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Enforcing the law: National Equality Bodies

Enforcing the law: National Equality Bodies. Sophie Latraverse June 2009. National Equality Bodies. I- European Equality bodies II- The French example: Halde. I- The European Equality Bodies. European Equality Bodies. Duty imposed :

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Enforcing the law: National Equality Bodies

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  1. Enforcing the law: National Equality Bodies Sophie Latraverse June 2009

  2. National Equality Bodies I- European Equality bodies II- The French example: Halde

  3. I- The European Equality Bodies

  4. European Equality Bodies • Duty imposed : • Article 13 of EC Directive 2000/43 ( race, ethnic origin) • Article 8 Bis of EC Directive 2002/73 (gender) • Inspired by pre-existing Equality Bodies in: • The UK • Belgium • Ireland • In Canada and USA : bodies created by law • Similar missions powers and challenges

  5. European Equality bodies • Member States shall designate a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights. • Member States shall ensure that the competences of these bodies include: - without prejudice to the right of victims and of associations, organizations or other legal entities referred to in Article 7(2), providing independent assistance to victims of discrimination in pursuing their complaints about discrimination, - conducting independent surveys concerning discrimination, - publishing independent reports and making recommendations on any issue relating to such discrimination.

  6. Single grounds and multiple grounds bodies • Implementation of the directives has spread the tendency towards multiple grounds bodies: • UK • Norway • Belgium • Newly created bodies • Some countries have chosen to isolate the ground of sex in a single body: • Finland, Romania, Lettonia, Belgium

  7. Obligation to assist all individuals • Wide scale of assistance • Information on legal rights • Assistance • Mediation • Representation before the court • Quasi-judicial • Investigation powers • Some rely on cooperation ( Slovenia, Belgium, Denmark) • Access to documents, premisses, statements under oath • Sweden, Greece and Lithuania – sanction of refusal to cooperate) • Must be independant (Paris principles)

  8. Strategic litigation • Constraint of case load: • Preliminary assessment and differenciated treatment? • Strategic litigation • Take in consideration public interest • Treatment of other cases

  9. Other powers • Formal investigations and inquiries • Address a sector of activity or a theme • UK • Ireland • Estonia • Amicus Curiae Applications • Relies on plaintiff’s ability to sue • No control on strategy or settlement • *Ireland pleads its standing in this regard on the basis of article 7(2) of Directive 2000/43

  10. Other powers-Non case oriented Positive Duties Requirement to promote equality in a pro-active manner and monitor progress or results with impact assessment • UK – Slovenia – Sweden- Estonia- Northern Ireland • Gender- Ethnicity- Religion Code of Practice Standard to evaluate conformity of a situation to the requirement of non discrimination UK Ireland- Romania – Austria Disability –Gender- Ethnicity

  11. Other powers-Non case oriented Good Practices Research Advice to Government Training Communication: sensibilisation - prevention Local buros – Half of the National Equality Bodies

  12. Conclusion This combination of powers and missions give a central role to NEBs on the following issues in many countries: • Construction of legal approach and precedents • Research and Statistic construction • Consultation of civil society • Formal Partnerships • Development of specific mainstreaming methods Resources are a central factor: In Europe from 200 000€ and 3 agents to 300 000€ and 500 agents

  13. II- The French Example: HALDE Haute autorité de lutte contre les discriminations et pour l’égalité

  14. HALDE • Created by the Law of December 30, 2004 • Jurisdiction over all discriminations prohibited by French law and international conventions duly ratified by France • In France, 19 grounds of discrimination prohibited by Law: • Various protections according to prohibited grounds • Multicriterium approach • French Law covers all areas of activites: • Goods and services • Access to public service • Private and public employment • Health

  15. Organisation Created by Law in 2005 College 11 Members Consultative Commitee 18 Members Presidency General Directorate Legal Affairs Promotion Of Equality Administration and Financial Ressources Regional Action

  16. The Halde : a New Equality Body • Multiple grounds • Investigating powers • Power of recommendation • Power of mediation • Intervention before the courts • Penal transaction

  17. The Context • New legal regime • Multiple grounds • A lack of experience • Limited resources • A need to show results

  18. Managing Reality • An ever increasing number of complaints • An absence of pre-existing judicial practice • A reluctance of judges • A need for judicial determination in a multiplicity of legal issues • The scrutiny of civil society

  19. Litigation strategy and objectives at stake • Development of investigation practices • Development of judicial practice • Development of jurisprudence

  20. Investigation Powers • To collect information from claimant • To collect information from any third party private or public • Interrogation of any person public or private • In situ inspection • Sworn statements by Halde agents

  21. Claims and Constraints Per year 1 410 claims in 2005 4 058 claims in 2006 6222 claims in 2007 Evolution: From 117 claims per month in 2005 to 338 réclamations per month in 2006, and 900claims per month at the end of 2008. In 2008: 8300 claims for 6414 files closed Since 2005 19478 claims and 15446 files closed

  22. Allocation of claims by ground of discrimination

  23. Decisions of the College in 2005- 2006- 2007 2005 2006 2007 Interventions before the Courts 1 48 115 Recommendations 29 151 332 Transmission to Public Prosecution 14 42 2 Mediations 1 33 49 Penal Transactions 0 20 28 Settlements 59 197 279 Total 166 541 873

  24. Follow-up of Cases • 69 % of the Recommendations followed • 83 % of the Observations presented before the Courts followed • 60 % Successfull Mediations • 79 % Public Prosecution after transmission to the Prosecutor • 98 % of the Penal Transactions have been validated by the Public Prosecution

  25. 2/ Promotion of Equality HALDE : …promotes and public private initiative ..pursues training and awareness raising ..identifies and promotes good practices Article 15 of the Law of 30 December 2004 …recommends legislative evolutions and gives advice on draft legislation …pursues independent studies and supports research …pursues communication and awareness raising campaigns Advice to Governement

  26. Regional Action • 6 regional offices : four on the metropolitan territory(Nord Pas-de-Calais, PACA, Ile de France, Rhône-Alpes) and two in Overseas Territories (Réunion, Antilles-Guyane). Mission : To coordinate a network of volounteers informing the public • 100 volonteer delegates, objective of 125 by the end of 2009: • Reception of claimants • Help to the constitution of the file or re-orientation • Rapid local dispute resolution

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