Catalysts for Change? Equality bodies according to Directive 2000/43/EC – existence, independence and effectiveness

In the Preamble to the Racial Equality Directive, the EU legislator considered that '[p]rotection against
discrimination based on racial or ethnic origin would itself be strengthened by the existence of a body or bodies in each Member State, with competence to analyse the problems involved, to study possible solutions and to provide concrete assistance to victims.' [Recital 24.] In this light the EU has required all Member States to establish 'bodies' to assist victims of racial and ethnic discrimination, to conduct surveys about the forms and prevalence of discrimination and to issue reports and recommendations.

This report is the result of a study into the extent to which EU Member States had implemented this provision by the end of 2005. For this purpose a questionnaire was send to 25 members of the Network of Experts in the Non-
Discrimination field. International documents like the General Recommendation No 2, issued by the Council of Europe’s European Commission against Racism and Intolerance (ECRI) and the Paris Principles issued by the UN Human Rights Commission, provided useful additional guidelines as to what is necessary for an independent and effective functioning of such bodies.

The European Network of Legal Experts in the Non-discrimination Field http://www.non-discrimination.net/

European Commission: DG Justice: Tackling discrimination http://ec.europa.eu/justice/discrimination/index_en.htm

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