A public authority has a duty to promote equality, not only as an employer but also in its actual activities as an authority.
In all its activities, a public authority must promote the quality in a targeted and planned way. The authority must also establish and consolidate administrative and operational practices that ensure that equality is promoted in the preparation and decision-making processes. In particular, it must change the circumstances that prevent equality from being attained.
The promotion of equality must also be taken into account in the access to and provision of services by public authorities.
Whom does the obligation concern?
The obligation concerns all actors exercising public authority. This includes ministries, municipalities, wellbeing services counties and various agencies and institutions. The obligation to promote gender equality applies to all sectors and all levels of government. Public authorities also include autonomous legal persons such as universities when they carry out public law functions.
The obligation to act in a way that promotes equality also concerns situations where a public authority's official function is entrusted to another body.
An authority's duty to act
It is not enough for an authority just to act in a non-discriminatory way. Promoting gender equality as part of an authority’s duties is a legal obligation.
The promotion of gender equality must be integrated into preparatory work and must be part of the development of governance. The duty to promote equality also applies to an authority's financial planning. It is essential to balance the needs of different genders in the provision and accessibility of services.
An authority must actively identify any obstacles to equality and take action to eliminate them. It is therefore the responsibility of the authority to gather information on this and to develop its own activities accordingly. In practice, this means anticipating the impact of decisions and replanning them if necessary.