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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
23/02/2012 - 11:48
Short Answer

Yes, to some extent.

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. 

The victim must demonstrate the act of discrimination and present facts to substantiate it. The defendant must show in turn that the differential treatment had no basis in racial or ethnic origin.

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.

Groups affected/interested Migrants, Ethnic minorities
Type (R/D) Anti-migrant/xenophobia, Inter-ethnic
Key socio-economic / Institutional Areas Anti-discrimination
External Url
Portugal 2009 - Country report on measures to combat discrimination