Study on sanctions for discrimination on racial/ethnic/religious grounds : final report

This study, based on national desk research, stakeholder interviews, and a participatory event, assesses the regulation and application of sanctions under the Racial Equality Directive (RED) and Employment Equality Directive (EED). The Study examines sanctions for discrimination on ethnic, racial, and religious grounds across all areas covered by the RED and EED. It focuses on sanctions broadly, encompassing penalties, remedies, and other forms of redress. It highlights the diversity of legal frameworks across Member States, where sanctions span civil, criminal, administrative, and labour law. Punitive and compensatory sanctions dominate, while preventive or socio-preventive sanctions are less commonly prescribed and applied. Courts are primarily competent to impose sanctions, though some cases, particularly administrative or employment-related ones, could be handled by other adjudicating bodies in some jurisdictions. Key challenges include outdated legal frameworks, low sanction amounts prescribed and applied, insufficient consideration of some factors in the law and in practice, and procedural barriers. Enforcement and monitoring mechanisms are non-existent or ineffective in some Member States. Data collection and awareness-raising efforts on sanctions remain inadequate. Good practices demonstrate the value of flexible legislation allowing for varied and tailored sanctions, the prescription and application of severe sanctions and forward-looking measures, and consistent sanctioning to ensure fairness and deterrence. Reinforced sanction enforcement mechanisms and procedures and sanction monitoring; as well as the adoption of comprehensive data collection and awareness-raising strategies, could further enhance the effectiveness of sanctions.