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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?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
24/02/2012 - 17:26
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

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
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