20 Amendments of Pirkko RUOHONEN-LERNER related to 2022/0400(COD)
Amendment 99 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directives, taking account of the diversity of approaches that the Member States may apply in order to resolve questions related to discrimination.
Amendment 102 #
(13a) It is vitally important to avoid the introduction of rules that would disrupt the natural processes connected with work and care. The equality bodies should respect the individual choices that parents and carers make, without causing undue stress for employers or violating their right to make independent decisions.
Amendment 108 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Equality bodies should be encouraged to act as sources of information and training rather than supervisory bodies. They should aim to promote understanding and open dialogue instead of becoming tools for driving certain ideologies. Their role should be advisory in nature, helping individuals and organisations to make valid choices.
Amendment 111 #
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. 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 should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities. Equality bodies should be free of inappropriate political influence and external pressure. Their structure should ensure a clear separation of functions in order to avoid conflicts of interest.
Amendment 138 #
Proposal for a directive
Recital 20
Recital 20
(20) Equality bodies, alongside other actors, have a 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. Their role in promoting equality should be in balance with a recognition of the freedom of choice that individuals have. Public participation should promote open dialogue and understanding, without forcing certain points of view.
Amendment 143 #
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 modalities under which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints. This process should remain voluntary, and there should be procedural safeguards in place to prevent abuse of the complaints procedure.
Amendment 172 #
Proposal for a directive
Recital 34
Recital 34
(34) The provisions on the equality bodies’ right to act in court proceedings do not alter the rights of victims and of associations, organisations or other legal entities that enforce the rights of victims which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that Directives 2006/54/EC and 2010/41/EU are complied with, as laid down in those Directives. The role of equality bodies in court proceedings should be clearly defined so as to avoid needless overlap with the tasks of other bodies that monitor rights. In this way, a balanced approach to discrimination is assured and overlapping measures are avoided.
Amendment 198 #
Proposal for a directive
Recital 40
Recital 40
(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence- based policymaking75. Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data. _________________ 75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.
Amendment 207 #
Proposal for a directive
Recital 46
Recital 46
(46) This Directive aims at ensuring the functioning of equality bodies according to minimum standards, with a view to improving their effectiveness and guaranteeing their independence, to strengthen the application of the principle of equal treatment. Since the objective of this Directive cannot be sufficiently achieved by the Member States and should therefore be achieved at Union level, the Union may adopt measures, iIn accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive, which limits itself to setting minimum standards, does not go beyond what is necessary to achieve that objective. Any unnecessary centralisation of power must be avoided. The Member States should still be able to adopt their own mechanisms to ensure the principle of equal treatment, without uniform measures being called for that do not necessarily reflect local needs and circumstances.
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are 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, at the same time respecting the principles of restricted public intervention and individual freedom.
Amendment 235 #
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 independence. The rules shall also cover the management of conflicts of interest and the rules on disqualification, which precisely set out the notification obligations in connection with different disqualification situations.
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims. The Member States shall implement the measures required to ensure that the equality bodies can perform their tasks without any external pressure or influence, and to guarantee their judicial independence and autonomy.
Amendment 247 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Member States shall ensure that appropriate safeguards are in place in the internal structure of multi-mandateequality bodies to guaranteensure the autonomous and effective exercise of the equality mandate in the case of multi-mandate bodies.
Amendment 263 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services, and which respects the diversity of opinions;
Amendment 272 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) ensure that equality bodies 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 and groups at risk of discrimination, provide training and guidance, and promote equality duties, and equality mainstreaming and positive action among public and private entities.
Amendment 315 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In particular, that framework shall provide equality bodies with effective rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodthe authorities for that purpose.
Amendment 333 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that equality bodies have the right to act in court proceedingsparticipate in administrative and civil law matters relating tocourt proceedings concerning the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 5,. This shall, however, be without prejudice to national rules on the admissibility of actions.
Amendment 363 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
The Member States shall guarantee that the procedural safeguards laid down in this Directive are complied with and that, at the same time, the rights of persons and organisations accused of discrimination are safeguarded. The principles of fair procedure and the presumption of innocence must be applied at all stages of the complaint handling process.
Amendment 376 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level. Cooperation shall be voluntary and non-coercive in nature, respecting the independence of different institutions.
Amendment 422 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall ensure that the collection of personal data by equality bodies is strictly limited to the performance of their assigned tasks. Private individuals shall have the right to monitor their personal data and the right not to allow the collection of any data that are not directly relevant to the purpose of the Directive.