Activities of José GUSMÃO related to 2022/0400(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council 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 deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU
Amendments (34)
Amendment 85 #
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, independence and full 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 110 #
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 or working under governmental objectives. 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 must examine public policies and their outcomes and insufficiencies, therefore, to avoid conflicts of interest, they cannot be linked to the governments responsible for implementing those policies. Equality bodies should be able to manage their own budget and resources, on a stable basis, including by selecting and managing their own staff, and be able to set their own priorities.
Amendment 139 #
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, have aand in particular social partners and civil society organisations, have a primary 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 public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with public and private entities 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.
Amendment 146 #
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 modalitiThis preliminary assessment should be done by a professional with adequate legal competences uander which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints / or training, in order to give the victim the best advice on the matter.
Amendment 149 #
Proposal for a directive
Recital 22
Recital 22
(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants. _________________ 70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 152 #
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 amicablresolve their disputes by means of alternative resolutions to their disputes, byhrough a conciliation body under the coordination of the the equality body or another existing independent dedicated entity. They should define the modalities of the amicable settlement which is not under influence or power of the government. Given that every employee has access to legal counselling, these processes should never dismiss the presence of a lawyer to properly advise the victim of discrimination and ensure that the outcome does not jeopardize their rights. Even out of court, any settlement should be mediated by a procfess according to national lawional with adequate legal competences, in order to give the victim the best advice on the matter and conduct the best settlement possible.
Amendment 158 #
Proposal for a directive
Recital 26
Recital 26
(26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non- binding opinion or a binding enforceable decision. Both should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. To ensure the effectiveness of equality bodies’ work, Member States shouldmust adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.
Amendment 161 #
Proposal for a directive
Recital 27
Recital 27
(27) To promote their work and equality law, equality bodies shouldmust be able to publish a summary of their opinions and decisions without disclosing personal data.
Amendment 169 #
Proposal for a directive
Recital 32
Recital 32
Amendment 174 #
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 Member States to provide information in all of its official languages, with reasonable adjustments for people with disabilities (visual, intellectual or others) in order to ensure that people know their rights 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 182 #
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 fully 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 organisations.
Amendment 183 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) To guarantee access to their services on an equal basis, Equality Bodies must acknowledge that some occupations, performed mainly by women, are historically devalued and taken as natural. Statistics on the pay gap between men and women often don’t include the vast number of women who, across the EU, are not properly paid due to their involvement in informal work. If unpaid domestic and care work were accounted for, GDP would increase in many Member States. Invisibility of domestic and care work contributes directly to the discrimination against women in matters of employment and occupation. If these women engaged in many forms of informal work were included in statistics, the relative disadvantage of women in the labour market would be much more evident, as well as their inability to benefit from labour market regulation, in particular anti-discrimination provisions. Equality Bodies must play a key role in making these occupational discriminations visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of EU workers.
Amendment 189 #
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 civil society organisations, data protection authorities, 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, consumer protection 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).
Amendment 205 #
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. 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 all the relevant stakeholders, namely 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 211 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independencecompetences, independence and full autonomy in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU.
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are fully independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 (new)
Article 3 – paragraph 1 – point 1 (new)
(1) Member States must ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.
Amendment 239 #
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, in particular persons holding a managerial position, in order to guarantee their competence and full independence.
Amendment 246 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that appropriate safeguards are in place in the internal structure of multi-mandate bodies to guarantee the autonomous exercise of the equality mandate without any external influence.
Amendment 270 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure that equality bodies have the necessary means to engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals, social partners, civil society and groups at risk of discrimination, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.
Amendment 279 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group making sure that it will be accessible for all. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools.
Amendment 292 #
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 on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, always with the presence of a professional with legal competences, as well as on available remedies, including the possibility to pursue a case in court.
Amendment 317 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 322 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 325 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 328 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3
Article 8 – paragraph 4 – subparagraph 3
Amendment 353 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 359 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 372 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination, such as migrants, 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 373 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. To guarantee access to their services on an equal basis, equality bodies shall acknowledge that some occupations performed mainly by women are historically devalued and invisible. Invisibility of domestic and care work in statistics contributes directly to the discrimination against women in matters of employment and occupation. Equality bodies shall ensure that occupational discriminations are made visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of EU workers.
Amendment 388 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that equality bodies can access 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). The statistical data collected by public and private entities must be made available in an accessible and harmonised format so that it can be easily used by equality bodies.
Amendment 399 #
Proposal for a directive
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) publish an independent report, with recommendations, at least every fourthree years, on the state of equal treatment and discrimination, including potential structural issues, in their Member State.
Amendment 406 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive in cooperation with all the relevant stakeholders, namely Equinet and making use of Equinet’s pre- existing and new indicators. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the resources, independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.
Amendment 413 #
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 European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall also evaluate the level of independence of the Equality Bodies from external interference, such as direct connection with Ministries, which must cease in order to guarantee that all Member States pursue the same level of demand in relentlessly evaluating and tackling discrimination.