29 Amendments of Lívia JÁRÓKA related to 2022/0400(COD)
Amendment 87 #
Proposal for a directive
Recital 3
Recital 3
(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independencecompetences, powers, independence and autonomy in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59. _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
Amendment 88 #
Proposal for a directive
Recital 6
Recital 6
(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality. The equality bodies designated under Directives 2006/54/EC and2010/41/EU should be transformed into equality bodies designated under this Directive, endowing them with the competences laid down in this Directive. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners.
Amendment 96 #
Proposal for a directive
Recital 10
Recital 10
(10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals, families and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163, building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the General Policy Recommendation N°264 on equality bodies adopted by the European Commission against Racism and Intolerance (ECRI) and the Paris Principles65 adopted by the United Nations and applicable to national human rights institutions. _________________ 63 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, (OJ L 167, 4.7.2018, p. 28). 64 ECRI General Policy Recommendation N°2 revised on Equality Bodies to combat racism and intolerance at national level - adopted on 13 June 1997 and revised on 7 December 2017. 65 Principles relating to the Status of National Institutions adopted by General Assembly resolution 48/134 of 20 December 1993.
Amendment 106 #
Proposal for a directive
Recital 15
Recital 15
(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to discrimination and multiple discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU. or based on the intersection between those grounds, acknowledging that discrimination often affects persons on more than one ground and creates a specific disadvantage.
Amendment 123 #
Proposal for a directive
Recital 18
Recital 18
(18) The lack of appropriate and stable human, technical and financial resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire the necessary amount of qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case of increase in competences, planned on a multi- annual basis, and and planned on a multi-annual basis. Where the competences of equality bodies are increased, Member States should ensure that their resources and budget are adjusted accordingly. Member States should ensure that equality bodies’ budgets allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient and stable resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities and should take into account national inflation rates. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded. and they should be sufficient to enable equality bodies to collect data and conduct research.
Amendment 134 #
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, and in particular social partners, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices, positive action and equality mainstreaming among both public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with public and private entities, and provide information to, public and private entities, in particular labour inspectorates, interest representatives, social partners and civil society organisations, and groups at risks of discrimination and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies. Member States and the Union should ensure that equality bodies receive sufficient and proportionate funding to be able to carry out their tasks, especially as regards promotion and awareness-raising.
Amendment 145 #
Proposal for a directive
Recital 21
Recital 21
(21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalities under which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints, so that it may effectively be integrated into their legal system.
Amendment 151 #
Proposal for a directive
Recital 23
Recital 23
(23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicable resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicable settlement process according to national lawresolve their disputes by means of alternative dispute resolution through a conciliation and mediation board. Such a process should be led by the equality body or another existing independent, mediation or conciliation body or another dedicated entity. They should define the modalities of the amicable settlement process according to national law. Engaging in a conciliation and mediation process should be subject to the agreement of the parties and should not prevent a party from exercising the right of access to court where that party does not accept the decision of the conciliation and mediation board. The conciliation and mediation board should consist of experts in human rights law from both parties. Decisions of the conciliation and mediation board should be legally binding provided that both parties to the dispute agree. Member States should ensure a sufficient limitation period to guarantee that the parties to a dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process.
Amendment 164 #
Proposal for a directive
Recital 30
Recital 30
(30) Some instances of discrimination are difficult to fight because there is noare few complainants pursuing the case themselves. In its judgment in Case C- 54/07 (Feryn)71, which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be established even in the absence of an identified victim. It is therefore important that equality bodies can act and initiate court proceedings in their own name, to defend the public interest. where discrimination has been detected, without the presence of an individual, identified victim; in such cases, it is the equality body that exercises the procedural rights of the potential complainant, and in particular the right to bring an action. It is also important that they can act in cases where collective redress is used. _________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).
Amendment 170 #
Proposal for a directive
Recital 32
Recital 32
(32) Equality bodies’ rights to act in court must respect the principles of fair trial and equality of arms. Therefore, except where the equality body acts as a party in proceedings on the enforcement or judicial review of an own decision or acts as amicus curiae, the equality body should not be allowed to submit in court proceedings evidence obtained through previous investigations of the same case which the alleged perpetrator or any third party was legally bound to provide except with the consent of the alleged perpetrator or third party.
Amendment 175 #
Proposal for a directive
Recital 35
Recital 35
(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72, 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member States to provide information in all of its official languages in easily understandable language and to provide key information in English as well in order to ensure that people know their rights and options and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.
Amendment 176 #
Proposal for a directive
Recital 36
Recital 36
(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisatestablishment of accessible and user- friendly digital tools and platforms for contacting equality bodies, the organisation of local campaigns or cooperation with local delegates, local governments, social partners, including trade unions, or civil society organisations that are adapted to local needs. Special attention should be paid to the most vulnerable and poorest groups. Educational campaigns on human rights and anti-discrimination should be planned and addressed to children and young people at school, starting from an early age. Social partners and civil society organisations should be included, where necessary, in the preparation, conduct and dissemination of information as part of such educational campaigns, in particular in the most vulnerable and disadvantaged regions.
