Sensitive or controversial issues

AuthorIrma Baraku
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
11.2 Other issues of concern
The Law on protection from discrimination has to be amended regarding th e following
- 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
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.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT