C 184/74
EN
Official Journal of the European Union
25.5.2023
3.5.
The EESC agrees with the European Commission that, in order to create the conditions for everyone to live, thrive and lead regardless of differences, there is a need to empower existing equality bodies, so that they can achieve their full potential and be better prepared to prevent discrimination and assist victims of discrimination.
3.6.
The EESC believes that the promotion of equality bodies is crucial to ensure the fundamental rights of all EU-citizens.
By actively promoting equality bodies, the EU is securing the support of any EU-citizens who are being discriminated against and ensuring their right to support and representation.
3.7.
The EESC recalls point 2.10 in the EESC opinion on Improving equality in the EU (12): ‘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’.
3.8.
EU-level action that is in line with the principles of subsidiarity and proportionality, and consistent with the other Union policies, is necessary in this area.
The European Commission declared that the present initiative revises already existing legislation to increase its effectiveness, setting up minimum standards and involving social partners and civil society.
4.
Specific Comments 4.1.
Enhancing the competences of equality bodies 4.1.1.
Given the prolonged stalemate with passing the so-called Horizontal Directive, and based on a victim-centre approach in which justice delayed is justice denied, the EESC believes that not taking proper account of intersectional and multiple forms of discrimination would be a missed opportunity.
Some forms of discrimination cannot be addressed by looking at discriminatory grounds one by one, and do need an intersectional approach.
4.1.2.
Though a number of existing directives require Member States to set up national equality bodies, current EU rules leave a wide margin of discretion in terms of set-up and operation, and there are significant differences among equality bodies regarding powers, independence, resources, accessibility and effectiveness.
The new initiative introducing minimum standards for equality bodies is intended to contribute to the European Commission's efforts to move towards a Union of Equality and strengthens the effectiveness of EU’s non-discrimination law.
4.1.3.
The European Commission’s proposal to extend the mandate of equality bodies to cover Council Directive 79/7/EEC, so that equality bodies are able to provide protection against gender-based discrimination in the field of state social security, must be without prejudice to the role and powers of social partners and should serve to reinforce and support their work.
4.1.4.
The EESC acknowledges the centrality and supports the introduction of the proposed legal requirement for equality bodies to be free from external influence and to ensure that they are provided with sufficient sustainable human, professional, technical and financial resources.
4.1.5.
The EESC applauds the proposed strong safeguards for the independence of equality bodies, which is crucial to their ability to provide sufficient support to citizens.
4.1.6.
The EESC emphasises the particular importance of safeguards for the availability and adequacy of the human, technical and financial resources provided to equality bodies.
Resources are a prerequisite, both for the independence of equality bodies and for their ability to effectively protect victims and prevent discrimination.
4.1.7.
Part of the European Commission's proposal is a requirement for public institutions to consult equality bodies in a timely manner, and to take their recommendations into consideration.
The EESC recommends that Member States should be required to report on what action they have taken in relation to the recommendations made by equality bodies, as well as the results of these actions.
(12)
See EESC Opinion on ‘Improving Equality in the EU’ (OJ C 75, 28.2.2023, p. 56).