Indicator history

The rules applicable for discrimination cases are similar to the general rules of civil procedure. The criteria to be fulfilled in cases when individuals initiate procedures are a personal and a direct interest.

 The Equal Treatment Act introduced the possibility of public interest claims (in discrimination cases) under personal and labour law. Prior to this legislation, assertion of claims of public interest was available only in consumer protection cases. The justification of this legal feature is that both in the field of anti-discrimination and consumer protection, the power relations between companies/employers/institutions and individuals are apparently unbalanced.

 In cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons) human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings. In other discrimination cases, individuals (presumed victims) stand in front of the court, while NGOs or other organizations might provide them with legal representation through lawyers, contracted by the organization.

 Under the effect of the Equal Treatment Act, the assertion of claims of public interest (‘actio popularis’) is available in cases where ‘the violation of the principle of equal treatment was based on a characteristic that is an essential feature of the individual, and the violation of law affects a larger group of persons that cannot be determined accurately’:[1] ‘(1) A lawsuit under personal or labour law because of a violation of the principle of equal treatment before the court can be initiated by a) the Public Prosecutor, b) the Authority, or c) the social and interest representation organisation.[2] In the above described cases, non-governmental organizations and interest representation organisations may instigate a procedure at the ETA.[3]

 The procedures of the Equal Treatment Authorities are regulated by the Act on the General Rules of Public Administration Procedures and Services [4] and by a government decree (on the establishment and competences of the Equal Treatment Authority and the detailed rules of its procedures).[5] According to these legal acts, the Equal Treatment Authority (ETA) can conduct investigations to decide whether the requirement of equal treatment was violated or not. Investigations by the ETA are initiated upon request or ex officio.

 According to its scope of authority, the ETA has the prower to initiate procedures, in cases of direct or indirect disrimination, in the fields of personal law and employment law.

The role of associations is not limited to advocacy or legal counselling. Within the legal framework of anti-discrimination, human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings in cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons).