General legal framework

• Author: Biljana Kotevska
• Pages: 9-10

9

2 General legal framework

2.1 Constitution

2.1.1 Constitutional ban on sex discrimination

The nat ional Constitution prohibits sex discrimination. Article 110(1-3), which is on the

competences of the Constitutional Court, provides a legal ground for protecting human

rights and freedoms, including the prohibition of discrimination ba sed on sex.

2.1.2 Other constitutional protection of equality between men an d women

The Constitution addresses equality (Article 9) of all citizens regardless of sex, race, skin

colour, national and social origin, political and religious beliefs, property and social status.

However, it does not have a separate provision on equality between women an d men a s

do some constitutions of the EU Member States (for example, Finland and Germany).

2.2 Equal treatment legislation

North Macedonia has specific equal treatment legislation. Chronologically, the first law

dealing with equality between men and women is the 2006 Law on Equal Opportunities for

Women and Men. This law dealt exclusively with sex and gender discrimination. The

prohibition of sex discrimination was addressed in depth in Articles 3, 4, 5, 7 and 9. The

implementation of this law was lacking, and so were any visible results from it in the field

of gender equality. It was ther efore replaced by a new law with the same title in 2012,

which was intended to enhance the implementation potential by introducing many new

legal obligations. It also transposed three EU Directives: 2002/73/EC, 2000/78/EC and

2004/113/EC. Its adoption procedu re was, howe ver, problematic. The first public

consultation (discussion) took place only after the proposal reached Parliament (there were

no consultations before this). The law was adopted regardless of the many critical

comments and concerns raised during the public consultation.26

The first comprehensive equality and non-discrimination legislation wa s the 2010 Law on

the Prevention of and Protection against Discrimination (also 2010 Anti-discrimination Law,

2010 ADL). Under Article 3, discrimination is prohibited on the following grounds: sex,

race, colour, gender, belonging to a marginalised group, ethnic origin, language,

nationality, social background, religion or religious belief, other types of beliefs, education,

political affiliationз personal or social statusз ‘mental’ and physical impairmentз ageз family

or marital status, property status, health condition, and any other ground protected under

the law or a ratified international treaty.

However, it was highly criticised for several reasons, including the lack of explicit protection

of sexual orientation, the weak position of the equality body and lack of alignment with EU

law with regard to certain equality law institutions, such as the shifting of the burden of

proof.27 In May 2019,28 a new Law on the Prevention of and Protection against

Discrimination was adopted. The text offers definitions that are mostly in accordance with

international stan dards; equ ality beco mes p art of the general definition; the role of the

26 For more on the public debate, the comments and the concerns, please see: EELN (2012), European Gender

Equality Law Review, No. 1/2012, p. 83, available at: https://www.equalitylaw.eu/downloads/2798-

european-gender-equality-law-review-1-2012.

27 Kotevska B., (2016), Analysis of the harmonisation of the national equality and non-discrimination

legislation, OSCE and CPAD.

28 The law was first adopted in March 2019. However, the (then) President Gjorgje Ivanov refused to sign the

act promulgating the law because it carried the new name of the country, North Macedonia, to which he

was opposed. He therefore used his constitutional right to veto and returned the laws to the Parliament. In

the meantime, presidential elections took place and a new president was elected – Stevo Pendarovski. The

Parliament adopted the law for a second time and, after President Pendarovski signed it, it was published in

the Official Gazette on 22 May 2019.