Role litigace při implementaci „EU Race Equality Directive“ (Europské směrnice o rasové rovnosti): seminář pro soudce a další právníky
EC Treaty Article 13 Council Directive 2000/43/EC “Race Equality Directive” Council Directive 2000/78/EC “Employment Framework Directive”
European Convention on Human Rights Article 14 “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground….”
Violation of Article 14 case CASE OF NACHOVA AND OTHERS v. BULGARIA (Applications nos /98 and 43579/98)
European Convention on Human Rights Protocol No. 12 “The enjoyment of any right set forth by law shall be secured without discrimination on any ground….”
International Convention on the Elimination of all forms of Racial Discrimination Definition of racial discrimination: “…any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin…”
ICERD - Article 5 Rights protected against acts of discrimination: justice security of person political rights civil rights economic, social and cultural rights right of access to public places or services
CERD cases Miroslav Lacko v. Slovakia, 13/1998 Anna Koptova v. Slovakia, 13/1998 Luboslava Rigova and others v. Slovakia, 31/2003 Dragan Durmić v. Serbia and Montenegro, 29/2003
Race Equality Directive Definitions: Direct discrimination: Article 2 (2) a Indirect discrimination: Article 2 (2) b Harassment: Article 2 (3)
Scope Access to employment Access to training Employment and working conditions Membership in workers and employers organisations Social protection Education Access to and supply of goods and services
Exceptions to the prohibition of discrimination Grounds of nationality Genuine and determining occupational requirements positive action