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European Equality Law Network

European network of legal experts in gender and non-discrimination

Legal developments

In order to harmonise national legislation with international documents (primarily with United Nations Convention on the Rights of Persons with disabilities and the Optional Protocol to the Convention) as well as to improve anti-discriminatory legal framework on protection of persons with disabilities, Montenegrin Parliament adopted the new Law on Prohibition Against Discrimination of Persons with Disabilities on 26 June 2015.

Whether conditions of access to social housing as defined in municipal decree amount to indirect discrimination based on ethnicity

To sanction the failure to respect the disability quota under the Persons with Disability (Employment) Act

On 21 May 2015, the Slovak Parliament adopted a new Civil Dispute Act. The Act will have impacts on proceedings concerning alleged violations of the principle of equal treatment. The Act will come into effect on 1 July 2016.

On 30 June 2015, the Slovak Parliament adopted an amendment to the Schools Act that contains various provisions allegedly aimed at de-segregation of Roma children in education. However, the content of the provisions adopted and the collisions with other provisions that still exist in the Slovak legal order generate confusions and show no real potential for de-segregation of Roma children.

Municipal policy passively reducing the number of trailer parks to zero is discriminatory on the ground of race

Supreme Court did not find discrimination in its decision concerning a claim of sexual harassment and mobbing at the Charles University

1. Definition of disability.

2. Obligation to establish reasonable accommodation for persons with disabilities.

3. Whether a national provision entitling a dismissal with a shorter notice period because of sickness related absence is in conflict the Directive 2000/78.

The burden is on the employer to prove that reasonable accommodation imposes a disproportionate burden

A doctor’s view on the duration of an illness is very important when establishing whether an illness constitutes a disability

Date: 4 August 2015. Topics

Change of employment conditions by the employer constitutes a dismissal. The burden of proof with regard to reasonable accommodation is on the employer.

Date: 4 August 2015. Topics

Job assessment for appointing temporary policy inspectors biased towards males

Date: 4 August 2015. Topics

On 9 March 2015, the Labour Tribunal of Mons and Charleroi ruled that the lay-off of an employee suffering from multiple sclerosis constituted direct discrimination and violated the obligation of reasonable accommodation. It convicted the defendant to pay 17.319,48 euro compensation for damages corresponding to six months’ salary.

On 18 May 2015, the Labour Tribunal of Brussels ruled that the prohibition to wear the headscarf at work did not constitute discrimination on the ground of religion or belief. The Labour Tribunal referred to previous similar decisions of the Labour Courts of Appeal of Brussels and Antwerp.

Amendment of Criminal Code concerning abortion

On 17 March 2015, the Labour Tribunal of Antwerp ruled that an employer who sent offensive emails on the religion of his employee did not discriminate against him. According to the Tribunal, the applicant failed to prove that he had been treated differently from the other employees because of the offensive emails.

Extension of the entitlement of fathers to child birth related leaves; In the case of self-employed persons changing  the the prerequisites to receive chid related benefits

Gender discrimination in access to promotion

Date: 4 August 2015. Topics

Ombudsman concludes that municipal decrees aiming to drive indigent families (most of them Roma) out of the city or to prevent them from moving in are discriminative. Other serious violations are also discovered in relation to the practice of social housing in Miskolc. 

Draft regulation on sex-disaggregated data collected by employers

Changing the provisions on reconciliation of work and family life

Discrimination against Roma in an Example of Legal Opinion in Criminal law

Conclusions on the implementation of the Recommendations in Respect of Italy subject to Interim Follow-up

Date: 4 August 2015. Topics

Report assesses how Scandinavian countries treat migrants from Romania (Roma), and their consequences

Discrimination at school for several acts of direct discrimination and harassment

Date: 27 July 2015. Topics

Extend the protection against discrimination to anti-poor exclusion

Date: 27 July 2015. Topics

Enforce the many decision of the Conseil d’Etat and the UN Human rights Committee declaring the legal regime applicable to Traveller

Creation of a class action specific to anti-discrimination legal actions

Date: 27 July 2015. Topics

Scope of the obligation of neutrality and applicability towards mothers on school field trips

Supreme Court precedent on the interpretation on Penal Code provisions on employment discrimination

Equality body Annual report for 2014

Date: 27 July 2015. Topics

Political aim to split the various functions of the national equality body into separate bodies

Date: 27 July 2015. Topics

An Act to regulate the compulsory addition of one member with Disability to various entities which are governed by Maltese Law

On 24 March 2015, the Slovak ombudswoman presented her annual report to the Parliament, touching upon some aspects of discrimination of Roma children in education, and upon barriers the elderly face when wanting to access social services. The ombudswoman also reiterated her concerns connected to the underfunding of the ombudsperson’s office.

The Parliament appoints the new Equal Opportunities Ombudsperson more than 2 years after the mandate of the previous one expired

The municipality of Rome has been condemned for the discriminatory housing policy of Roma camp named “La Barbuta”

Date: 27 July 2015. Topics

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