# IMMC.EESC-2022-01002-AC.ENG.xhtml.EESC-2022-01002-00-00-AC-TRA-EN.docx

| OPINION |
| --- |
| European Economic and Social Committee |
| Improving equality in the EU |
| _____________ |
| Improving equality in the EU

  (own-initiative opinion) |
| |
| SOC/724 |
| |
| Rapporteur: Ozlem YILDIRIM |
| Co-rapporteur: Cristian PÎRVULESCU |

OPINION

European Economic and Social Committee

Improving equality in the EU

_____________

Improving equality in the EU

  (own-initiative opinion)

SOC/724

Rapporteur: Ozlem YILDIRIM

Co-rapporteur: Cristian PÎRVULESCU

EN

Plenary Assembly decision

| Plenary Assembly decision | 20/01/2022 |
| --- | --- |
| Legal basis | Rule 52(2) of the Rules of Procedure |
| | Own-initiative opinion |
| Section responsible | Employment, Social Affairs and Citizenship |
| Adopted in section | 29/09/2022 |
| Adopted at plenary | 26/10/2022 |
| Plenary session No | 573 |
| Outcome of vote
  (for/against/abstentions) | 140/13/31 |

Plenary Assembly decision

20/01/2022

20/01/2022

Legal basis

Legal basis

Rule 52(2) of the Rules of Procedure

Rule 52(2) of the Rules of Procedure

Own-initiative opinion

Own-initiative opinion

Section responsible

Section responsible

Employment, Social Affairs and Citizenship

Employment, Social Affairs and Citizenship

Adopted in section

Adopted in section

29/09/2022

29/09/2022

Adopted at plenary

Adopted at plenary

26/10/2022

26/10/2022

Plenary session No

Plenary session No

573

573

Outcome of vote
  (for/against/abstentions)

Outcome of vote
  (for/against/abstentions)

140/13/31

140/13/31

1.Conclusions and recommendations

1.

Conclusions and recommendations

1.1The EESC refers to the preamble of the Charter of Fundamental Rights of the European Union, which states that "the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity". It also stresses the importance of Article 20 of the Charter, which enshrines the principle of equality before the law for all.

1.1

The EESC refers to the preamble of the Charter of Fundamental Rights of the European Union, which states that "the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity". It also stresses the importance of Article 20 of the Charter, which enshrines the principle of equality before the law for all.

1.2Furthermore the EESC points out that the application of the principle of equality not only prohibits discrimination, but also promotes the consistent application of the rule of law.

1.2

Furthermore the EESC points out that the application of the principle of equality not only prohibits discrimination, but also promotes the consistent application of the rule of law.

1.3The EESC strongly urges the Council, the Parliament and the Commission to further develop protection against discrimination in access to goods and services, notably by adopting the proposal for a directive, COM(2008) 426 of 2 July 2008 on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.

1.3

The EESC strongly urges the Council, the Parliament and the Commission to further develop protection against discrimination in access to goods and services, notably by adopting the proposal for a directive, COM(2008) 426 of 2 July 2008 on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.

1.4The EESC believes that the Charter of Fundamental Rights of the European Union provides a solid basis, and that the instruments for the protection of fundamental rights must be developed in a uniform way throughout the Union. Furthermore, it is essential that all interactions, environments and situations in which discrimination may occur be included. Differences in legal protection produce unacceptable rights hierarchies and leave entire groups of people unprotected.

1.4

The EESC believes that the Charter of Fundamental Rights of the European Union provides a solid basis, and that the instruments for the protection of fundamental rights must be developed in a uniform way throughout the Union. Furthermore, it is essential that all interactions, environments and situations in which discrimination may occur be included. Differences in legal protection produce unacceptable rights hierarchies and leave entire groups of people unprotected.

1.5The current European protection system is essentially based on victims' individual recourse to judicial redress and to the law. However, numerous studies show that reporting and procedures do not address the structural, intersectional and systemic dimensions of inequalities, and that victims' recourse to the law is insignificant, statistically exceptional, and used only as a last resort
  1
  .

