Along came a spider...

8.1. Introduction

8.1.1. Why do We Need Equality Bodies?

8.1.2. The Broad Range of European Equality Bodies

8.2. Single or Multiple Equality Bodies?

8.EC.1. BD Jacobsen and EO Rosenberg Khawaja, Legal Assistance to Individuals. Powers and Procedures of Effective and Strategic Individual Enforcement
8.UK.2. C McCrudden, The contribution of the EU Fundamental Rights Agency to Combating Discrimination and Promoting Equality

8.3. Overview of Models for Intervention

8.3.1. Ombuds

8.3.1.A. Sweden

8.SE.3. The Swedish Disability Ombudsman Act of 9 June 1994

8.3.1.B. Other Countries

8.3.1.C. Significant Difference

8.3.2. Commissions

8.3.2.A. Overview

8.3.2.B. Examples of Diversity in Commissioners

8.4. Legl Norms for Enforcement Bodies

8.4.1. International Norms

8.4.1.A. The Paris Principles

8.UN.4. Office for the United Nations High Commissioner for Human Rights, Principles relating to the status and functioning of national institutions for protection and promotion of human rights

8.4.1.B. Wider Application of The Paris Principles

8.4.1.C. ECRI Recommendations for European Equality Bodies

8.4.2. Requirements for Equality Bodies under European Law

8.4.2.A. Introduction

8.EC.5. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

8.4.2.B. Minimum Standards

8.EC.6. Council Directive 2002/73/EC of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions

8.4.3. Criticisms of EU Requirements

8.4.3.A. General Comments

8.4.3.B. The Racial Equality Directive

8.EC.7. C O’Cinneide, The Race Equality Directive as a Basis for Strategic Enforcement

8.5. Functions

8.5.1. Legal Casework

8.5.1.A. Provision of Legal Assistance to Victims

8.EC.8. BD Jacobsen and EO Rosenberg Khawaja, Strategic Enforcement: Powers and Competences of Equality Bodies
8.EC.9. BD Jacobsen and EO Rosenberg Khawaja, Legal Assistance to Individuals: Powers and Procedures of Effective and Strategic Individual Enforcement
8.IE.10. N Crowley, Equality Authority, Annual Report 2004

8.5.1.B. Mediation

8.EC.11. European Commission, Specialized bodies to promote equality and/or combat discrimination. final report
8.EC.12. European Commission, Specialized bodies to promote equality and/or combat discrimination. final report

8.5.1.C. Taking Action in its Own Name

8.BE.13. Belgian Act of February 15, 1993 pertaining to the foundation of a centre for equal opportunities and opposition to racism
8.BE.14. Centre for Equal Opportunities and Opposition to Racism, Report: Fighting Racism in Belgium. civil Actions brought in 2000
8.IE.15. Irish Employment Equality Acts 1998 to 2004
8.GB.16. House of Lords, 3 March 1994, R v Secretary of State for Employment ex parte Equal Opportunities Commission and another. part time workers rights to claim redundancy payments

8.5.1.D. Interventions

8.GB.17. Queen’s Bench Division, 30 July 2004, Burke v General Medical Council. guidance on the withdrawal of artificial nutrition and hydration
8.IE.18. E Barry, Interventions and Amicus Curiae Applications. Making Individual Enforcement More Effective
8.IE.19. E Barry, Interventions and Amicus Curiae Applications. Making Individual Enforcement More Effective
8.IE.20. E Barry, Interventions and Amicus Curiae Applications. Making Individual Enforcement More Effective
8.BE.21. Belgian Act of February 25, 2003 pertaining to the combat of discrimination and to the amendment of the Act of February 15, 1993 pertaining to the foundation of a centre for equal opportunities and opposition to racism
8.FR.22. French Act No 2004-1486 dated 30th December 2004 concerning the creation of the high authority against discrimination and for equality
8.FR.23. French Act No 2006-369 of 31 March 2006 on equality of opportunity

