Portugal - 2012
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
- Code:
- RED13
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes, to some extent. |
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| Qualitative Info |
Article 6(1) of Law 18/2004, transposing the Race Directive, states that the victim of discrimination has to present facts from which the existence of such discrimination may be inferred; it is up to the respondent to prove that the differences of treatment are not the result of any of the factors mentioned in Article 3, which refers to discrimination on grounds of race, color, nationality or ethnic origin and indicates, as examples, some typical discriminatory practices. This principle does not apply to criminal procedure, nor to actions where according to the law it is up to the court or other jurisdiction to carry out the investigation. |
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| Groups affected/interested | Migrants, Ethnic minorities | |
| Type (R/D) | Anti-migrant/xenophobia, Inter-ethnic | |
| Key socio-economic / Institutional Areas | Anti-discrimination | |
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