Shift of the burden of proof

Definition
Strands: Equality, Discrimination
Key Areas: Anti-discrimination Legislation & Implementation, Discrimination Statistics
Countries: Austria, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Poland, Portugal, Romania, Slovenia, Spain, Sweden, Belgium, Czech Republic, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Slovakia, United Kingdom, Estonia

 

Shift of the burden of proof

Article 8.1 of Directive 2000/43/EC: Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.