Sensitive or controversial issues

• Author: Irma Baraku
• Pages: 86-91

86

11 Sensitive or controversial issues

11.1 Potential breaches of the directives at the national leve l

There are still some outstanding issues that need to be addressed:

- An a mendment to the LPD is required to shift the burden of proof in proceedings

before the Commissioner for Protection from Discrimination. As Article 10(1) of

Directive 2000/78/EC and Articl e 8(1) of Directive 2000/43/EC require a reversal of

the burden of proof before a court or other competent authority, the author is of

the opinion that expressly providing for a reversal of the burden of proof during

proceedings before the CPD will guarantee full implementation of th e directives.

- Amendment of Article 12 of the Code of Civil Procedure regarding the s hifting of the

burden of proof in cases of discrimination in the private s ector outside employment

is needed in order to fulfil the requirements of the two directives, as mentioned

above.

11.2 Other issues of concern

The Law on protection from discrimination has to be amended regarding th e following

issues:

- to provide a standalone definition of discrimination, which is not related to the

fundamental rights;

- to provide d efinitions of the protected grounds, such as nationality (in the sense of

citizenship) and other forms of discrimination, including segregation and

multiple/inter-sectorial discrimination;

- to provide procedures regarding the power to put conciliation procedures into

practice.

The Law on social housing should add ‘age’ to the list of protected grou nds.

The La w on the pre-university education system should include ‘philosophical beliefs’ in

the list of protected grounds.