1.5

The current European protection system is essentially based on victims' individual recourse to judicial redress and to the law. However, numerous studies show that reporting and procedures do not address the structural, intersectional and systemic dimensions of inequalities, and that victims' recourse to the law is insignificant, statistically exceptional, and used only as a last resort

1

.

1.6The EESC stresses that inequalities and complex discrimination created by social structures can only be addressed through consistent and complex policies, real resources and long-term engagement. Awareness-raising, visibility and training are key levers that should be incorporated into all areas of society.

1.6

The EESC stresses that inequalities and complex discrimination created by social structures can only be addressed through consistent and complex policies, real resources and long-term engagement. Awareness-raising, visibility and training are key levers that should be incorporated into all areas of society.

1.7The EESC believes that promoting equality and protecting fundamental rights must be integrated into a broader social vision that multiplies and strengthens the tools through which the Member States and the European Institutions give support to individuals and public and private actors.

1.7

The EESC believes that promoting equality and protecting fundamental rights must be integrated into a broader social vision that multiplies and strengthens the tools through which the Member States and the European Institutions give support to individuals and public and private actors.

1.8The EESC believes that the EU must actively promote recognition of the general principle of equality and positive obligations to enforce this principle. Furthermore, in order to achieve this, the institutions must begin developing the next generation of measures to promote equality in Europe.

1.9While the EESC recognises that technological developments help facilitate access to rights for many citizens, it stresses that they can also create new inequalities, and that they therefore give rise to a new need to intervene in order to ensure the principle of equal treatment is monitored and applied.

1.10To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC is in favour of EU legislation to adopt standards that facilitate the implementation of collective action in the Member States that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment.

1.11The EESC believes that the Union must ensure security, equal treatment, and protection by Member State authorities for political, trade union and community actors as a corollary of its values of democracy, the rule of law, and non-discrimination based on political opinions.

1.12The ability of all civic actors to work with existing legal instruments and to work with public institutions (in particular those involved in the protection of human rights) must also be improved.

2.General comments

2.1The EESC refers to the preamble of the Charter of Fundamental Rights of the European Union, which states that "the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity". It also stresses the importance of Article 20 of the Charter, which enshrines the principle of equality before the law for all.

2.2Furthermore the EESC points out that the application of the principle of equality not only prohibits discrimination, but also promotes the consistent application of the rule of law.

2.3Today, the European Union recognises the multiple forms of inequalities and their intersectional dimensions (including gender, ethnic, social and generational inequalities, among others).

2.4More than 20 years after the adoption of the Treaty of Amsterdam, all European and national indicators reveal the persistence of discrimination based on ethnic origin, race, sex, sexual orientation, opinions and beliefs, disability and age, in areas such as employment, access to goods, education, and also public services and social protection.

2.5This persistent discrimination stems in particular from complex processes which often overlap, and are the result of in-built processes and of systems and rules that produce and reproduce direct or indirect discrimination. This patchwork of sources of inequality produces situations that are therefore systemic in nature and that constitute real obstacles to promoting equality
  2
  .

2.6Through its members and also through activities carried out directly in the Member States, the EESC also notes a worsening general social climate, and an increase in discriminatory behaviour towards vulnerable people. From this point of view, there is a clear need for swift and concerted action at national and European level.

2.7Additionally, following nearly two years of crisis related to COVID-19, several UN agencies, including the International Labour Organization
  3
  , have noted worrying signs of rising social and regional inequalities. The COVID-19 crisis has exacerbated social and economic inequalities and significantly affected European businesses by making it harder for them to maintain and create jobs.

2.8Consequently, social groups facing poverty or in precarious situations are more vulnerable to discrimination, which is then compounded by other factors leading to vulnerability. The EESC stresses the need to target the specific nature of this discrimination and develop a strong policy to combat discrimination against economically and socially disadvantaged groups within the EU.

