Sensitive or controversial issues
Author | Durbáková, Vanda |
Pages | 103-105 |
103
11SENSITIVE OR CONTROVERSIAL ISSUES
11.1Potential breaches of the directives at the national level
-The protection against discrimination guaranteed under the Anti-discrimination Act is
only provided in connection with ‘rights of persons provided for under special laws’.
This is the problem that in some areas (like social advantages, access to goods and
services) the rights of the persons would be providedby generally binding legal
enactments other than laws (for example, Government decrees, ministerial
ordinances, generally binding ordinances of self-governing bodies or municipalities
etc.). See mainly sections 2.4(b) and 3.2.7 above for further details.
-The definition of harassment raises a few questions regarding full compliance with
the directives. See section 2.4 for more details.
-The judicial interpretation of indirect discrimination is not in compliance with
interpretation given by the CJEU case law. See section 2.3 for more details.
-The definition of disability in labour and social security legislation is very restrictive
compared to the definition developed by the Court of Justice of the EU in Skouboe
Werge and Ring.451 See section 2.1.1 for more details.
-If contract work falls outside legal relations covered by the Labour Code, it is probably
not covered by anti-discrimination provisions. See section 3.2.1 for details.
-Act 417/2013 on Aid in Material Need contains a provision (Section 10 (3)) that
reduces the payment of the allowance in material need for each adult person who
does not carry out some kind of ‘work in the public interest’ or similar works in
amount of at least 32 hours per month. The provision appears to be indirectly
discriminatory on the ground of ethnicity (against the Roma). See section 3.2.6 for
more detail.
-Act 383/2013 on Childbirth Allowance and on Allowance for More Concurrently Born
Children clearly appears to be discriminatory towards Roma women. See section
3.2.7 for more details.
-Section 4 (3) of Act 571/2009 on Laws on Parental Care Allowance and Article 12a of
Act 600/2003 on Child Allowance appear to be discriminatory towards Roma. See
section 3.2.7 for more details.
-The conditions of job termination for university professors (when they reach 70 years
of age) and for judges and prosecutors (when they reach 65 years of age) are very
likely in conflict with CJEU case law. See sections 4.6.4(c) and (f) of this report for
more details.
-The way in which the courts have dealt so far with cases where financial
compensation for non-pecuniary damage was sought indicates that, with regard to
this type of compensation, the sanctions are not effective, proportionate and
dissuasive. See section 6.5(c) for more details.
-The segregation of Roma children in education remains a very serious problem and
state authorities fall short in addressingiteffectively. See section 3.2.8 for further
details.
-Act 308/1991 on Freedom of Religious Belief and the Status of Churches and Religious
Societies may be discriminatory on the ground of religion for members of certain
religions or religious societies, since it significantly advantages registered churches
and religious societies with regard to the legal and economic environment in which
they operate. See section 2.1.1 for more details.
11.2Other issues of concern
The key issues of concern with regards to the implementation and practical application of
the anti-discrimination directives on the national level are the following:
451 CJEU, Joined Cases C-335/11 and C-337/11, HK Danmark, acting on behalf of Jette Ring v Dansk
almennyttigt Boligselskab(C-335/11), and HK Danmark, acting on behalf of Lone Skouboe Werge v Dansk
Arbejdsgiverforening, acting on behalf of Pro Display A/S, in liquidation(C-337/11), judgment of 11 April
2013.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
