Positive action (article 5 Directive 2000/43, article 7 Directive 2000/78)

AuthorIrma Baraku
Pages55-57
55
5 POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive
2000/78)
a) Scope for positive action measures
In Albania, positive action is pe rmitted in national law in respect of an open-ended list of
grounds, including race, ethnicity, religion or belief, disability, age or sexual orientation.
The Law on pr otection from discrimination (LPD), under Article 11 on Positive actions,
provides that:
A particular temporary measure that aims at speeding up the real establishment of
equality, when the ab sence o f equ ality has been caused by discrimination for any
cause mentioned in article 1 of this law, is considered a positive action an d does not
constitute discrimination according to this law. This measure is interrupted as soon
as the objectives of the treatment and offering of equal opportunities have been
achieved.
In addition to the general provision on positive measures, which does not make a
distinction between grounds and fields, the LPD makes specific provisions in emp loyment
and education.
The chapter of the LPD on protection from discrimination in employment (under Article
12(3)) provides that:
‘The implementation of special and temporary measures, based on the grounds
mentioned in article 1 of this law, for the purpose of speeding up equality in the
field of employment, is not considered discrimination. The implement ation of such
measures can in no case mean maintaining unequal or different standards in a
permanent manner, and the special mea sures are interrupted when the objective of
the offering of equal opportunities and treatment is achieved.
Article 14 places an obligation on the Council of Ministers, the Minister of Labour, Social
Issues and Equal Opportunities124 and the Interio r Minister to take positive m easures to
fight discrimination in connection with th e right to employment su ch as: raisin g
awareness about the law with empl oyees and employers, and establishing special and
temporary policies to encourage equality, on the basis of all the grounds protected by the
LPD. The provision highlights the particular need to encourage equality between men and
women and between fully physical able persons and those who have a disability.
The chapter on protection from discrimination in education states:
‘The implementation of special and temporary measures, based on the grounds
mentioned in article 1 of this law, for the purpose of speeding up equality in
education, is not considered discrimination. The implementation of such measu res
can in no case me an permanently maintaining unequal or different standards, and
these m easures ar e interrupted when the objective of offering equal opportunities
and treatment is achieved.’ (Article 17(4))
Article 18 places an obligation on the Council of Ministers and the Minister of Education
and Science to tak e positive measures to fight discrimination in connection with the right
to education. The provision pays special attention to women a nd girls, minorities,
disabled people and other people who come under the protected grounds. Article 18
indicates the measures that should be implem ented, including: raising awareness about
124 In the Government formed after the general elections of 2017, the ministry responsible is now the Ministry
of Health and Social Protection.

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