2.9The EESC stresses that inequalities and complex discrimination created by social structures can only be curbed through strong policies, real resources and long-term engagement. Greater and more significant support for national equality and human rights bodies is needed, especially as regards improving their independence and increasing their staffing and financial resources. Awareness-raising, visibility and training are key levers that should be incorporated into all areas of society and public policy.

2.10The EESC believes that promoting equality and protecting fundamental rights must be integrated into a broader social vision that multiplies and strengthens the tools through which the Member States and the European Institutions give support to individuals and public and private actors.

2.11The EESC reiterates its full support for the new European Pillar of Social Rights action plan, believing that it contains several aspects that are consistent with the promotion of equality, the protection of fundamental rights, and the fight against discrimination
  4
  . More attention to their implementation is essential for achieving the action plan's objectives.

2.12In line with its previous opinions
  5
  , the EESC recognises the EU's efforts in the fields of gender equality; protection against discrimination on the grounds of ethnic origin, race or age, religion, and opinion or belief; the protection of LGBTQIA+ rights and the rights of persons with disabilities; as well as its work on Roma integration and upholding migrants' rights.

2.13As the Committee has already stated, the Charter holds potential that neither human rights institutions, civil society organisations nor the social partners have exploited. Improvements are needed to further develop the EU's impact on protection and prevention and on promoting, implementing and applying the principle of equality
  6
  .

2.14The current European protection system is essentially based on victims' individual recourse to judicial redress and to the law. However, all studies show that reporting and procedures do not address the structural, intersectional and systemic dimensions of inequalities, and that victims' recourse to the law is insignificant, statistically exceptional, and used only as a last resort
  7
  .

2.15Today in terms of employment, the fight against discrimination is limited to situations that correspond to the forms of discrimination referred to in Article 19 of the Treaty on the Functioning of the European Union (sex, race or ethnic origin, religion or belief, disability, age or sexual orientation).

2.16Moreover, the protection conferred by Union law on access to goods and public services only covers race or ethnic origin, and gender equality. No other form of inequality is treated as such, and protection against discrimination varies from one form to another.

2.17Today, there are considerable differences in the protection against discrimination offered by Member States. Some Member States grant protection in access to goods and services against all forms of discrimination laid down in Article 19, while others grant protection beyond these. Consequently, protection against discrimination (and thus equality) varies between Member States.

2.18It is in the light of these findings that subsequent steps need to be taken to overcome the current limits of the implementation of the EU's equality protection mechanism with an approach based on inclusion.

3.Specific comments

3.1Promoting affirmation of a general principle of equality in the Member States

3.1.1The current situation in Europe highlights the fact that the principle of equality is an aspiration which is still subject to considerable uncertainty. For example, the Commission itself confirms that during the COVID-19 period, equal access to healthcare became a considerable challenge in Europe
  8
  .

3.1.2While some European countries incorporate the general principle of equality into their legal frameworks by enshrining a right to equal treatment in civil society, in economic relations, and with the State, others only crack down on discrimination expressly prohibited by law, with no positive obligation to implement the principle of equality
  9
  .

3.1.3This difference creates a significant gap between European citizens and residents as regards the scope of the principle of equality and its protection under law, and of the requirements in place for its effective implementation.

3.1.4The EESC urges the Commission to recognise the structural difficulties that prevent fully achieving equality, and that also reveal both the limits of what has been achieved and the scale of inequalities in Europe today. National equality and human rights organisations should be actively involved in this continuous evaluation process.

3.1.5The EESC considers it absolutely essential that the Union adopt an ambitious policy to promote the principle of equality and equal opportunities, commensurate with the values enshrined in the Treaty on European Union and in the Charter of Fundamental Rights, by engaging with all areas within its competence. In this regard, the EESC supports the European Commission's new initiative, based on Articles 157 and 19 of the Treaty, on the effectiveness of national equality bodies and developing their potential, their multiple roles and their capacities.

