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European Equality Law Network

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

Legal developments

Annual report of the Commissioner for Protection of Equality for 2018

New Regulations fixing conditions to adopt positive actions to remedy inequalities based on all grounds covered by the federal anti-discrimination legislation

Permissibility of wearing Islamic headscarf in courtroom

Segregation of Roma children in education / Obligation of public prosecution offices in assessing discriminatory impact of binding municipal regulations

Displaying a swastika flag in a window-opening was found to be harassment on grounds of religion and prohibited in the Non-Discrimination Act

First decisions by the Board of Equal Treatment to conclude discriminatory dismissals because of religion or belief

A discriminatory practice of dismissal of an employee who suffered from multiple sclerosis

Date: 28 March 2019. Topics

Constitutionality of a law extending the entitlement of survivors’ (widower) pensions to men

Paternity Leave, Work-Life-Balance for Parents and Carers

Establishment of a Ministry for Gender Equality (Ministère de l’égalité entre femmes et hommes)

Date: 28 March 2019. Topics

Women’s rights, Gender equality discrimination, Optional Protocol Cedaw Convention

Date: 28 March 2019. Topics

Legislative improvements regarding gender equality Persons with Disabilities Act

The Constitutional Court, on 18 July 2018 decided that the disciplinary penalties against, and dismissal of, a civil servant for wearing a headscarf at a public institution in Ankara was a violation of the freedom of religion and conscience. It also ordered the applicant to be paid a sum of 20 000 Turkish liras (around EUR 3 200) in damages.

Law proposal to introduce measures to reduce the gender pay gap

The dissolution of Parliament and the announcement of early elections implies the withdrawal of the bill which contained a general reform of anti-discrimination legislation and the creation of an independent "Authority for equal treatment and non-discrimination"

Conditions of enforcement emergency order of evacuation of land occupied by Roma families

Annual survey released by the NCCD on attitudes and perceptions of discrimination

District Court the Hague grants compensation for pregnancy discrimination; District Court East-Brabant (‘Oost-Brabant’) rejects discrimination claim

Whether student loan repayment alleviations provided by the government for mothers of at least two children qualifies as discrimination based on sex

Curia ruled in a case on the right to equal pay for equal work that it shall be considered under the anti-discrimination legislative framework, and that the shift of the burden of proof in discrimination cases requires the respondent to prove the absence of causality between the protected characteristic and the suffered disadvantage

Whether harassing municipal practices targeting the Roma population amount to a violation of the Roma victims’ human dignity

Application of rules shifting the burden of proof in employment discrimination cases, especially in situations taking place during probationary period

Report to the UNCRPD Committee from the Danish Institute for Human Rights describing that persons with disabilities generally are in a disadvantageous position when compared to the rest of the population in Denmark

Repeal of the fiscal law provision obliging the spouses to submit a joint income tax return

Stop and search by the police found to be ethnic profiling and direct discrimination prohibited in the Non-discrimination Act

Recognition of non-paid parental leave as working time

Application of the shift of burden of proof in discrimination cases related to employment, especially in situations during probationary period

Whether damages are payable to individual victims of educational segregation to compensate for the disadvantages they suffered as a result of the segregation

Gender equality in access to goods and services

Date: 27 February 2019. Topics

Access of public employees to programmes of post graduate education

Date: 27 February 2019. Topics

New amendment to the Gender Equality Law introduces the professions of equal opportunities expert and equal opportunities specialist and revises the structure of local institutions dealing with gender equality

New amendment of the Gender Equality Law sanctions harassment while lowering the administrative fines for discrimination and harassment on the ground of sex.

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