8.5.1.E. Situation Testing

8.EC.24. I Rorive, Situation tests in Europe: myths and realities
8.HU.25. Hungarian Government Decree 362/2004 (XII 26) Korm on the Authority of Equal Treatment and the Detailed Rules of its Procedures
8.FR.26. French Act No 2006-369 of 31 March 2006 on equality of opportunity
8.EC.27. O de Schutter, Methods of Proof in the context of combating discrimination

8.5.2. Quasi-Judicial Functions

8.UN.28. Office for the United Nations High Commissioner for Human Rights, Principles relating to the status and functioning of national institutions for protection and promotion of human rights

8.5.2.A. The Netherlands

8.NL.29. J Goldschmidt, Implementation of Equality Law: a task for specialists or for human rights experts?
8.EC.30. European Commission, Specialized bodies to promote equality and/or combat discrimination. final report
8.NL.31. Equal Treatment Commission. The Difference Made. Evaluation of the Equal Treatment Act and the Activities of the Equal Treatment Commission, 1999–2004
8.NL.32. Supreme Court, 13 November 1987, St Bavo v Gielen. role of a commission decision in an equal pay case
8.NL.33. Equal Treatment Commission. The Difference Made. evaluation of the Equal Treatment Act and the Activities of the Equal Treatment Commission, 1999–2004

8.5.2.B. Ireland

8.5.3. Investigations and Inquiries

8.EC.34. M White, Formal Investigations and Inquiries
8.EC.35. M White, Formal Investigations and Inquiries
8.GB.36. R Karim, A Legal Strategy to Combine and Coordinate Different Tools available
8.NL.37. Equal Treatment Commission, Equality law and the work of the Dutch Equal Treatment Commission
8.SE.38. The Office of the Ombudsman against Discrimination on Grounds of Sexual Orientation, Report 2005

8.5.4. Research and Reports

8.EC.39. N Reuter, T Makkonen, O Oosi, Study on Data Collection to measure the extent and impact of discrimination in Europe

8.5.5. Making Recommendations to Government

8.NL.40. Equal Treatment Commission, Equality law and the work of the Equal Treatment Commission in the Netherlands

8.5.6. Promoting Good Equality/Practice

8.NL.41. Equal Treatment Commission, Equality law and the work of the Equal Treatment Commission in the Netherlands
8.NL.42. Equal Treatment Commission, Equality law and the work of the Equal Treatment Commission in the Netherlands

8.5.7. Positive Duties to Promote Equality

8.EC.43. L Griffiths, Positive Duties to Promote Equality

8.6. Protection of Independence

8.6.1. Independence from Government

8.UN.44. Office for the United Nations High Commissioner for Human Rights, Principles relating to the status and functioning of national institutions for protection and promotion of human rights
8.EC.45. European Commission, Specialized bodies to promote equality and/or combat discrimination
8.SE.46. Swedish Report on coherent discrimination legislation
8.EC.47. European Commission, Specialized bodies to promote equality and/or combat discrimination
8.CoE.48. European Commission against Racism and Intolerance, Third report on Italy

8.6.1.A. United Kingdom

8.UK.49. UK Parliament, Joint Committee on Human Rights, Commission for Equality and Human Rights: the Government’s White Paper, 16th Report of Session 2003–2004
8.UK.50. UK Parliament, Joint Committee on Human Rights, 4th Report of Session 2005–2006
8.GB.51. Equality Act 2006

8.6.1.B. The Netherlands

8.NL.52. Dutch Equal Treatment Act 1994

8.6.1.C. France

8.FR.53. French Act No 2004-1486 dated 30 December 2004 concerning the creation of the high authority against discrimination and for equality

8.6.1.D. Ireland

8.IE.54. Irish Employment Equality Acts 1998 to 2004

8.6.1.E. Hungary

8.HU.55. Hungarian Government Decree 362/2004 (XII 26) Korm. on the Authority of Equal Treatment and the Detailed Rules of its Procedures

8.6.2. Independence from other Sources of Influence

8.SE.56. K Linna, The role of specialised bodies and of trade unions

8.7. Comparative Analysis