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European Equality Law Network

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

Legal developments

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.

Exclusion of female cleaners from the possibility to be transferred to another branch of a private bank resulted in the termination of their employment contract

Date: 20 February 2019. Topics

The provision of the ’4 Plus’ retirement benefits only to mothers under the new Act on Parental Supplementary Benefit of 31 January 2019, discriminates men and strengthens the stereotypical division of social gender roles.

“Good Friday” as a public paid holiday only for members of certain religious groups constitutes discrimination

New rights-based legislation replaces the Integration of Persons with Disabilities Act

Proposed law on anti-discrimination is blocked in Parliament by both MPs from parties in power and from opposition MPs

The Supreme Court reverses trial Court decision about the legality of an age restriction in a disability welfare scheme

Draft amendments to the law on family violence of 2005, do not comply to the Istanbul Convention

New laws to prevent and dismantle ghettos and parallel societies in Denmark

The ruling of the Constitutional Court in the field of migration lays the foundation for the recognition of the rights of same-sex couples and explicitly adds the grounds of sexual orientation as an integral part of the Constitutional Equality clause

Higher roof for payments during maternity/paternity leave

New Danish Act requires individuals to shake hands with a Danish official to obtain citizenship

The independent mechanism for the implementation of the CRPD delivers two conflicting decisions on complaints for disability discrimination in education

Date: 21 December 2018. Topics

Rejection of applicant wearing a headscarf

Government proposal to reform the article of the Spanish Constitution, regarding the rights of persons with disabilities

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