C 184/76
EN
Official Journal of the European Union
25.5.2023
4.2.4.
It is highly important to take into account the considerable diversity of Member States in terms of the number, structure and modus operandi of the equality bodies, and to respect the national legal frameworks and practices, while safeguarding against lowering of existing standards for anti-discrimination protection, including through the present powers of equality bodies being weakened under different national legislation.
Moreover, there are also differences in terms of how the organisations of social partners and civil society are involved in the process, and this has to be taken into account (15).
4.2.5.
The EESC believes that the right of equality bodies to participate in legal proceedings, which already exists in a number of Member States, is essential to ensure better protection of the principles of equal treatment, especially in situations where victims do not have access to justice due to procedural or financial obstacles, and they are not reached by social partners.
The EESC further stresses that, in line with the existing equality directives, the litigation powers of equality bodies should be without prejudice and complementary to the relevant competences and legal standing of social partners and civil society organisations, in accordance with the criteria laid down by their national law (16).
In this regard, it is very important that equality bodies cooperate at national level with the courts, with specialised administrative tribunals such as labour courts, and with social partners.
4.2.6.
The EESC recognises that meeting the burden of proof obligations under the existing equal treatment directives requires access to evidence for all parties with a legitimate interest in bringing proceedings on behalf of or in support of victims of discrimination, such as social partners, equality bodies and civil society organisations.
The exercise of investigative powers in this context must be without prejudice to the powers and independence of investigations by courts, tribunals and other public monitoring bodies such as labour inspectorates.
4.2.7.
The EESC believes that these two proposals should focus more on an individual-centred approach to victims of violence or discrimination.
In this regard, adequate protection should be provided for complainants, so as to avoid silence for fear of repercussions.
Proportionate and adequate compensation should be guaranteed for the offence suffered by the victim, and penalties should be ensured for offenders.
The sanctions, which may comprise payment of compensation to the victim, must be effective, proportionate and dissuasive, in line with Article 17 of Directive 2000/78/EC (17).
4.3.
Awareness-raising 4.3.1.
The EESC welcomes the focus on awareness raising and emphasises the importance for Member States and equality bodies to step up awareness-raising efforts, including by supporting organised civil society to prevent discrimination and create equality.
The EESC proposes that information campaigns on EU rights and the respect of diversities developed and funded by the European Commission be carried out by national equality bodies together with civil society organisations and social partners and adapted to local needs.
Special attention should be paid to the most vulnerable groups and special campaigns need to be planned and addressed to children and young people at school, starting from an early age.
4.3.2.
The EESC urges for social partners and civil society organisations to be included in the preparation, execution, and dissemination of these information campaigns.
The insights of the relevant organisations will further the reach and effectiveness of the campaigns, and can bring a voice the most vulnerable groups.
4.4.
Collection of data 4.4.1.
Equality bodies play an important role in data collection, which goes beyond collecting data about their own work.
The directives acknowledge this and, among others, give powers to equality bodies to access statistics collected by public and private entities, including public authorities, trade unions, companies, and civil society organisations.
This statistical information should not contain any personal data and its collection must limit the additional administrative or
(15)
(16) (17)
Matters relating to legal standing for all parties with a legitimate interest in engaging in non-discrimination proceedings under the EU Equality Directives, such as trade unions, employers' associations, equality bodies and civil society organisations, are regulated by the existing EU Equality Directives and, more specifically, by Article 9(2) of the Framework Employment Directive (Directive 2000/ 78/EC) and Article 17(2) of the Recast Gender Directive (Directive 2006/54/EC).
Recital 34 of Proposal for a Directive COM(2022) 688 final and Recital 35 of Proposal for a Directive COM(2022) 689 final, which state that the proposed provisions on legal standing are without prejudice to the role, powers and tasks of social partners and civil society in participating in proceedings enforcing obligations under anti-discrimination law.
OJ L 303, 2.12.2000, p. 16.