18 Amendments of Marianne VIND related to 2022/0400(COD)
Amendment 91 #
Proposal for a directive
Recital 8
Recital 8
(8) All Member States have established equality bodies pursuant to Directive 2006/54/EC and 2010/41/EU. A diverse system of equality bodies has been put in place, and good practices have emerged. However, many equality bodies face challenges, in particular concerning the resources, independence and powers necessary to perform their tasks62 . It is important to point out that in a number of Member States, equality bodies also have competences in promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics. Since this is not the case in all Member States, this leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 62 See the detailed analysis in SWD(2021) 63 final “Equality bodies and the implementation of the Commission Recommendation on standards for equality bodies”.
Amendment 113 #
Proposal for a directive
Recital 16
Recital 16
(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, while respecting the principle of gender balance on all levels of staff, and be able to set their own priorities.
Amendment 140 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) To ensure that equality bodies actively consider the objective of equality between women and men, in all their diversity, when implementing provisions in the areas referred to in this Directive, Member States should actively promote gender mainstreaming and gender budgeting, as internationally recognised tools to reach gender equality.
Amendment 191 #
Proposal for a directive
Recital 40
Recital 40
(40) Equality data, in particular sex- disaggregated data and gender statistics, are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends and shifts in social attitudes over time, proving the existence of discrimination, including multiple and intersectional discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions, media or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data and should be available in an accessible format so that it can be readily used by equality bodies. Member States should ensure that equality bodies receive sufficient funding for their data collection and analysis tasks. The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the Union’s High Level Group on Non- Discrimination, Equality and Diversity. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
Amendment 334 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The right of the equality body to act in courtlegal proceedings shall include:
Amendment 338 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of abinding decisions taken pursuant to Article 8 (4); and
Amendment 340 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the right of the equality body to submit observations to the court as amicus curia, in accordance with national law and practice;
Amendment 341 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 345 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The right of the equality body to act in legal proceedings shall also include at least one of the following: (a) the right to initiate proceedings on behalf of one or several victims or, (b) the right to participate in proceedings in support of one or several victims with their approval. Member States may provide for the right for equality bodies to initiate court proceedings in its own name in order to defend the public interest.
Amendment 348 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the equality body can inimay provide that no investigate court proceedings in its own name, in particular in order to address structural and systematic discriminatiions pursuant to Article 8 are initiated or con tin cases selected by the equality body because of their abundance, their seriousness or their need for legal clarificationued while legal proceedings on the same case are pending.
Amendment 355 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 357 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 381 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article12a Gender mainstreaming Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.
Amendment 382 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
When implementing this Directive, the different characteristics of the national labour markets and collective bargaining systems in the Member States and the autonomy of the social partners must be respected. Similarly, the role of the social partners as representatives of employees and employers must be respected.
Amendment 384 #
Proposal for a directive
Article 14 – title
Article 14 – title
Data collection and access to equality data statistics
Amendment 385 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 386 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 390 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can access publicly accessible statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unions, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).