Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Genoveva Tisheva
• Pages: 75-80

75

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 specific surveys and r eports about particular difficulties for obtaining legal

redress.

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

proposals.

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