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Equality Bodies. By Berit Vegheim, the Civil Rights Foundation Stop Discrimination , Norway. What kind of EB do we have?. Authority Ombud Commission Council Centre of Equality National Human Rights Institution Tribunal. What powers does the EB have?. Litigation powers
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EqualityBodies By Berit Vegheim, theCivil Rights Foundation Stop Discrimination, Norway
What kind of EB do we have? • Authority • Ombud • Commission • Council • Centre of Equality • National Human Rights Institution • Tribunal
What powers does the EB have? • Litigation powers • Legally binding decisions • Sanctions • Non-binding statements • Investigation • Mediation - compulsory
What status does EB have? • Independence stipulated in law • Appointment and accountability • Funding and other resources • Competence
Competence • Representing individuals before court/tribunal • Bringing proceedings in own name • Intervention as third party/support • Intervention as objective expert • Issue legally binding decisions • Impose sanctions • Issue non-binding statements • Give legal advice
Competence • Carry out independent investigations • Conduct mediation – compulsory? • Conduct independent surveys • Publish independent reports • Produce guidelines/codes of practice • Submit consultative statements • Promote equality and awareness raising
Actual access to justice for all That is to judicially enforce our rights on our own initiative and in a self-determined manner, without legal costs, without prejudice and accessibility guaranteed
What kind of EB do we want? • A low threshold enforcement body • Free of charge • Legal assistance • A legally binding decision • An appeal board • Sanctions • Redress
We want standards for EBs • Independence • Powers to take proceedings before the court and to make legally binding decisions • Sufficient resources to ensure legal assistance to victims of discrimination
Active anti-discrimination policy • Build up expertise • Offer information and training • Disclose and document discrimination • Build alliance of NGOs • Lobby for effective laws and EBs • Act as legal advisor or third party • Bring cases/initiate class action
Representing individuals in court • Belgium, Bulgaria • Denmark, Estonia • Hungary, Ireland • Malta, Northern Ireland • Romania • Slovakia, Sweden • UK
Bringing proceedings in their own name • Austria, Belgium, Bulgaria • Czech Republic, Croatia • Denmark, Estonia, France • Hungary, Ireland, Malta, • Netherlands, Northern Ireland, Norway • Poland, Romania • Slovakia, Sweden • UK
Interventions before a court/tribunal • Bulgaria • Czech Republic, Croatia, • Denmark, France • Hungary, Ireland, Malta • Northern Ireland, Norway • Poland, Slovakia, Sweden • UK
Legally binding decisions • Bulgaria • Cyprus • Denmark • Hungary, • Ireland (Tribunal) • Lithuania • Norway (Tribunal) • Romania
Non-binding statements • Belgium • Czech Republic, Croatia • Estonia, France • Germany, Ireland, • Luxembourg, Latvia, Malta • Netherlands, Norway • Slovakia, Slovenia