Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Latraverse, Sophie
• Pages: 98-110

98

7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies designated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

A specialised body has been designated for the promotion of equal treatment ir respective

of racial or ethnic origin according to Article 1 3 of the Racial Equality Directive. It is the

Defender of Righ ts (Défenseur des droits) established by In stitutional Act (loi organique)

No.2011-333 of 29 March 2011 pursuant to Article 71-1 of the Constitution.

It is a nominative institution personified by the individual appointed by th e Council of

Ministers as the Defender of Rights.

b) Political, economic and social context of the designated body

The Defender of Rights is a body that resulted from the merger of pre-existing bodies in

May 2011. It has been recognised for its activism and independence, taking due care to

explain its function within the French institutions as an indep endent advocate of rights

within its domain of competence.

It has made recommendations and made its voice heard before all public authorities,

Parliament and Government, whether in the context of legislative reform, public policies or

arguing the requirements of European Law before the Supreme Courts. Since 2011, it has

taken a firm stand on many policy issues, such as Roma rights, the rights of undocumented

migrants, enforcement of the state of emergency further to the terrorist attacks, reforms

of criminal procedure in relation to combating terrorism, protection of personal data, police

checks, equal pay, rights of transgender people and access to rights.

One can observe a willingness of respondents, public and private, to cooperate and a

continuous progression of requests for interventions by the Defender of Rights from

Members of Parliament, Government and the courts.343

Although the Defender of Rights’ position on specific subjects might n ot always receive

political support, to dat e such disagreements have not had an impact on governance or

given rise to interference from public authorities. There is no evidence of disproportionate

budgetary cutbacks.

Generally, popular debate and authorities are supportive of equality, diversity and the work

of the designated body.

c) Institutional architecture

In France, the designated body forms part of a body with multiple mandates.

The Defender of Rights integrated the former equality body, HALDE, into a new ,

constitutionally independent au thority (Article 2 of the Institutional Act), which merged a

number of pre-existing specialised bodies, from 1 May 2011.

It is competent in respect of all discrimination prohibited by French law and international

conventions ratified by France. As a result of the powers exercised by the former

Ombudsman (Médiateur de la République), the Defender of Rights is competent in matters

relating to illegal and unfair decisions taken by Government services and to the rights and

freedoms of users of public services. This extends the body’s competence to human rights,

public policy an d public services. In addition, it is competent in respect of defending and

343 Defender of Rights (2019), Rapport annuel d’activité 2018 (Annual report 2018), available at:

https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/raa-2018-num-19.02.19.pdf.