Promotion of Equality and Prevention of Discrimination

Any attempt to address discrimination through litigation must be combined with efforts to prevent discrimination from happening in the first place and promoting equality. Articles 5, 10–13 RED and Articles 7, 12–14 EED are key here. Chapter 6 looks at the role played in this context by state authorities, Equality Bodies, and civil society organizations. As well as the possibility of taking positive action, state authorities have an obligation to disseminate information and raise awareness about legal rights and existing redress mechanisms. Research shows that awareness-raising activities are superficial, insufficient, and are not considered to be high priority by the Member States. This is an unacceptable situation in light of the low level of awareness in particular of support structures in place in the different countries. The task is sometimes (by law or in practice) delegated to Equality Bodies, which also have to fulfil an advisory role to the government. In countries with a predominantly tribunal-type Equality Body, these bodies, faced with financial constraints, tend to prioritize their decision-making function. When it comes to the dialogue with civil society organizations, a state obligation under the Directives having the purpose of increasing the effectiveness of national policies and awareness raising, the research has shown that the opportunities for NGOs to engage in a constructive dialogue with state authorities and to be meaningfully involved in law and policy making are shrinking. The chapter closes with indicators to measure the level of implementation of the respective provisions of the Directives.