Fighting discrimination, September 2002

Council Directive 2000/43/EC requires each EU Member State to establish a body responsible for promoting equal treatment by July 2003. To assist both those Member States which have not yet created such organisations and those which already have them, a study was undertaken for the European Commission to look at how they should best be structured and operated.

The results of the study, 'Specialised bodies to promote equality and/or combat discrimination' (funded under the Community Action Programme to Combat Discrimination, 2001-2006) were released by the Commission on 26 September 2002. Findings are based on an analysis of 21 existing equality and anti-discrimination bodies in 12 Member States. Examples include Belgium's Centre for Equal Opportunities and the Fight Against Racism; Denmark's Advisory and Documentation Centre on Racial Discrimination; the Special Commission against Racial Discrimination, Luxembourg; the Equal Treatment Commission in the Netherlands; Sweden's Disability Ombudsman; Finland's Ombudsman for Minorities; and the United Kingdom's Commission for Racial Equality.

Austria, Greece and Spain were found by the contractor which carried out the study for the Commission to have no relevant bodies (i.e. any involved in promoting equality and fighting discrimination on the grounds of racial and ethnic origin, religion and belief, disability, age and sexual orientation).

The authors of the report point out that the findings are based on a study of a limited number of organisations and 'are not to be considered exhaustive'. They should rather be seen as highlighting examples of good practice and experiences from which others might benefit. Amongst the main findings of the report are:

• Bodies should have a clear mandate and their independence should be guaranteed by statute;
• They should be given sufficient financial resources;
• Their political role should be formalised, so that their expertise can to be included in legislative initiatives and in reviews of legislation;
• An integrated approach to the different grounds of discrimination within a single equality body has advantages in terms of legal coherence, consistency and clarity about citizens' rights;
• Assistance should be provided free of charge, both to victims and to witnesses of discrimination and bodies should be allowed to take up more general cases to raise issues of common concern;
• They should carry out surveys to analyse the actual level of discrimination and problems regarding equal treatment.

Commenting on the report, the European Commissioner responsible for Employment and Social Affairs, Anna Diamantopoulou, said: 'National Equality Bodies are a vital tool to support citizens' rights and governments must make sure that they are strong enough to resist interference in their work and well enough endowed to do their job properly'.

Links:

European Commission:
	26.09.02: Social Affairs: Commission welcomes new study on antidiscrimination bodies [IP/02/1372]
	European Commission: DG Employment and Social Affairs: Specialised bodies to promote equality and/or combat discrimination: Index
	Specialised bodies to promote equality and/or combat discrimination. Final Report - Executive Summary, May 2002
	Specialised bodies to promote equality and/or combat discrimination. Final Report, May 2002

Eric Davies
KnowEurope Researcher
Compiled: Friday, 27 September 2002

A study was published by the European Commission on 26 September 2002, which examines how a body to be established by each EU Member State by July 2003 with responsibility for promoting equal treatment should best be structured and operated.