Compliance and enforcement aspects (horizontal provisions of all directives)

AuthorGenoveva Tisheva
11 Compliance and enforcement aspects (horizontal provisions of all
11.1 General (legal) context
11.1.1 Surveys and reports about the particular difficulties related to obtaining legal
There are no specific surveys and r eports about particular difficulties for obtaining legal
11.1.2 Other issues related to the pursuit of a discrimination claim
There are no other issues to mention in this context, other than the ones mentioned
already in this report.
11.1.3 Political and societal debate and pending legislative proposals
There are no important pu blic debates on this particular issue or an y pending legislative
11.2 Victimisation
Victimisation is considered to be a form of discrimination, according to Article 5 of the Anti-
Discrimination Law. Persons wh o have, or are supposed t o have, instigated an action
against discrimination, or those who intend to instigate such an action, are explicitly
protected against discrimination. Persons related to such persons are also protected.
Persons wh o have refused to discriminate are also protected from victimisation. This is
according to the definition provided in the Additional provisions of the law (paragraph 1
p. 3).
11.3 Access to courts
11.3.1 Difficulties and barriers related to access to courts
There are no particular difficulties or barriers related to access to courts.
All persons whose rights have been violated have access to the courts (with the application
of the Civil Procedural Code CPC) or to the Commission for Protection from Discrimination
(with the application of the special procedu re under the special law, the Administrative
Procedural Code and the CPC). Compensation can only be awarded by the courts. Article 71
of the LPFD stipulates that each person whose rights have been violated under this law or
other laws on equal treatment has the right to instigate a claim before the district court in
order to: identify the violation; order the defendant to disc ontinue the breach and to
restore the situation, as well as to refrain from violations in the future; and award
compensation for damages.
Difficulties in access may be present in cases where the person discriminated against first
resorts to the Commission to confirm the act of discrimination and, in such cases, despite
the right to refer to the courts for compensation, this is often not sought or the procedure
encounters obstacles. There are general obstacles related to seeking compensation for
damages due to acts of discrimination questions of evidence and proof, with low amounts
of compensation, if any.
A positive element in the court procedure is the possibility for trade unions and civil society
organisations to join the procedure as interested parties or to initiate a discrimination case
on behalf of a person who has been discriminated against. When the rights of many

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