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European Equality Law Network

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

Legal developments

Amendments have been introduced to the Sickness Insurance Act introducing paternity and long-term care leave

The Act is intended to regulate cohabitants by introducing rights and duties depending on the status of the cohabitants. It introduces three different forms of cohabitation, that is, de facto cohabitation, cohabitation by means of a contract between the parties and cohabitation by means of a unilateral declaration.

A Potential Tenant v A Letting Agent 
Adjudication Officer Decision ADJ-00004060

A report of the Netherlands’ Ombudsman of 17 May 2017 on the treatment of Roma, Sinti and Travellers by the public authorities in respect of housing

With its judgement of 4 April 2017, the Supreme Court has recognized the right of a female worker to be reinstated in her job after being unfairly dismissed while she was undergoing fertility treatment, even though she was not yet pregnant. This Supreme Court case resembles the judgment of the CJEU of 26 February 2008 (Mayr Case).

The addition of an article on sexual harassment to the Penal Code (PC)

Date: 28 June 2017. Topics

Does it constitute discrimination that a vocational school has prohibited the exercise of religious rituals at the school?

One year after introducing the so-called ‘Family 500 Plus’ law has confirmed objections regarding its discriminatory character towards families with one child, in particular single mothers.

Date: 28 June 2017. Topics

The conviction was issued in a prescriptive judgment sentencing the lowest possible fine of PLN 20 (approx. EUR 4). The court did not take into account the possibility of sex-related discrimination in access to services.

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

The Commissioner for children’s rights slams the decision of a school to lower the grades of a disabled student who had benefited from facilitation measures so as to be at par with other students who did not benefit from any such measures

In May 2017, the Liechtenstein parliament asked the government to review the criteria and procedures for people with disabilities requesting access to vocational training

A preliminary ruling by the CJEU regarding the meaning of “ethnic origin” in the Race Directive. Requested by the Western High Court of Denmark

Whether a refusal to hire a gardener because he was deaf amounted to disability discrimination

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

Police Roma Registration regarded as discrimination

Time spent on maternity/parental leave or sick leave does not count as time spent in service for the purpose of fulfilling the obligations of resident physicians towards the hospital    

Plans for ratification of the Istanbul Convention in 2017

Government initiative to create a public authority for gender equality

Date: 24 May 2017. Topics

The Supreme Court's judgment of 24 January 2017, has recognized the right to full remuneration for an employee in the medical field, who, due to her pregnancy, could not perform night shifts. In a judgment of 10 January 2017, the Supreme Court recognized the right to receive full remuneration (including bonuses) from the first day of work after maternity leave.

Extension of the scope of the equal treatment principle: addition of grounds and fields; extension of the Ombudsman`s powers; procedural provisions not improved nor incorporated into procedural codes; inadequate transposition of Directive 2014/54/EU

Date: 2 May 2017. Topics

The Spanish Government withdrew subsidies for university education in gender equality and subsidies to small businesses to promote equality between men and women

Application of the rules of proof in a situation when the victim of discrimination is alone 

Whether a municipal decree banning religious clothing and on expressing support for homosexual marriage is constitutional in Hungary

No implicit derogations apply to contracts agreed with workers with disability

The Parliament amended and afterwards adopted the new version (recast) of the Equal Opportunities Act for Women and Men

Date: 24 April 2017. Topics

Amendments to the Penal Code to implement the Istanbul Convention concerning non-consensual sexual acts 

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