MAKING EQUAL TREATMENT LEGISLATION WORK FOR

LGBTI PEOPLE

Ilaria Volpe and Niall Crowley

EQUINETTo enable equality bodies to achieve and

exercise their full potential at Member State level by sustaining and developing a networking between and a platform for equality bodies at European level

EQUINET• OBJECTIVES: Enhance skills and capacities of equality body

staff Enhance the strategic capacity of equality bodies Identify and communicate the learning from the

work of equality bodies Enhance recognition for and strategic positioning

of Equinet and member equality bodies

EQUAL TREATMENT LEGISLATION

• Prohibits discrimination, harassment and victimisation

• Allows positive action• Scope• POTENTIAL:Empower people experiencing discriminationLever for people championing equalityStandard set for society

EQUALITY BODIES

• MANDATE:Promote equality and combat discrimination• FUNCTIONS:Quasi-judicial equality bodyPromotional equality body• ISSUESStandards

EQUALITY BODIES• Policy work (informing policy making on the basis of

the experience and expertise of the equality body);• Legal work (dealing with enquiries and providing legal

support or deciding cases);• Work in supporting good practice (guidance and

support to employers and service providers);• Research work (conducting or commissioning surveys

or research projects);• Communication work (informing people who

experience discrimination, duty bearers, and public).

EQUALITY BODIES

Equality bodies are necessary and valuable institutions of social change – Study on equality bodies commissioned by the European Commission

EQUALITY BODIES• POTENTIAL Individual – Enable individuals who experience

discrimination Institutional – Support new policies, procedures

and practices – Build culture of compliance Policy – Influence legislation and policy making Stakeholder – Enable a wider field of actors in

promoting equality and combating discrimination Society – Build culture of rights

FRA SURVEY• 47% of all respondents felt discriminated against

or harassed on basis of being LGBT in the past year

• Younger respondents aged 18 to 24 (57%), lesbian women (55%), and those on low incomes (52%) most likely to experience

• 20% of respondents in employment or looking for a job felt discriminated against in past year

FRA SURVEY• 32% of respondents who had accessed a list of

goods and services felt discriminated against in the past year

• 6% of all respondents were attacked or threatened with violence in the past year

• 19% of all respondents were victims of harassment in the past year.

• Lesbian women (23%) and transgender people (22%) most likely to experience harassment

EQUALITY BODIES AND LGBTI ISSUES SURVEY

• Societal context

• Action to address under-reporting

• Strategy developed by equality bodies

• Tactics employed by equality bodies

• Internal challenges within equality bodies

• Diversity amongst LGBTI people

EQUALITY BODIES AND LGBTI ISSUES SURVEY

• Policy work

• Legal work

• Promotional work

• Research work

• Communications work

EQUALITY BODIES AND LGBTI ISSUES SURVEY

• FACTORS THAT ENHANCE:• Progressive, capable and active LGBTI

NGOs • Positive duties in equal treatment legislation• BARRIERS:• The lack of human and financial resources• The lack of trust in statutory bodies

EQUALITY BODIES AND LGBTI ISSUES SURVEY

• CHALLENGES:Absence of a gender analysis Lack of engagement with intersex peopleLimited engagement with trans peopleThe absence of internal procedures to ensure

a focus on LGBTI issuesGaps in the knowledge about LGBTI issues.

UNDER-REPORTING – FRA SURVEY

• Of those respondents who in the past year had felt discriminated, just 10% had reported the discrimination to the authorities

• Only 22% of the most serious incidents of violence in the past five years were brought to the attention of the police

UNDER-REPORTING – FRA SURVEY

• REASONS: ‘nothing would change’ (59%). ‘not worth reporting’ (44%). ‘did not want to reveal sexual orientation/gender

identity’ (37%). ‘not worth the trouble’ (37%). ‘did not know where to go’ (30%).

UNDER-REPORTING• EQUALITY BODY STRATEGIES:Understand under-reporting.Develop a strategic response to under-

reporting.Relate with NGOs.Build Trust.Seek change in the Equal Treatment

Legislation.

QUESTIONS• WHAT ENGAGEMENT HAVE YOU HAD

WITH EQUALITY BODIES?• WHAT ISSUES EMERGE FROM THIS

CONTACT?• WHAT STEPS ARE NEEDED TO IMPROVE

THIS ENGAGEMENT?• WHAT STEPS ARE NEEDED TO MAKE

EQUAL TREATMENT LEGISLATION WORK FOR LGBTI PEOPLE?