Implementation of central concepts

• Author: Kristīne Dupate
• Pages: 9-19

9

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limit s of central concepts of gender

equality law

No surveys or reports have been carried out an d published on the implementation of

gender equality law, including concepts, definitions, etc.

3.1.2 Other issues

It might be claimed t hat the very central concept – the principle of non-discrimination –

has not been implemented correctly in the majority of Latvian implementing legal

documents. The problem lies in the fact that the term ‘prohibition of differential treatment’

is used i nstead of the term ‘principle of non-discrimination’. The term ‘prohibition of

differential treatment’ is an attempt to ‘Latvianise’ the term ‘non-discrimination’, however,

it is not completely correct. The term ‘prohibition of differential treatment’ in its substance

refers to only one prohibited situation under the principle of non-discrimination – different

treatment of persons in similar situations, thus omitting the prohibition of equal treatment

of persons in different situations. Therefore the term ‘prohibition of differential treatment’

reflects only one half of the principle of non-discrimination. In addition, the use of this

term might even lead to an incorrect application of the principle of non-discrimination. The

term ‘prohibition of di fferential treatment’ could be grammatically interpreted in a

nonsensical way, namely, as prohibiting differential treatment of persons in different

situations. Such construction has actually been applied by a national court. It found that

a claim for equal pay was not well-founded because persons performed different work;

however, instead of holding that th ere was no different tr eatment, be cause work s were

different, the nat ional court held that differenti al treatment wa s justified by an objectiv e

reason – the persons performed different work.36

3.1.3 General overview of national acts

The main legal act implementing gender equality rights is the Labour Law.37 This legal

document is applicable to all employees in both the public and the private sector. In

addition, gender equality an d non-discrimination norms provided by the Lab our Law are

applicable to civil servants38 and officials, for example, pe rsons serving in the System of

the Interior;39 militaries;40 and home guards.41 Equal access to employment , apart from

the Labour Law, is guaranteed by the Unemployed and Job-seekers Support Law42 and the

Regulation of the Cabinet of Ministers No. 458 ‘Procedures for Licensing and Supervision

of Merchants – Providers of Work Placement Services’.43

36 Kristne Dupate, ‘Latvijas tiesu prakse diskrimincijas prkpuma liets darba tiesiskajs attiecbs’

(Latvian court practice in discrimination cases in the employment relationships), Latvijas Republikas

Tiesbsargs, 2007, Rga; Kristne Dupate ‘Par atsevišiem jdziena “diskrimincija” nozmes un satura

aspektiem un ldztiesbas nodrošinšanu’ (On several aspects regarding the meaning and substance of the

concept of discrimination), Likums un Tiesbas, 2006.gada decembris, Nr.12 (88), 2007.gada janvris,

Nr.1(89).

37 Darba likums, Official Gazette No. 105, 6 July 2001.

38 The Law on the State Civil Service (Valsts civildienesta likums), Official Gazette No. 331/333, 22 September

2000.

39 The Law on Service in the System of the Interior and Imprisonment System (Iekšlietu ministrijas sistmas

iestžu un Ieslodzjuma vietu prvaldes amatpersonu ar specilajm dienesta pakpm dienesta gaitas

likums), Official Gazette No. 101, 30 June 2006.

40 The Military Service Law Militr dienesta likums, Official Gazette No. 91, 18 June 2002.

41 The Home Guards of the Republic of Latvia Law (Latvijas Republikas Zemessardzes likums), Official Gazette

No. 82, 26 May 2010.

42 Bezdarbnieku un darba mekltju atbalsta likums, Official Gazette No. 80, 29 May 2002.

43 Ministru Kabineta Noteikumi Nr.458 ‘Komersantu – darbiekrtošanas pakalpojumu sniedzju – licencšanas

un uzraudzbas krtba’, Official Gazette No. 108, 6 July 2007.