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European Equality Law Network

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

Legal developments

Royal Decree 950/2018, of 27 July 2018, has applied the judgment of the CJEU of 9 November 2017, C-98/15 (Espadas Recio Case) and has, accordingly, modified the social security legislation so part-time workers have the right to the unemployment benefit taking into consideration the days that they have contributed to the social security system, and not only the days that they have effectively worked.

Fixed-term contracts for the young unemployed

Indirect discrimination / Obligations of public prosecutor offices when assessing discriminatory impact of municipal binding regulations

On 30 August, the UN Committee on the Elimination of Racial Discrimination published Concluding Observations on the combined report by Latvia. The observations pay special attention to the collection of statistics, NHRI, anti-discrimination legislation and its enforcement, hate crimes and hate speech, access to justice, non-citizens and the situation of Roma

2017 Annual Report of the Ombudsperson for Gender Equality discussed and approved in the Croatian Parliament

Date: 28 September 2018. Topics

Unclear impact of the changes on equal treatment of men and women in social security

Date: 28 September 2018. Topics

Liechtenstein’s Administrative Court applied to the Constitutional Court for annulment of a legal provision in the granting of a residence permit to the de facto civil partner on the grounds that this provision violates the principle of constitutional equality and is not compatible with Article 8 ECHR in conjunction with the prohibition of discrimination under Article 14 ECHR

Adoption of legislation on equal treatment in the labour market irrespective of race, ethnic origin, religion/belief, disability, diminished work ability, age, sexual orientation and gender identity, biological gender characteristics and gender expression

Direct discrimination in recruitment

Date: 17 September 2018. Topics

Non-conformity of the decision of the plenary assembly of the Court of Cassation in relation to the dismissal of a child care director for wearing the Islamic veil to the International Covenant on Civil and political right

New housing policy for Roma to ensure non-discrimination and the enjoyment of their cultural rights

Discriminatory treatment against a person by reason of his/ her origin on behalf of the Greek Manpower Organisation for Employment

Did termination of a recruitment process due to the female applicant’s refusal, for religious reasons, to shake hands with the male manager during a job interview constitute indirect discrimination?

The ‘Family 500 plus program’ discourages women from engaging in work and disadvantages single parents, disproportionately affecting women

The City Council in Nysa adopted a resolution which provided for a privilege in receiving so-called ‘care vouchers’, among others to children from married families and families in which only one parent works

Complaint on preventing a mother who was breastfeeding in public. Amended Law Article 99B of the Criminal Code.

Date: 8 August 2018. Topics

The Non-Discrimination and Equality Tribunal considered it discrimination when a credit company refused to grant credit based on the combined effect of applicant’s gender, language, age and place of residence

Burkini ban in swimming pools is unlawful according to two first instance judgments of the Tribunal of Gent

Is the obligation to disclose the cause of disability (including mental) when applying for the job justifiable?

The administration of an aqua park in Wrocław decided that during one day in a week the sauna area will be open to women only

Different pricing for women and men may be regarded as violation of the principle of equality in the light of directive 2003/114

Date: 8 August 2018. Topics

Collaboration, exchange of information and good practices between the National Labour Inspectorate and the National Equality Adviser

Date: 8 August 2018. Topics

Various legislative proposals regarding gender equality are currently being debated in parliament

Date: 8 August 2018. Topics

Balance between the prohibition of discrimination and freedom of thought, beliefs and views as well as economic freedom and freedom of transactions

The new minister for labour and social affairs plans to introduce a “family package”

Date: 24 July 2018. Topics

Act No. 310/2017 Coll., amending Act No. 187/2006 Coll., on healthcare insurance entered into force on 1 June 2018.

Does the use of a requirement that, for a person to be eligible for inclusion in a job pool or access to a temporary job, he or she must have a separate main employment, constitute direct or indirect discrimination when applied to a person with a sickness benefit of 50% related to a disability?

Inadequate accessibility even outside of working life is a form of discrimination in Sweden. LW was refused access to a bus due to his wheelchair. The Equality Ombudsman did not take the case to court so LW turned to an NGO. The NGO took the case to court and won. This is one of the first cases where an NGO took on the full legal risks of enforcing the law

The state of affairs regarding segregation in the Hungarian system of public education

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

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