Spain - 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 |
Yes. |
| Qualitative Info |
The article 32 of the Law 62/2003 determines that "in those processes of the civil jurisdictinal and the contentious-administrative jurisdictional areas in which discrimination due to racial or ethnical reasons can be deducted thanks to the alegations of the active part, it will be de plaintiff's responsability to provide an objective, reasonable and good enough justification. This should explain the measures taken and their proportionality". The article 36, related to the working environment adds "...for racial, ethnical religious or ideological reasons as well as in the case of a handicap, age or sexual orientation reasons". |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Ethnic minorities |
| Type (R/D) | |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Anti-discrimination, Anti-racism, Integration - social cohesion |
| External Url | http://www.boe.es/boe/dias/2003/12/31/pdfs/A46874-46992.pdf |
| Situation(s) |
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| Library |
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