Data collection on discrimination complaints Developing an Equinet data collection template on com- plaints to quasi-judicial equality bodies Barbara Liegl Brussels 28/03/2011

Overview Aims of the data collection template Approach and challenges Definition of quasi judicial equality bodies Draft template Barbara Liegl

What can be achieved by the data collection template for quasi-judicial bodies? Template is an opportunity for equality bodies  to make their work more visible at the European level on a continuous basis  to share their data and exchange experiences on collecting complaints data  to initiate exchange on the kind of software/systems of data collection used  to contribute to making complaints data more comparable  to contribute to filling some of the data gaps at the European level (Reports by the European Commission, by the European Union Agency for Fundamental Rights, etc.) Barbara Liegl

Aim – Data collection template for quasi- judicial bodies easy to understand and fill in universally applicable basic information on  complaints  grounds and fields of discrimination  procedures  decisions  outcomes  length of procedures flexibility accommodating for  the range of grounds and areas covered that go beyond the EU Equality Directives  the diversity of definitions and concepts of different powers as well as procedural rules Barbara Liegl

Approach Survey  What kind of data is currently collected by the equality bodies?  How do equality bodies collect data?  The questionnaire was sent to 15 equality bodies, we received 11 answers Workshop  Harmonizing expectations, definitions and categories  Achieve a common understanding of what kind of data the template should contain and for what purposes Data collection template + guidelines  Feedback from Equinet Working Group members and Equality Bodies Barbara Liegl

Challenges I Comparability Definition of what is collected  queries  when is a case a case  dismissals Grounds  many countries with open lists  multiple discrimination  who determines ground(s) involved? Areas public/private who determines area(s) involved? Barbara Liegl

Challenges II Kinds of discrimination  who determines kind(s) of discrimination involved? Information about complainants and defendants  age often not collected Information about procedures Information about outcomes  what is a successful case? Follow-up procedures Personnel and financial resources and technical issues Barbara Liegl

Definition of quasi-judicial bodies I Definition tries to capture most important powers quasi-judicial bodies are typically provided with in order to fulfill their mandate Powers shared by almost all tribunal bodies  impartial institutions spending most of their time and resources hearing, investigating and deciding on individual instances of discrimination brought before them  issue recommendations, opinions or (binding) decisions  many try to achieve (informal) settlements before starting investigating and hearing a case Barbara Liegl

Definition of quasi-judicial bodies II Additional powers (optional) which can be executed by some tribunal bodies  enforce decisions by taking the respective case to court  impose fines when respondents do not provide the information or documents requested or do not comply with recommendations  award compensation payments Barbara Liegl

Data collection template I Template includes guidelines on how to be filled in and definitions for concepts used Overall number of interventions divided in 4 categories  opinions/decisions (N1)  alternative dispute resolution procedures (N2)  dismissals on procedural grounds (N3)  information/guidance (N4)  focus on N1 and N2 Grounds  Gender includes maternity/paternity, pregnancy and maternal status  Race and ethnic origin can include language, name cultural background  Disability includes long term illness  Transgender (sometimes gender or sexual orientation), national origin, multiple discrimination Barbara Liegl

Data collection template II Areas public and private  employment  goods and services – further broken down: actual goods and services, education, housing, health, social protection Kinds of discrimination Information on victims and on defendants (little less detailed) Kind of procedures – focus on testing Outcomes of the case (incl. measures applied)  in favor of complainants  in favor of defendant  partly in favor of either party Reasons for dismissals Length of proceedings Barbara Liegl

Thank you very much for your attention! Barbara Liegl Ludwig Boltzmann Institute of Human Rights