3.1.6The EU must give itself the practical means to translate the general principle of equality into a legal principle applicable to all Member States, which would provide protection beyond unequal treatment linked to the seven forms of discrimination protected by Article 19 of the Treaty on the Functioning of the European Union. The use of structural funds would, for example, be an efficient way to effectively implement anti-discrimination measures.

3.1.7Recognising a general principal of equal treatment and creating positive obligations, as well as recognising their systemic dimension, would be ways to improve the fight against economic and social inequalities.

3.2Tackling digital inequalities and discrimination

3.2.1While the EESC recognises that technological developments help facilitate access to rights for many citizens, it believes that they also lead to new inequalities in access to rights and services, and a new need to intervene in order to uphold the principle of equal treatment.

3.2.2The digitalisation of government services and of access to goods and services (particularly essential services) has led to a profound change in the relationship with the user, removing physical barriers but also creating new digital barriers. It prevents access to rights and services for certain citizens, especially the most disadvantaged, the vulnerable and those with disabilities, as well as the majority of older people in Europe
  10
  .

3.2.3These shortcomings call for developing and implementing new public policies for digital inclusion, as well as for creating positive obligations for both public and private operators with regard to users, including free and easy access.

3.2.4In addition to the technical difficulties of digital access, and in connection with the tools derived from algorithms
  11
  and biometric technologies
  12
  , the EESC notes that we are facing new rights violations and forms of discrimination.

3.2.5As highlighted by the work of the Council of Europe
  13
  and the Fundamental Rights Agency
  14
  , algorithmic decisions lead to decision-making tools with discriminatory biases based on the search for automated results. The most relevant legal instruments to mitigate the risks of AI driven discrimination are non-discrimination law and data protection law. If effectively enforced, both legal instruments could help to fight illegal discrimination.

3.2.6The EESC believes that controlling these effects would require commitment to strong public policy that applies to the entire European internal market, as well as to economic operators outside Europe. This would require (in line with the Digital Services Act currently being adopted) the introduction of processes for monitoring automated decision-making, as well as for data verification, evaluation, impact studies and for correction processes in the development and implementation of these technologies. The adoption of the directive on digital services could also help to provide solutions.

3.3Developing the protection of equal treatment and the fight against discrimination in the professional world

3.3.1The EESC stresses the importance of employment for integration and for making the promise of equality for all a reality.

3.3.2Despite the EU's historic commitment to gender equality in employment, the current situation reminds us that, historically, women are the first to suffer the consequences of crises, be they economic, social, health or others. Gender equality in the workplace remains one of the major challenges faced by European countries. The COVID-19 crisis saw female employment rates drop across all ages in all occupational groups, falling globally to 61.8%
  15
  .

3.3.3These gender-related inequalities simply add to the other forms of inequality. Eurostat's 2019 survey shows that 68% of people with disabilities were at risk of poverty or social exclusion, compared to 28.4% of the general population
  16
  . Of those who considered themselves LGBT, 21% felt discriminated against at work, as did 25% of people with Maghreb, African or Roma origins
  17
  .

3.3.4The 2020 Eurobarometer on discrimination showed that 59% of Europeans believe that the primary cause of discrimination is ethnic origin or skin colour, with studies showing that it is particularly significant in the area of employment, where it has a considerable impact on equal opportunities and social integration. Efficient methods should be put in place to determine such discrimination before the courts, such as the Clerc method, recognised by the French supreme courts, which makes it possible to compare the career developments of people hired at the same level
  18
  .

3.3.5Today, European policy on combating discrimination in employment is limited to a legal framework that allows reports of situations of discrimination to be brought before the courts, imposing on the potential victim the very heavy burden of fighting discrimination by bringing one or more cases against their employer, service provider or the State.

3.3.6The Commission has long acknowledged that discrimination is the product of collective phenomena. Litigation on a case-by-case basis is a heavy weight for victims to bear. Refusal to take legal action in cases of discrimination is well documented and widespread
  19
  . Discrimination in employment makes up a fraction of litigation cases, while legal action in cases of discrimination in access to goods and services is almost non-existent. Non-judicial mechanisms and processes for promoting equality could be strengthened, as could support for pro bono legal work and litigation in the public interest.

