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

• Author: Hoffmann, Tania
• Pages: 35-37

35

7 BODIES FOR THE PROMOTION OF EQUAL 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

The equality body was created by the general discrimination Law of 28 November 2006,

and is called the Centre for Equal Treatment. Its remit relates to all grounds covered by

both directives.

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

The Centre for Equal Treatment is under the auspices of the Chamber of Deputies.

The original budget of the CET in 2008 was EUR 200 000 and this was increased to

EUR 220 000 in 2009. The CET’s budget for 2019 is EUR 87 000. This decrease can be

explained by the fact that the budgetary needs of the body decreased after it was

established.

c) Institutional architecture

The main mandate of the CET is to act as a national equality body.

The CET was also designated as national independent mechanism for the promotion and

monitoring of the Convention on the Rights of Persons with Disabilities by Article 2 of the

Law of 28 July 2011. It exercises this duty in conjunction with the Consultative Commission

on Human Rights (Commission Consultative des Droits de l’Homme – CCDH). There is no

separation between the mandate of the CET as equality body and its mandate as the

UNCRPD monitoring mechanism.

d) Status of the designated body/bodies – general independence

i) Status of the body

The body is a separate body. According to Article 11 of the Law of 28 November 2006, the

CET is governed by a body of five members, including a chairperson, who are appointed

for five years by the Grand Duke on the nomination of the Parliament (Chambre des

Députés) according to their skills in anti-discrimination matters. The functions of members

of the CET are incompatible with the office of member of the parliament, member of the

State Council or member of the Government.

Once a year, a report must be submitted to the Government and to Parliament.

Funding comes from the general state budget. Since 2018 the body has been accountable

to the Parliament. The Centre for Equal Treatment has two employees. There has been no

discussion on increasing financial support for the CET.

The Centre for Equal Treatment adopts its own rules of procedure, which define its internal

organisation, function and working procedures.

ii) Independence of the body

According to Article 9 of the Law of 28 November 2006, the CET carries out its functions

independently. This independence exists in practice.

e) Grounds covered by the designated body/bodies