Implementation of central concepts

• Author: Davulis, Tomas
• Pages: 8-14

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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 such surveys were conducted in Lithuania.

3.1.2 Other issues

In defining maj or concepts, the Lit huanian legislator has tried to remain in line with

relevant European directives. There are only a small number of slight language differences

in transposing the central definitions of the directives, but they are rathe r insignificant.

For example, the Equal Opportunities Act (EOA) provides for the definition of direct

discrimination (Article 2(7) of the EOAWM, Article 2(9) of the EOA). It defines

discrimination as ‘behaviour with the person where ...’ (‘elgesys su asmeniu, kai’ – in

Lithuanian) whereas the Lithuanian translation of the Directive reads ‘Discrimination – it

is when ...’. The national definition further takes the wording from the Art icle 2(1)(a) of

Directive 2006/54/EC. In the definition of ‘indirect discrimination’ ( Article 2(4) of the

EOAWM, Article 2(5) of the EOA) the wording ‘behaviour with the person’ (as in ca se of

direct discrimination) is not used, but instead, the formulation ‘action and inaction, legal

provision or criterion of assessment, apparently neutral provision or practice’ is used. The

legislator further clarifies that they should formally be the same but in the course of their

implementation ‘an actual restriction of rights occurs o r may occur.’ These verbal

deviations from th e directives have not yet been subject to thoroug h assessment by the

courts.

3.1.3 General overview of national acts

In Lithuania the equality legislation, which in fa ct has the specific purpose of transposing

the European legislation, plays the major role in providing the central concepts in the field

of non-discrimination. Therefore, the Labour Code explicitly mentions only the principle of

equality and non-discrimination but leaves it for the equality legislation to define the major

concepts. This situation also leads to some lack of clarity in relation to wh at the outcome

of potential conflict between the Labour Code (which says it shall be considered lex

posteriori and primus inter pares) and equ ality legislation (which ought to transpose EU

directives) could be. For example, the scope of application and the formulation of

exceptions may be regulated differently in those two acts.

3.1.4 Political and societal debate and pending legislative proposals

Currently, there is no political or societal debate and there are no pending legislative

proposals on the central concepts of gender equality.

3.2 Sex/gender/transgender

3.2.1 Definition of gender and sex

The notions ‘gender’ and ‘sex’ are not specifically defined in national legislation. Th ere is

also no case law on the meaning of ‘gender’ and ‘sex’.

Moreover, the notion ‘gender’ has no equivalent in the Lithuanian language. The word ‘sex’

is translated as lytis (sex) but the word ‘gender’ has no specific t ranslation. Instead, th e