3.3.7To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC is in favour of EU legislation to adopt procedural tools that facilitate access to rights in the Member States, for example by using collective action mechanisms that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment.

3.3.8Furthermore, if the European Union intends to combat workplace discrimination efficiently, legal proceedings cannot be the only form of intervention in the face of collective and systemic discrimination.

3.3.9The European Union should broaden its range of actions against discrimination beyond simple judicial redress by requiring forecasting tools to be implemented, allowing for proactive intervention, correcting practices and preventing discrimination.

3.3.10The EESC believes that comparable policies on discrimination must be implemented, based on all the criteria set out in Article 19 of the Treaty on the Functioning of the European Union. It therefore calls on the European Commission to:

I.commit to efficient enforcement of the existing measures or adopting new measures to promote equality in employment and ensure the effective implementation of existing legislation within the framework of its employment and anti-discrimination policy;

II.ensure that measures are adopted to broaden the definition of discrimination in the workplace and to strengthen employer assessment, reporting and monitoring obligations;

III.support businesses in developing anti-discrimination and inclusion practices.

3.4Broadening and unifying the scope of protection against discrimination within the Union

3.4.1The EESC strongly urges the European Union to further develop protection against discrimination in access to goods and services, notably by adopting the proposal for a directive, COM(2008) 426 of 2 July 2008 on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.

3.4.2The EESC notes that current protection against discrimination in access to goods and services creates a protection hierarchy based on the recognised forms of discrimination, and therefore creates situations of unequal protection for those covered by these criteria for discrimination.

3.4.3While the principle of non-discrimination is an important part of safeguarding fundamental rights within the Union, as long as adoption of the draft directive COM(2008) 426 is suspended, the European Union will not be able to fulfil its mission to ensure equal enjoyment of rights in the European public space.

3.4.4The EESC calls on the Council, the Parliament and the Commission to ensure that measures are taken to adopt this draft directive in a version that incorporates its overarching proposals on improving access to rights and redress including, in particular, mechanisms to facilitate access to rights through the adoption of collective action procedures to ensure the effectiveness and recognition of the competences of national anti-discrimination bodies.

3.4.5The EU should step up its efforts and cooperation on the ground to ensure that the dignity and fundamental rights of LGBTQIA+ people are respected without exception, that they are nowhere subject to prosecution, and that their participation in public life is strengthened.

3.5The EESC believes that the EU must actively promote the recognition of a general principle of equal opportunities and positive obligations. The EU institutions should also support national equality and human rights organisations by adopting binding standards so that they are able to exploit their full potential and ensure the effective application of existing legislation.

3.6Safeguarding protection against political, trade union and civic discrimination

3.6.1The EESC notes that in recent years, political and trade union or workers' association activists, as well as civic activists across Europe have faced difficulties in exercising their freedom of expression and action, for example in exercising their right to protest, in order to voice their demands or to negotiate.

3.6.2The EESC believes that both the Union and the Member States must in accordance with their legislation and applicable international instruments effectively ensure security, equal treatment, and protection by Member State authorities for political actors, social partners and community actors as a corollary of its values of democracy, the rule of law, and non-discrimination based on political opinions.

3.6.3All Member States have ratified ILO C087 Freedom of Association and Protection of the Right to Organise Convention and ILO C098 Right to Organise and Collective Bargaining Convention. Freedom of association and the right to organise must also be respected and promoted. It is important that discussions take place at national and EU level on how to ensure workers can have access to trade union representation, and exercise rights to collectively organise and take collective action
  20
  . In line with the International Labour Organization's internationally recognised standards, the EESC strongly encourages Member States and the Commission to ensure in accordance with their legislation, industrial relations systems and applicable international instruments, that they effectively protect freedom of association and right to organise and collective bargaining.

3.7Effective national institutions to promote equality, protect fundamental rights and combat discrimination

3.7.1Too often, the application of European and national regulations in this area comes with significant limitations linked to the legal, institutional, organisational and financial aspects that characterise each Member State.

