Ireland - 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 |
Though the onus of proof lies with the plaintiff in constitutional actions, there is provision for the shifting of the burden of proof in discrimination cases. In 1997 a council directive on the burden of proof in sex discrimination cases was issued.. There has been some precedence’s applying this to other discrimination cases since. A report by EUMC found that to fully conform with EU directive on the subject amendments need to be made. |
| Qualitative Info |
The European Monitoring Centre for Racism and Xenophobia commissioned a report on ‘Anti-discrimination Legislation in EU Member States.’ Irelands section can be read here http://www.pedz.uni-mannheim.de/daten/edz-b/ebr/02/ART13_Ireland-en.pdf |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities |
| Type (R/D) | Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism |
| External Url | http://www.pedz.uni-mannheim.de/daten/edz-b/ebr/02/ART13_Ireland-en.pdf |
| Situation(s) |
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| Library |
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