid down in EU Directives: Independent assistance to victims of discrimination Independent surveys and reports concerning discrimination Recommendations on discrimination issues Exchange of information with European bodies Wider functions accorded to Equality Bodies: Awareness-raising Promotion of good practices Work with stakeholders Monitoring and supervision Network of National Equality Bodies (46 members from 34 European countries) Specialised equality bodies on the basis of EU Equal Treatment Directives (2000/43/EC; 2004/113/EC; 2006/54/EC) Increasing mandates (e.g. free movement, work-life balance, etc.) Merging mandates (e.g. human rights, ombudsman, etc.) Diversity among national equality bodies in terms of stand-alone or multi-mandate bodies; mix of competences; grounds; size; resources; history and experience www.equineteurope.org

Why EU standards for equality bodies? Only minimum standards in EU Directives Equality bodies are a creation of EU law Challenges to equality bodies threaten effective work Standards enable contribution to implementing EU law Need to reaffirm commitment to the European value of equality Particular nature of equality bodies www.equineteurope.org

International and European references EU Directives UN Paris Principles (for NHRIs) ECRI GPR No. 2 CoE Commissioner for Human Rights Opinion By analogy: Standards for Data Protection Authorities EU standards? www.equineteurope.org

Standards for equality bodies Equinet Working Paper on Developing Standards for Equality Bodies (June 2016) Goals: To assist the European Commission in monitoring the full and effective implementation of the EU Equal Treatment Directives. To assist Governments in establishing and creating suitable conditions for equality bodies. To ensure that equality bodies can implement all of their functions and powers to a scale that can achieve an impact To protect them from being undermined or diminished in the exercise of their functions www.equineteurope.org

Four key pillars for standards Equality bodies Mandate Complete independence Effectiveness Institutional architecture The Working paper developed by Equinet on ‘Developing Standards for National Equality Bodies’ identifies four core areas that standards would need to focus on: • Mandate. - Mandate that covers equality, diversity and non-discrimination. - The mandate should also cover public and private sectors and the fields of employment, vocational training, goods and services, education, housing, social protection and social advantages - It should also encompass all EU Treaty grounds covered by the article 19 of the Treaty of the EU and the article 21 of the Charter of Fundamental Rights   • Complete independence, including standards to ensure: - Securing their own legal personality and stand-alone structure - A governance structure that reflects diversity of society and appointed through a transparent and independent procedure - Systems of accountability ensuring independence - Absence of external pressure and undue interference • Effectiveness. Standards should address and secure: - Adequate financial, staff and physical resources - General powers, such as commissioning and conducting research, making recommendations, challenging domestic legislation - Specific powers to underpin promotional-type functions, such as making recommendations, conducting investigations and investigating cases of discrimination - Specific powers to underpin tribunal-type functions, such as making findings in cases of discrimination, making legally binding decisions and employing sanctions and awarding compensations • Institutional architecture. Equality bodies work within a wider institutional infrastructure to combat discrimination and promote equality at national level. They must be appropriately located within pathways for individuals to access justice in cases of discrimination and within the wider infrastructure responsible for policy and programmes to advance equality. - among other issues, we mention specifically, that when equality bodies have their mandates combined with those of national human rights institutions or ombudspersons offices in multi-mandate bodies, they must have a coherent legal basis and powers for all parts of the mandate and ensure a clear visibility and impact for their equality mandate. www.equineteurope.org

Way forward - Implementation Enable the full potential of equality bodies Ensure full impact of equality laws and policies Champion the fundamental European value of equality Renew and strengthen the equality infrastructure Open up the debate for how we want to see European and international Standards implemented. Now we must work together to secure the best outcomes from the Council of Europe or EU process and to build strategies to ensure new standards are put to best use and create an impact on the ground, for relevant institutions/equality bodies and for the benefits of citizens being effectively protected from discrimination and societal change promoting value of equality to happen. Looking forward to lecture by expert Silvia Ulrich with substantial focus on new CoE ECRI Standards (revised GPR 2) and particular relevance in the Austrian equality bodies’ context. www.equineteurope.org

Thank you for your attention! EquinetEurope EQUINET SECRETARIAT 138 Rue Royale / Koningsstraat B-1000 Brussels, Belgium Tel: +32 (0)2 212 3182 Anne.Gaspard@equineteurope.org www.equineteurope.org