Equinet is commissioning a study on the sanctions applied in discrimination cases in Europe and their effects. The study will build on previous research in the field and it will, as a starting point, examine and compare relevant sources of EU and international law and their provisions on sanctions and remedies. This will be complemented by an analysis of trends and good practices in leading case law from international, EU and national courts and national equality bodies. The study will conclude with observations on the effects of the sanctions currently applied in discrimination cases and it will put forward ways in which equality bodies and other actors can contribute to making those sanctions more effective.
Based on the outline as described above, we are looking for someone to:
- Conduct a review of relevant literature and case law.
- Conduct a survey of Equinet members to collect their inputs, perspective and information on the topic.
- Conduct interviews with selected equality bodies (at least 6 interviews, observing a geographical balance and a balance in the mandate and competences of the equality bodies) that:
- Litigated in discrimination cases where the level or appropriateness of sanctions was an issue, or
- Decided discrimination cases and applied sanctions as quasi-judicial equality bodies.
- Write a paper which:
- Provides an overview of relevant international, European and national legal sources and leading case law on sanctions and remedies in discrimination cases.
- Provide a typology of sanctions applied in discrimination cases.
- Analyses differences in sanctions.
- Examines the role of equality bodies in promoting and securing effective sanctions and remedies and the challenges they face in this.
- Analyses the problems stemming from inadequate sanctions in discrimination cases including systemic problems that could justify infringement procedures.
- Provides ideas and proposals (including legal as well as policy tools) to increase the effectiveness of sanctions and remedies with particular attention to the potential contribution of equality bodies.
Do you think that you can deliver the above and can you (and your team) demonstrate the following?
- A track record of research work in the field of equality and human rights, and, in particular, in relation to the institutions established in this field.
- Publication(s) in the field of EU equal treatment law.
- Good knowledge of the work of national equality bodies and their diversity.
- Excellent drafting skills in English (the paper is to be produced in English).
If so, then please send a detailed proposal of the suggested approach, methodology and timeline as well as proposed budget and expert CV by Friday 17 April 2015 to the attention of: Anne Gaspard, Equinet Executive Director (firstname.lastname@example.org)
Further information is available in the Terms of Reference.
- TOR Equinet Research on Sanctions
Please contact Tamás Kádár, Equinet Senior Policy Officer (email@example.com) if you have any additional questions or queries.