Implementation of central concepts

AuthorKristīne Dupate
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,
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
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.

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