Current EU equality rules require the establishment of national equality bodies in all EU member states. These institutions have emerged as necessary and valuable for the affirmation of the principle of non-discrimination for individuals and the adoption of equality policies by public authorities and private organisations.

Many member states have enabled their equality bodies to perform a meaningful role and become key centres of expertise and support on complaints of discrimination.

While there are numerous good practices, the landscape of equality bodies in the EU is characterised by great diversity, which, regrettably, also includes insufficient independence and limited powers. This is because the existing legislation only contains minimum criteria on competence and independence without setting standards.

This situation creates disparities in the way victims are supported across the EU. Building a Union of equality means ensuring that people in all member states enjoy a common minimum level of protection against discrimination, with comparable rights to redress.

Through a new legislative initiative adopted this week by the European Commission, we want to see equality bodies achieve their full potential; to contribute effectively to the enforcement of EU equality rules; help victims of discrimination access justice; engage in prevention and promotion activities; raise awareness of the right to non-discrimination; and build knowledge and capacities of public and private entities.

This is necessary as the perceived prevalence of discrimination based on the grounds of racial and ethnic origin, sexual orientation, religion or belief, disability and age is high and ranges from 59 per cent to 40 per cent. Underreporting on discrimination remains a widespread problem and many incidents pass under the radar.

Discrimination is a cost for individuals, society and the economy. Facing labour shortages and skills gaps, we need to address the long-standing challenges to labour market participation of women, persons with disabilities, Roma and people with a migrant background. Delivering equality in people’s everyday lives is a major opportunity for inclusive and sustainable growth. And stronger equality bodies are part of the solution.

The proposed legislation on standards for equality bodies that the European Commission just launched will improve the way equality bodies operate. Member states will have to ensure equality bodies have robust safeguards to their independence, are adequately funded and are entrusted with the necessary powers to assist victims of discrimination effectively.

Building a Union of equality means ensuring that people in all member states enjoy a common minimum level of protection against discrimination- Helena Dalli

The support from an equality body for citizens facing discrimination must be a game changer. Services of equality bodies will have to be free and accessible to all victims on an equal basis, without barriers. 

Equality bodies will have to provide all complainants with information and a preliminary assessment of their case. They will all be able to propose certain possibilities to pursue cases of discrimination, including seeking an amicable resolution between parties, investigate further, issue opinions or binding decisions and act in court.

With our proposals, equality bodies will be able to play a central role in building and sharing knowledge. Public institutions will be required to consult these bodies in a transparent and timely manner on matters related to equality and consider their recommendations.

These bodies will be able to contribute to improving data collection on equality, which is crucial for monitoring and informed policymaking. Their regular reports on the state of equal treatment and discrimination will help shed light on challenges to be tackled.

If we get this right, equality bodies will not only be able to fight discrimination in the short term and in individual cases, they will be able to support member states in embedding the principle of equality and promoting progress in the midterm towards cohesive societies based on fairness and inclusion.

Helena Dalli is European Commissioner for Equality.

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