FantasticSearch

(1) Equality and non-discrimination are recognised as essential values of the Union in Articles 2 and 3 of the Treaty on European Union (TEU). Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) provide, respectively, that the Union is to promote equality between men and women and combat discrimination based on sex in all its activities. The Charter of Fundamental Rights of the European Union protects the right to non-discrimination and the right to equality between women and men in Articles 21 and 23. The Union has already adopted several Directives to combat discrimination.

(2) The purpose of this Directive is to lay down minimum requirements for the functioning of bodies for the promotion of equal treatment (‘equality bodies’) to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU of the European Parliament and of the Council.

(3) Directive 2006/54/EC prohibits discrimination based on sex, in relation to access to employment and occupation, including promotion, and to vocational training, in relation to working conditions, including pay, and in relation to occupational social security schemes.

(4) Directive 2010/41/EU prohibits discrimination between men and women engaged in an activity in a self-employed capacity.

(5) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, it also applies to discrimination arising from gender reassignment .

(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directive. Those Directives require Member States to ensure that the competences of such bodies include providing independent assistance to victims, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of those bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality.

(7) Council Directives 2000/43/EC and 2004/113/EC also provide for the designation of equality bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directive.

(8) All Member States have designated equality bodies pursuant to Directives 2006/54/EC and 2010/41/EU. A diverse system of equality bodies has been put in place, and good practices have emerged. However, many equality bodies face challenges, in particular concerning the resources, independence and powers necessary to perform their tasks.

(9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. As a result, there are significant differences between equality bodies in the Member States, in terms of their mandates, competences, structure, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another.

(10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance in accessing justice to all individuals and groups that are discriminated against across the Union, it is necessary to establish minimum standards for the functioning of those bodies. The minimum standards laid down in this Directive take into account Commission Recommendation (EU) 2018/951 , drawing on some of its provisions and the approach recommended therein. They also draw on other relevant instruments, such as the revised General Policy Recommendation No 2 on equality bodies adopted by the European Commission against Racism and Intolerance and the Paris Principles relating to the Status of National Human Rights Institutions adopted by the United Nations, which are applicable to national human rights institutions.

(11) The same minimum standards for the functioning of equality bodies as regards the matters covered by Council Directive 79/7/EEC , Directive 2000/43/EC, 2000/78/EC and Directive 2004/113/EC are provided for in Council Directive (EU) 2024/1499 .

(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The minimum requirements laid down in this Directive should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directives.

(13) This Directive applies to equality bodies when tackling discrimination covered by Directive (EU) 2019/1158 of the European Parliament and of the Council by virtue of the reference in Article 15 of that Directive to Article 20 of Directive 2006/54/EC that is being replaced by this Directive.

(14) Directive (EU) 2023/970 of the European Parliament and of the Council should be considered lex specialis in relation to Directive 2006/54/EC only regarding matters covered therein. This Directive should be without prejudice to more specific provisions on equality bodies set out in Directive (EU) 2023/970.

(15) In promoting equal treatment, preventing discrimination, collecting data on discrimination and assisting victims in accordance with this Directive, it is important that equality bodies pay particular attention to intersectional discrimination, which is understood as discrimination based on a combination of sex and any other ground or grounds of discrimination protected under Directives 79/7/EEC, 2000/43/EC, 2000/78/EC or 2004/113/EC.

(16) Member States should designate one or more bodies to exercise the competences laid down in this Directive. Member States may divide the competences between several equality bodies, for example by entrusting one body with prevention of discrimination, promotion of equal treatment and assistance to victims of discrimination, and another with decision-making functions. This Directive should be without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the autonomy and role of the social partners.

(17) Equality bodies can only fulfil their role effectively if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take a number of measures that contribute to the independence of equality bodies. Equality bodies that exercise competences laid down in this Directive may be part of a ministry or another organisational entity, provided that the necessary safeguards are in place to ensure the performance of their tasks independently from political, financial, religious or any other influence. In particular, while performing their tasks and exercising their competences, equality bodies should retain their independence in relation to any external influence, whether direct or indirect, by refraining from seeking or taking instructions from anybody. In line with the objectives of this Directive and within the applicable legal framework, equality bodies should be able to manage their own financial and other resources, including by selecting and managing their own staff, and be able to set their own priorities. Staff members holding a decision-making or managerial position, whether permanent or temporary, such as the head or deputy head of the equality body and, where applicable, members of the governing board, should be independent, qualified for their position and selected through a transparent process. Transparency in that process can be ensured, for example, by publishing vacancy notices publicly.

(18) Member States should ensure that the internal structure of equality bodies, such as their internal organisation and processes, allows the independent, and where appropriate impartial, exercise of their various competences, by establishing appropriate safeguards where equality bodies have potentially conflicting tasks, especially when some of those tasks focus on support to victims. Equality bodies should, in particular, act impartially while conducting an inquiry or assessing a case, especially when the equality body holds binding decision-making powers.

(19) Where the equality body is part of a multi-mandate body such as an ombudsperson with a broader mandate or a national human rights institution, the internal structure of such a multi-mandate body should guarantee the effective exercise of the specific equality mandate.

(20) Through their respective national budgetary processes, Member States should ensure that equality bodies receive sufficient resources, including qualified staff, appropriate premises and infrastructure to carry out each of their tasks effectively, within a reasonable time or within the deadlines established by national law. Receiving such sufficient resources is key to the effective functioning of equality bodies and the fulfilment of their tasks. It is important that, where new competences are ascribed to equality bodies, Member States ensure that their financial and other resources continue to allow them to perform their tasks and to exercise their competences effectively.