Compliance and enforcement aspects (horizontal provisions of all directives)
Author | Kristīne Dupate |
Pages | 61-66 |
61
11Compliance and enforcement aspects (horizontal provisions of all
directives)
11.1General (legal) context
11.1.1Surveys and reports about the particular difficulties related to obtaining legal
redress
There are no surveys and reports about the particular difficulties related to obtaining legal
redress.
11.1.2Other issues related to the pursuit of a discrimination claim
Discrimination claims are still rare in Latvia. It might be explained by the fact that, in
general, persons start claiming their employment rights when they are either in the
process of termination of an employment relationship or they have already been
dismissed. In equal pay cases, there are no effective means for access to information on
pay. Also, litigation expenses, including legal aid, might be too expensive for the majority
of the working population. Therefore, it is highly unlikely that the remedies are effective
in practice.
11.1.3Political and societal debate and pending legislative proposals
There is no political or societal debate or pending legislative proposals.
11.2Victimisation
Protection against victimisation is provided by:
-Article 9(1) of the Labour Law;
-Article 31(10) of the Law on the Protection of Consumer Rights;
-Article 21(8) of the Unemployed and Job-seekers Support Law;
-Article 31(4) of the Education Law;
-Article 6 of the Law on Prohibition of Discrimination of Natural Persons – Performers
of Economic Activity.
The Labour Law prohibits victimisation in a general provision prohibiting causing adverse
consequences to any employee who makes use of their rights. According to the findings
of the Supreme Court, such a general prohibition on causing adverse consequences is seen
as a breach of the principle of non-discrimination.172Provisions of the rest of the laws
mentioned, expressly implement the protection against victimisation in cases of
discrimination. All of them provide that it is prohibited to cause directly or indirectly
negative consequences to a person who has used his/her right with a view to protecting
his/her rights not to be discriminated against.
The protection against victimisation complies with the Directives. However, it would be
desirable to implement protection against victimisation also in the field of social security.
There may be numerous situations where individuals suffer from victimisation within the
scope of social security, for instance, in the access to social services provided by the
municipalities. Currently, the Law on Social Security does not provide such protection.
172 Decision of the Supreme Court of 14 November 2017 in case No. SKC-762/2017, point 9.3.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