3.7.2The Committee believes that concrete plans should be established, including financial support, to improve the capacity of the relevant national institutions.

3.7.3The Committee encourages the Commission to develop assistance programmes for national institutions with human rights responsibilities in order to improve, strengthen and streamline their capacities (through the creation and accreditation of and compliance with international standards) by including awareness raising and knowledge, and by catering to the specific needs of all groups.

3.7.4The ability of all civic and social actors to work with existing legal instruments and to work with public institutions (in particular those involved in the protection of human rights) must also be improved. Better support is needed for social actors and civil society organisations to ensure access to the law for victims of discrimination. This support could take the form of training, awareness-raising, knowledge and best practice sharing, financial and organisational support, and protection against attacks and smear campaigns.

3.7.5As previously suggested, the Committee reiterates the need to create an effective and accessible mechanism for identifying and reporting physical and verbal attacks, intimidation and harassment (including through abusive legal proceedings), and hate speech against civil society organisations, including those that protect human rights
  21
  . When these attacks are launched in the digital sphere, they must be quickly identified, and the corresponding publications removed.

Brussels, 26 October 2022

Christa Schweng

The president of the European Economic and Social Committee

*

*
     *

N.B.: Appendix overleaf.

APPENDIX to the OPINION 
  of the
  European Economic and Social Committee

The following amendments, which received at least a quarter of the votes cast, were rejected during the discussions (Rule 59(3) of the Rules of Procedure):

AMENDMENT 1

| AMENDMENT 1



  SOC/724


  Improving equality in the EU



  Point 3.3.7



  Amend as follows: | |
| --- | --- |

SOC/724

Improving equality in the EU

Point 3.3.7

Amend as follows:

Section opinion

| Section opinion | Amendment |
| --- | --- |
| To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC is in favour of EU legislation to adopt procedural tools that facilitate access to rights in the Member States, for example by using collective action mechanisms that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment. | To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC encourages Member States to consider and, where needed, take appropriate actions to ensure and support access to justice. This could include legislation to adopt procedural tools that facilitate access to rights in the Member State concerned, for example by using collective action mechanisms that can improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment. |

Amendment

To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC is in favour of EU legislation to adopt procedural tools that facilitate access to rights in the Member States, for example by using collective action mechanisms that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment.

To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC encourages Member States to consider and, where needed, take appropriate actions to ensure and support access to justice. This could include legislation to adopt procedural tools that facilitate access to rights in the Member State concerned, for example by using collective action mechanisms that can improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment.

Reason

| Reason |
| --- |
| In the study group and in the SOC section there was no agreement across all three groups on this matter. Procedural law traditionally belongs to the competence of the Member States. Thus it should be for Member States to decide whether they wish to introduce at national level collective actions/collective redress as a tool to enforce the equality principle. This would also allow for any national systems to be adapted to the national realities. Furthermore, one should not forget that collective redress could also be misused. |

In the study group and in the SOC section there was no agreement across all three groups on this matter. Procedural law traditionally belongs to the competence of the Member States. Thus it should be for Member States to decide whether they wish to introduce at national level collective actions/collective redress as a tool to enforce the equality principle. This would also allow for any national systems to be adapted to the national realities. Furthermore, one should not forget that collective redress could also be misused.

Outcome of the vote

| Outcome of the vote |
| --- |
| In favour:
     59


  Against:
     104


  Abstention:
     13 |

In favour:
     59

Against:
     104

Abstention:
     13

AMENDMENT 2

SOC/724

Improving equality in the EU

Point 3.3.10

Amend as follows:

Section opinion

| Section opinion | Amendment |
| --- | --- |
| The EESC believes that comparable policies on discrimination must be implemented, based on all the criteria set out in Article 19 of the Treaty on the Functioning of the European Union. It therefore calls on the European Commission to:


