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European Equality Law Network

European network of legal experts in gender equality and non-discrimination

Legal developments

Indirect discrimination in access to education- misdiagnosis of Roma child being placed in special classes for children with intellectual disability, segregation of Roma children in education

Proposal to explicitly include protection against discrimination on the ground of sex characteristics, gender identity and gender expression into the General Equal Treatment Act and court decision on registration of an intersex condition

How should courts distinguish between self-employed and employed status for the purposes of the coverage of the Equality Act 2010?

The new approach of the ETA to reach an agreement between parties to a case could lead to more a satisfactory outcome in discriminatory cases than the application of legally stipulated sanctions

Date: 9 July 2018. Topics

Equal treatment in employment training

Date: 9 July 2018. Topics

Access to the profession of doctor in the National Health System without discriminatory treatment on ground of age

The fiscal legislation provides that the spouses are obliged to submit a joint income tax return

Sanctioning by Greece of the Istanbul Convention on preventing and combating violence against women and domestic violence

Danish parliament adopted new law prohibiting face covering in the public sphere

The Human Rights Ombudsman Issues Its Twenty-Third Annual Report

Court case on sexual harassment by an employer. App. No: 556/11, the Industrial Tribunal Limassol.

Date: 12 June 2018. Topics

The new Advocate of the Principle of Equality issues its second annual report

The new Act on Gender-Based Violence and Domestic Violence provides for the substantive articles of the Council of Europe Convention on prevention and combating of violence against women and domestic violence (‘Istanbul Convention’) to be enforceable as part of the Laws of Malta; to promote and protect the right of everyone; to repeal the Domestic Violence Act (Chapter 481 of the Laws of Malta) and the Act on the ratification of the Istanbul Convention (Chapter 532 of the Laws of Malta) and introduces amendments to various laws.

Constitutional Court Ruling on Article 25 of the Animal Protection Act (ZZZiv) in relation to ritual slaughtering

Does the employer need to be aware of the link between disability and less favourable treatment?

MPs and NGOs criticise the new Ombudsman for failing to implement the institution’s equality mandate; and public row with Auditor General

Failure to ensure accessibility to public transportation for persons with disabilities. Politicization of the NCCD Steering Board leading to reversal of solid jurisprudence on accessibility

A new bill on equal pay between women and men was registered in the Congress of Deputies on 24 October 2017. On 22 February 2018 the bill has been submitted by the Congress and it will be discussed over the next months

The Provincial Court of Navarra has ruled that sex without consent is not rape but sexual abuse, unless express and clear violence and intimidation has taken place

Date: 22 May 2018. Topics

Reports on activities undertaken in previous years by the two institutions holding competences in relation to equality and non-discrimination

Judgment of the Labour Court which recognises for the first time that the consequences of a cancer can, in certain circumstances, be constitutive of a disability which compels the employer to provide for reasonable accommodation

The responsibility of the manager to guarantee a working environment without harassment because of ethnic origin

National legislation permitting the dismissal of an employee by reason of absences from work resulting from illnesses linked to his disability produce indirect discrimination

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