Amendment 186 #
Proposal for a directive
Recital 38
Recital 38
(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as local governments, social partners, civil society organisations, data protection authoritiesnd media authorities, authorities responsible for the criminal justice system, trade unions, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, authorities managing Union funds, National Roma Contact Points, Roma self-government bodies and civil society organisations, Samí Parliaments, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified). Furthermore, any involvement of equality bodies in workplace-related matters should respect the autonomy, competences and prerogatives of social partners and the recognised competences of all relevant government agencies, including labour inspectorates, national courts and statutory tribunals, in accordance with national law and practice.
Amendment 190 #
Proposal for a directive
Recital 39
Recital 39
(39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make recommendations and publish themand update them as often as they deem necessary. To accomplish this, it is indispensable to ensure that equality bodies have the appropriate resources.
Amendment 192 #
Proposal for a directive
Recital 40
Recital 40
(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over timeand shifts in social attitudes over time, fostering empathy, proving the existence of 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 and social partners. They should also collect, and analyse and publish 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, authorities responsible for the criminal justice system, labour and education inspectorates, trade unions, media bodies 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 EU 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 203 #
Proposal for a directive
Recital 43
Recital 43
(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report based on information received from Member States and additional relevant data collected at national and Union level and from equality bodies and other stakeholders, by the Council of Europe, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected, in cooperation with the European Institute for Gender Equality and the European Network of Equality Bodies (Equinet). This monitoring should not involve the processing of personal data.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The obligations placed on Member States and the tasks of equality bodies under this Directive shall apply to all persons in all their diversity, irrespective of their sex, age, colour, ethnic or social origin, genetic features, disability, or religious, political or social views, for the purpose of complying with the prohibition of discrimination laid down in Article 4 of Directives 2006/54/EC and 2010/41/EU.
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, for example by consulting experts during the process for selecting staff. Those rules and safeguards shall concern, in particular, persons holding a managerial positions, for example members of boards managing equality bodies, heads of equality bodies, deputy heads of equality bodies or interim heads of equality bodies, where applicable, in order to guarantee their equality bodies’ competence and independence from any kind of external or internal interference. The staff of equality bodies shall be selected based on the principle of equal opportunity, in particular providing opportunities to members of minorities.
Amendment 251 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that each equality body is provided with the stable human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that equality bodies’ budgetary allocation is stable and planned on a multi-annual basis. Member States shall ensure that equality bodies’ budgets cover costs that might be difficult to anticipate, such as costs linked to litigation. Where the competences of equality bodies are increased, Member States shall ensure that their resources and budget are adjusted upwards accordingly.
Amendment 262 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals, families and groups at risk of discrimination, in a manner and in formats that are accessible and comprehensible for all, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services;
Amendment 290 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Equality bodies shall provide assistance to victims, initially by informing them and persons who have experienced discrimination, as well as to their trade union representatives, initially by informing them in easily understandable language on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 294 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Equality bodies shall also inform victims and persons who have experienced discrimination in easily understandable language about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of relevant support from other bodies or organisations.
Amendment 304 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to seek an amicable resolution to their dispute. That process shall be subject to the agreement of the parties and mayresolve their dispute by means of alternative dispute resolution through a conciliation and mediation board. The conciliation and mediation board shall be led by the equality body itself or by another existing independent dedicated entity, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to courtParties shall have a possibility to be assisted or represented by social partners. The conciliation and mediation board shall further consist of experts in human rights law from both parties. Impartial lawyers shall prepare cases before the conciliation and mediation board. Decisions of the conciliation and mediation board shall be legally binding provided that both parties to the dispute agree and renounce their right to legal remedy before the courts. Engaging in such a conciliation and mediation process shall be subject to the agreement of the parties to the dispute and shall not prevent the parties from exercising their right of access to court where one of them does not accept the decision of the conciliation and mediation board. Such a process shall not replace or undermine existing national conciliatory procedures where such procedures are able to provide better anti- discrimination protection. Member States shall ensure a sufficient limitation period to guarantee that the parties to the dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process. The limitation period shall be suspended during the conciliation and mediation process.
Amendment 343 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, the approval of the victims shall be necessary, with their consent.
Amendment 356 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall ensure that, except in cases referred to in paragraphs 2(a) and (b), the equality body does not submit in court proceedings evidence that it has obtained through the exercise of powers pursuant to Article 8(3) except with the consent of the alleged perpetrator or third party.
Amendment 370 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility, including in accordance with Directive (EU) 2019/882, and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness- raising activities.
Amendment 374 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including social partners and civil society organisations, at national, regional, local level, as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).
Amendment 387 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The data collected shall be disaggregated by grounds and fields covered by Directives 2006/54/EC and 2010/41/EU, taking into account discrimination and multiple discrimination, and in accordance with the indicators referred to in Article 16. The personal data collected shall be anonymised and, where not possible, pseudonymised.
Amendment 414 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the Council of Europe, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall evaluate, based on the information it has received, the situation of discrimination in each Member State and draw up a balance sheet for each Member State describing and ranking the situation regarding discrimination and their performance as regards anti- discrimination measures.