  ·commit to efficient enforcement of the existing measures or adopting new measures to promote equality in employment and ensure the effective implementation of existing legislation within the framework of its employment and anti-discrimination policy;


  ·ensure that measures are adopted to broaden the definition of discrimination in the workplace and to strengthen employer assessment, reporting and monitoring obligations;


  ·support businesses in developing anti-discrimination and inclusion practices. | The EESC believes that comparable policies on discrimination must be implemented, based on all the criteria set out in Article 19 of the Treaty on the Functioning of the European Union. It therefore calls on the European Commission to:


  ·commit to efficient enforcement of the existing measures or adopting new measures to promote equality in employment and ensure the effective implementation of existing legislation within the framework of its employment and anti-discrimination policy;


  ·ensure that measures are adopted that help making efficient use of the definition of discrimination as laid down in EU law in the workplace and to provide guidance to employers in their assessment, reporting and monitoring obligations;


  ·support businesses in developing anti-discrimination and inclusion practices. |

Amendment

The EESC believes that comparable policies on discrimination must be implemented, based on all the criteria set out in Article 19 of the Treaty on the Functioning of the European Union. It therefore calls on the European Commission to:

·commit to efficient enforcement of the existing measures or adopting new measures to promote equality in employment and ensure the effective implementation of existing legislation within the framework of its employment and anti-discrimination policy;

·ensure that measures are adopted to broaden the definition of discrimination in the workplace and to strengthen employer assessment, reporting and monitoring obligations;

·support businesses in developing anti-discrimination and inclusion practices.

The EESC believes that comparable policies on discrimination must be implemented, based on all the criteria set out in Article 19 of the Treaty on the Functioning of the European Union. It therefore calls on the European Commission to:

·commit to efficient enforcement of the existing measures or adopting new measures to promote equality in employment and ensure the effective implementation of existing legislation within the framework of its employment and anti-discrimination policy;

·ensure that measures are adopted that help making efficient use of the definition of discrimination as laid down in EU law in the workplace and to provide guidance to employers in their assessment, reporting and monitoring obligations;

·support businesses in developing anti-discrimination and inclusion practices.

Reason

| Reason |
| --- |
| This point is about implementing policies based on criterial set out in Article 19 of the TFEU. Points 3.4.1 (and 1.3) of this opinion already state that "The EESC strongly urges the European Union to further develop protection against discrimination in access to goods and services, notably by adopting the proposal for a directive, COM(2008) 426 of 2 July 2008 on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation." The amendment aims at modifying the text to indicate what kind of measures are needed to make the implementation and application of EU anti-discrimination rules efficient. |

This point is about implementing policies based on criterial set out in Article 19 of the TFEU. Points 3.4.1 (and 1.3) of this opinion already state that "The EESC strongly urges the European Union to further develop protection against discrimination in access to goods and services, notably by adopting the proposal for a directive, COM(2008) 426 of 2 July 2008 on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation." The amendment aims at modifying the text to indicate what kind of measures are needed to make the implementation and application of EU anti-discrimination rules efficient.

Outcome of the vote

| Outcome of the vote |
| --- |
| In favour:
     67


  Against:
     109


  Abstention:
     11 |

In favour:
     67

Against:
     109

Abstention:
     11

AMENDMENT 3

SOC/724

Improving equality in the EU

Point 3.4.4

Amend as follows:

Section opinion

| Section opinion | Amendment |
| --- | --- |
| The EESC calls on the Council, the Parliament and the Commission to ensure that measures are taken to adopt this draft directive in a version that incorporates its overarching proposals on improving access to rights and redress including, in particular, mechanisms to facilitate access to rights through the adoption of collective action procedures to ensure the effectiveness and recognition of the competences of national anti-discrimination bodies. | The EESC calls on the Council, the Parliament and the Commission to ensure that measures are taken to adopt this draft directive in a version that incorporates its overarching proposals on improving access to rights and redress while leaving it to the Member States to decide on possible mechanisms to facilitate access to rights through the adoption of collective action procedures to ensure the effectiveness and recognition of the competences of national anti-discrimination bodies. |

Amendment

The EESC calls on the Council, the Parliament and the Commission to ensure that measures are taken to adopt this draft directive in a version that incorporates its overarching proposals on improving access to rights and redress including, in particular, mechanisms to facilitate access to rights through the adoption of collective action procedures to ensure the effectiveness and recognition of the competences of national anti-discrimination bodies.

