Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Nicole Kerschen
• Pages: 56-61

56

11 Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1 General (legal) context

11.1.1 Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no su rveys or reports about the pa rticular difficulties related to obtaining legal

redress but the Centre for Equal Treatment (CET) addressed this issue in its annual activity

reports of 2018 and 2019.

11.1.2 Other issues related to the pursuit of a discrimination claim

There are no other issues related to the pursuit of a discrimination claim.

11.1.3 Political and societal debate and pending legislative proposals

There is no political or societal debate on these issues, except the requests formulated by

the Centre for Equal Treatment in its annual report previously mentioned (see under

11.3.1).

11.2 Victimisation

Regarding victimisation, national equal treatment laws guarantee protection against

adverse treatment for complainants as well a s for witnesses. This applies t o the field of

access to and the supply of go ods and services (Article 10 of the amended Law of 21

December 2007) and to the field of work and employment (Arti cle L. 241-8 LC).

Field of access to and supply of goods and services

According to Article 10(1) and (2) of amended Law of 21 Dec ember 2007, no person can

be subject to reprisals either by the protests or refusals opposed to an act or a behaviour

contrary to the principle of equal treatment or as a reaction to a complaint or any legal

proceedings aimed at enforcing compliance with the principle of equal treatment between

women and men. Likewise, no person can be subject to reprisals for having testified with

regard to such actions or for having recounted them.

Article 10(3) states that ‘any provision or act contrary to (1) and (2) is void ipso jure’.

Field of work and employment

According to Article L. 241-8 Sections 1 and 2 LC, no employee can be subject to reprisals

either by the protests or refusals opposed to an act or a behaviour contrary to the principle

of equal treatment or as a reaction to a complaint within the undertakin g or to any legal

proceedings aimed at enforcing compliance with the principle of equal treatment. Likewise,

no employee can be subject to reprisals for having testified with regard to such actions or

for having recounted them.

Article L. 241-8 Secti on 3 LC states that ‘any provision or act contrary to Sections 1 and

2, and especially any provision violating these provisions, is void ipso jure’. Emergency

court proceedings are foreseen by the law.

11.3 Access to courts

In response to the consultation with stakeholders organised by MEGA in preparation of the

Gender Equality Plan 2019 -2022, the Chamber of Employees (CSL) called for a major