On Tuesday, 7 May 2024, the Council of the European Union adopted two Directives aimed at strengthening national equality bodies, which in Croatia are the institution of the Ombudswoman, as the central body tasked with combating discrimination, and the institutions of the special ombudswomen. These Directives are expected to enable these bodies to combat discrimination more effectively and to provide stronger support to citizens in exercising their rights. Their adoption also represents a significant step forward in the more effective implementation of EU legislation aimed at combating discrimination and achieving equality.
By adopting the Council Directive on standards for equality bodies and the Directive of the European Parliament and the Council on standards for equality bodies regarding equal treatment between women and men and their equal opportunities in matters of employment and occupation, minimum legally binding standards have been established concerning the mandates, independence, and effectiveness of equality bodies, including sufficient resources, appropriate powers, and accessibility to citizens.
EU Member States are now legally required to guarantee that equality bodies operate independently of external influence. This includes safeguards regarding their organisational structure, mandate, budget, staffing, and operational autonomy. Member States must also provide sufficient human, technical, and financial resources for these bodies to carry out their functions effectively.
The Ombudswoman, Tena Šimonović Einwalter, made a significant contribution to the process of drafting, creating, and adopting these Directives. As early as 2008, she worked on the provisions of the Anti-Discrimination Act concerning equality bodies in Croatia. Drawing on her 16 years of practical experience in combating discrimination at the national level, including through her work at the Ombudswoman’s Office as the central equality body in Croatia, she advocated for and worked on the adoption of standards for equality bodies at the European level.
As a member of the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, the Ombudswoman led the ECRI Working Group that, during 2016 and 2017, drafted the Revised General Policy Recommendation No. 2 (GPR2) with detailed recommendations to Member States on how to strengthen equality bodies, particularly stressing the need for their independence. GPR2 notably influenced the adoption of the European Commission Recommendation on standards for equality bodies in 2018, as well as the 2022 proposals for the two future Directives.
The Ombudswoman Šimonović Einwalter also contributed to the creation and adoption of these Directives as the long-standing Chair, serving three terms (2017–2023), of the Executive Board of Equinet, the European Network of Equality Bodies, which brings together 47 such institutions from 37 European countries. During that period, representing Equinet, she advocated for the adoption of the European Commission Recommendation on standards for equality bodies and, after its adoption in 2018, on securing legally binding standards through the adoption of the Directives.
This process unfolded in several phases, first through active participation in the drafting of the proposals for the Directives presented in December 2022 by the European Commission, and then during the negotiations by Member States within the Council’s Working Party on Social Questions. At the same time, at the national level, she acted as the Ombudswoman, the head of the central equality body in Croatia. Since 2019, she has also coordinated Equinet’s project on standards for equality bodies, initially aimed at advocating for the strengthening of their role and independence through the adoption of legally binding EU standards, and more recently at developing indicators for specific segments of the standards. Finally, during her Equinet Presidency, she contributed to the adoption of these Directives through cooperation with the European Parliament and MEPs.
The adoption, but also the effective implementation of the two Directives, is expected to significantly improve efforts to combat discrimination and promote equality throughout the EU, including in Croatia. The adopted Directives can be found here and here.