Rejected for a job because of your age? Denied a service because of your ethnic background? A colleague with the same qualifications earns a lower salary? Discrimination has many faces, and a large number of citizens do not know that the law gives them concrete and effective tools for protection.
What constitutes discrimination?
Discrimination is any unjustified differentiation, exclusion or restriction based on a personal characteristic: sex, race, colour of skin, ethnic affiliation, language, citizenship, origin, religion, political belief, education, social status, mental or physical disability, age, marital status, health condition and other grounds provided by law.
Protection is guaranteed both by the European Convention on Human Rights (ECHR) and by domestic legislation. Discrimination can be direct (openly less favourable treatment), indirect (an apparently neutral rule that in practice affects a particular group), but also harassment and incitement to discrimination.
Where does it most often occur?
- Employment: hiring, promotion, pay, dismissals and mobbing
- Access to goods and services: banking, insurance, hospitality, transport
- Education and healthcare
- Proceedings before institutions: unequal treatment by administrative authorities
Two paths of protection
1. Complaint to the Commission for Prevention of and Protection against Discrimination. The procedure is free of charge and simple: a complaint is filed describing the event and the evidence. The Commission establishes whether discrimination occurred and issues an opinion and a recommendation to the perpetrator. This is a fast initial mechanism that also creates strong evidence for any subsequent court proceedings.
2. Court protection. Before a civil court one may seek a declaration that discrimination exists, a prohibition of the discriminatory conduct, removal of its consequences and compensation for damages. A key advantage for the victim: if facts are presented that make discrimination probable, the burden of proof shifts to the opposing party. That party must prove that it did not discriminate.
What should you do immediately?
- Preserve all evidence: messages, emails, advertisements, decisions, witnesses
- Record the date, place and an exact description of the event
- Do not sign statements or agreements before a legal consultation
- Act in time: some procedures have short deadlines
Do you believe you have been discriminated against?
Our team, which includes an external expert with many years of judicial experience in the field of discrimination, will assess your case and propose the most effective path: a complaint, a lawsuit, or both.
Book a consultationRelated service: Protection of Human Rights and from Discrimination
This text is general legal information and does not constitute legal advice for a specific case. For advice tailored to your situation, consult an attorney.