Goods and services (Directive 2004/113)

• Author: Lídia Hermina Balogh
• Pages: 68-72

68

9 Goods and services (Directive 2004/113)386

9.1 General (legal) context

9.1.1 Surveys and reports about the difficulties linked to equal access to and supply of

goods and services

No surveys or reports are available from the last five years about th e difficulties linked to

access to and supply of goods and services from the gender equality aspect.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

Hungarian legislation does not specifically add ress the issue of gend er equality in the

online environment or digital market, but the general provisions (on equal treatment

between men and women in the access to and provision of g oods and services) are

intended to be adequate for these spheres as well. However, there is no case law in this

field.

9.1.3 Political and societal debate

There have been no political or social debates, and there are no pending legislative

proposals on goods and services and the issues of gender equality.

9.2 Prohibition of direct and indirect discrimination

Prohibition of direct and indirect discrimination on grounds of sex in access to and the

supply of goods and services is provided by the Equal Treatment Act. 387

9.3 Material scope

The material scope, as provided by the Equal Treatment Act, is similarly wide, but worded

differently compared to the specification in Article 3 of Directiv e 2004/113: th e principle

of equal treatment must be observed in all public services, including public and higher

education, social care, child welfare, healthcare services, public utilities, (etc.). Private

services are also covered by the provision if they concern offers and calls for offers

(tenders) presented to the public (preliminarily undefined persons), and if they concern

services that are provided and goods that are sold at premises open to the public.388

9.4 Exceptions

The national law has not explicitly applied the exceptions from the material scope

regarding the content of the media, advertising, and education, as provided by Article 3(3)

of Directive 2004/113.

386 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,

European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

387 Act CXXV of 2003 on Equal Treatment and the Promotion of the Equality of Opportunities (2003. évi CXXV.

törvény az egyenl bánásmódról és az esélyegyenlség elmozdításáról), 28 December 2003, Articles 8-9.

388 Act CXXV of 2003 on Equal Treatment and the Promotion of the Equality of Opportunities (2003. évi CXXV.

törvény az egyenl bánásmódról és az esélyegyenlség elmozdításáról), 28 December 2003, Articles 4-5.