OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
9.
The Council of Europe’s European Commission against Racism and
Intolerance (hereinafter “ECRI”) dedicated its General Policy
Recommendation No. 29 to the creation of such anti-discrimination bodies.
The Appendix to General Policy Recommendation No. 2 specifies that such
specialized bodies shall work towards the elimination of various forms of
discrimination set out in the preamble and promote equality of opportunity and
good relations between persons belonging to all the different groups in society.
Furthermore, specialized bodies shall, as far as possible, monitor the content
and effect of legislation and executive acts with respect to combating racism,
xenophobia, antisemitism and intolerance and, if necessary, make proposals
for possible modifications of such legislation. They shall also advise
legislative and executive authorities on how to improve regulations and
practice in this respect, provide aid and assistance to victims, have recourse to
courts, as appropriate and necessary, as well as hear and consider complaints
and petitions on specific cases and seek settlements, either through amicable
conciliation or, within the limits prescribed by law, through binding and
enforceable decisions.
10.
In this context, specialized bodies within the meaning of General Policy
Recommendation No. 2 shall have the powers to obtain evidence and
information. Relevant further competences include, inter alia, promoting and
contributing to the training of certain key groups, promoting the awareness of
the general public to issues of discrimination, and producing and publishing
pertinent information and documents.
11.
Finally, the composition of specialized bodies shall reflect society at large and
its diversity. These bodies shall be independent from the State and it should be
ensured that they operate in a way which is clearly politically independent.
They shall have access to governments and shall receive sufficient information
from governments to enable them to carry out their functions.
12.
Equality bodies are also expressly mentioned in the EU’s equality directives,
namely the Directive on the implementation of the principle of equal
opportunities and equal treatment of men and women in matters of
employment and occupation10, the Directive on the principle of equal
treatment between men and women in the access to and supply of goods and
services11 and the Directive implementing the principle of equal treatment
between persons irrespective of racial and ethnic origin.12 These bodies mainly
focus on the promotion of equal treatment, but also on the analysis, monitoring
and support of equal treatment,13 and should provide independent assistance to
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ECRI General Policy Recommendation No. 2 on Specialised Bodies to Combat Racism, Xenophobia,
Antisemitism and Intolerance at National Level, adopted on 13 June 1997
10
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the
implementation of the principle of equal opportunities and equal treatment of men and women in
matters of employment and occupation, Article 20.
11
Council Directive 2004/113/EC of 13 December 2004 on the on the principle of equal treatment
between men and women in the access to and supply of goods and services, Chapter III.
12
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment
between persons irrespective of racial and ethnic origin, Chapter III.
13
While Council Directive 2000/43/EC focuses only on the promotion of equality, the other two
directives (2004/113/EC and 2006/54/EC) also include analysis, monitoring and support of equal
treatment in the competences of the equality bodies.
8