Equality bodies
| Date | 01 June 2018 |
| DOI | 10.1177/1358229118799231 |
| Published date | 01 June 2018 |
| Subject Matter | Articles |
Article
Equality bodies:
A European phenomenon
Tama
´sKa
´da
´r
Abstract
The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race
Directive was a genuine paradigm shift in European equal treatment legislation and
practice. One of the major developments resulting from this Treaty change and new
Directive was the introduction of a requirement for all European Union (EU) Member
States to set up bodies for the promotion of equal treatment, first on the ground of race
and ethnic origin, later extended to the ground of gender. This article analyses the
emergence of these bodies – equality bodies – in EU Member States and candidate
countries and the role they play in promoting equality and the implementation and
monitoring of EU equal treatment legislation. It argues that equality bodies have a sig-
nificant potential to contribute to more equal societies and they have proved to be
effective agents of change. They do so, among others, by contributing to relevant case
law in front of the Court of Justice of the EU leading to the further development and
clarification of EU and national equal treatment legislation. The article also looks at the
challenges experienced by equality bodies in different European countries as factors that
influence and might limit their potential and contribution. To conclude, the article
examines the necessary conditions for equality bodies to effectively contribute to the
implementation of EU legislation and the achievement of substantive equality and it
assesses whether current standards for equality bodies can guarantee these conditions.
Keywords
Equality bodies, discrimination, equality, equal treatment, EU law, standards
Equinet, the European Network of Equality Bodies, Belgium
Corresponding author:
Tama
´sKa
´da
´r, Equinet, 138 Rue Royale, 1000 Brussels, Belgium.
Email: tamas.kadar@equineteurope.org
International Journalof
Discrimination and theLaw
2018, Vol. 18(2-3) 144–162
ªThe Author(s) 2018
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1358229118799231
journals.sagepub.com/home/jdi
Equality is a fundamental value of the EU, and the European Network of Equality Bodies is
a fundamental part of defending our values against attack and our citizens against
discrimination.
1
Introduction
While equality bodies existed before 2000, their emergence on a large scale and in a
whole geographical region is the result of European Union (EU) legislation and in
particular the so-called Race Directive.
2
A requirement for all EU Member States, and
candidate countries, to establish or designate an equality body was introduced with the
Race Directive in order to strengthen protection against discrimination. Equality bodies
were tasked to analyse the problems involved, to study possible solutions and to provide
concrete assistance for the victims.
3
This article discusses how far equality bodies have
been able to fulfil this important role and looks at the potential equality bodies as
specialized institutions dedicated to promoting equality and tackling discrimination
hold. I argue that in a difficult social environment, equality bodies have successfully
established themselves as champions for equality and they have a major role to play in
implementing and developing European and national protection against inequalities and
discrimination. The second part of the article considers the challenges faced by equality
bodies in terms of their independence and effectiveness and argues that European-level
standards are necessary to tackle these challenges.
A short history of equality bodies
Equality bodies were first set up in a small number of, mainly common law, coun-
tries in the 1960s and 1970s to ensure protection against discrimination. This period
coincided with the American Civil Rights Movement and the adoption of various
UN Human Rights Treaties, such as ICERD
4
and CEDAW,
5
focusing on specific
discriminated groups but also the more general ICCPR
6
and ICESCR
7
with strong
provisions against discrimination. In the United States, the setting up of the Equal
Employment Opportunity Commission was a result of the Civil Rights Act of 1964.
8
The United Kingdom set up an Equal Opportunities Commission in 1976
9
(for
gender equality) and a Commission for Racial Equality in 1977,
10
neitherofthe
two institutions covering Northern Ireland. Sweden set up the Ja¨msta¨ lldhetsombuds-
mannen (Equality Ombudsman for gender equality) in 1980.
11
In some other coun-
tries, equality bodies were set up in the early 1990s, such as the Belgian Centre for
Equal Opportunities and Opposition to Racism in 1993 and the Dutch Equal Treat-
ment Commission in 1994.
However, until the third millennium countries with an equality body remained the
exception in Europe, and, as the above examples demonstrate, they could mostly be
found in the Northwestern edge of the continent.
While equality and non-discrimination had already been recognized as fundamental
values of the EU,
12
in 1999 the Amsterdam Treaty introduced a new Article 19 to the
Treaty on the Functioning of the EU (e.g. Article 13 TEC), allowing the Council of the
EU to adopt legislation to combat discrimination on six grounds.
13
The Council, stunned
Ka
´da
´r145
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