The EESC calls on the Council, the Parliament and the Commission to ensure that measures are taken to adopt this draft directive in a version that incorporates its overarching proposals on improving access to rights and redress while leaving it to the Member States to decide on possible mechanisms to facilitate access to rights through the adoption of collective action procedures to ensure the effectiveness and recognition of the competences of national anti-discrimination bodies.

Reason

| Reason |
| --- |
| In the study group and in the SOC section there was no agreement across all three groups on this matter. Procedural law traditionally belongs to the competence of the Member States. Thus it should be for Member States to decide whether they wish to introduce at national level collective actions/collective redress as a tool to enforce the equality principle. This would also allow for any national systems to be adapted to the national realities. Furthermore, one should not forget that collective redress could also be misused. |

In the study group and in the SOC section there was no agreement across all three groups on this matter. Procedural law traditionally belongs to the competence of the Member States. Thus it should be for Member States to decide whether they wish to introduce at national level collective actions/collective redress as a tool to enforce the equality principle. This would also allow for any national systems to be adapted to the national realities. Furthermore, one should not forget that collective redress could also be misused.

Outcome of the vote

| Outcome of the vote |
| --- |
| In favour:
     60


  Against:
     114


  Abstention:
     11 |

In favour:
     60

Against:
     114

Abstention:
     11

AMENDMENT 4

SOC/724

Improving equality in the EU

Point 1.10

Amend as follows:

Section opinion

| Section opinion | Amendment |
| --- | --- |
| To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC is in favour of EU legislation to adopt standards that facilitate the implementation of collective action in the Member States that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment. | The EESC encourages Member States to consider and, where needed, take appropriate actions to overcome or alleviate the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make their legal framework an effective deterrent in regulating discrimination. This could include legislation to adopt standards that facilitate the implementation of collective action in the Member State concerned that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment. To facilitate exchanges of best practices, the European Commission is invited to provide information on the different national legislative frameworks in this regard. |

Amendment

To overcome the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make the legal framework an effective deterrent in regulating discrimination, the EESC is in favour of EU legislation to adopt standards that facilitate the implementation of collective action in the Member States that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment.

The EESC encourages Member States to consider and, where needed, take appropriate actions to overcome or alleviate the burden of litigation on individuals, to give legal action a weight commensurate with the practices it denounces, and to make their legal framework an effective deterrent in regulating discrimination. This could include legislation to adopt standards that facilitate the implementation of collective action in the Member State concerned that improve both access to judicial redress and its impact on combating discrimination and upholding equal treatment. To facilitate exchanges of best practices, the European Commission is invited to provide information on the different national legislative frameworks in this regard.

Reason

| Reason |
| --- |
| In the study group and in the SOC section there was no agreement across all three groups on this matter. Procedural law traditionally belongs to the competence of the Member States. Thus it should be for Member States to decide whether they wish to introduce at national level collective actions/collective redress as a tool to enforce the equality principle. This would also allow for any national systems to be adapted to the national realities. Furthermore, one should not forget that collective redress could also be misused. |

In the study group and in the SOC section there was no agreement across all three groups on this matter. Procedural law traditionally belongs to the competence of the Member States. Thus it should be for Member States to decide whether they wish to introduce at national level collective actions/collective redress as a tool to enforce the equality principle. This would also allow for any national systems to be adapted to the national realities. Furthermore, one should not forget that collective redress could also be misused.

Outcome of the vote

| Outcome of the vote |
| --- |
| In favour:
     65


  Against:
     113


  Abstention:
     8 |

In favour:
     65

Against:
     113

Abstention:
     8

_____________