Implementation of central concepts

• Author: Biljana Kotevska
• Pages: 11-24

11

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limits of central c oncepts of gender

equality law

A 2015 study of the harmonisation of the national legislation on equality and non-

discrimination found a clear lack of harm onisation of the national legislation with

international standards, and of the other national laws and bylaws with the comprehensive

ADL, such as issues with th e definitions of several central concepts, including indirect

discrimination and the shifting of the burden of proof.31 This analysis was used in th e

process of preparing the 2019 ADL. The issues raised there were addressed in th e newly

adopted ADL. A 2019 study by Reactor – Research in Action, a think -tank focused on

gender equality issues, confirmed these findings regarding issues with the central concepts

and also noted that these will be largely addressed by the new ADL.3 2

3.1.2 Other issues

The notion of ‘sex’ under the law within the c oncept of pregnancy and birth is limited to

women. The law does not in any instance extend to cover pregnant men or men that have

given birth, thus excluding transgender persons.

No other issues, save the ones outlined under 3.1.1, have been identified. There have been

no differing interpretations among the various institutions shaping the general cont ext.

3.1.3 General overview of national acts

The general legislation on gender equality is the Law on Equal Opp ortunities for Women

and Men adopted in 2012 (G ender Equality Law, GEL).33 It was preceded by the 2006 act

with the same title. The 2006 law was considered too weak in terms of potential for

effective implementation, in particular because of the weak in stitutional and enforc ement

provisions. It was replaced with the enhanced 2012 law. This law defines equal

opportunities for women and men, equal treatment, discrimination on grounds of sex,

direct and indirect discrimination, harassment and sexual harassment, full equal ity of

women and men, equal representation, and gender mainstreaming .

The Anti-discrimination Law regulates direct and indirect discrimination (Article 8),

incitement, encouragement and instruction to discriminate (Article 9) and harassment and

sexual harassment (Article 10). Positive action is also part of t he ADL, as a measure or

action that will not be considered to be discrimination (Article 7).

The Labour Law was ad opted in 2005 and amended many times since (Labou r Law). It

regulates labour relations between workers and employers in the public an d the private

sphere, self-employm ent, and full-time and part-time working arrangements. The law

contains several defin itions of main concepts of gender equality law, including direct and

indirect discrimination, harassment, sexual and psychological harassment, and

discrimination on grounds of pregnancy, giving birth and parenthood. 34

3.1.4 Political and societal debate and pending legislative proposals

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

legislation, OSCE and CPAD.

32 Leshoska, V. et al (2019), Gender-based discrimination and labour in North Macedonia, Reactor - Research

in Action, available at: http://reactor.org.mk/CMS/Files/Publications/Documents/kwn-

final14.pdf?fbclid=IwAR3LEdGHItbwse6tuPGkHN-oS3LSsr2vSWSpCuUjN1LmsmAkng122dehoKw.

33 Gender Equality Law, 2012. Full title: Law on Equal Opportunities for Women and Men, Official Gazette of

the Republic of Macedonia, 6/2012, 30/2013, 166/2014, 150/2015.

34 Labour Law, 2005, Articles 7, 9, 9a and 9b.