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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
10/01/2012 - 05:16
Short Answer

Yes, the law does provide for the shifting of the burdenof proof. No problems have been recorded because no case involving racial discrimination was ever decided by the Courts. The Equality Body does not reverse the burden of proof for the purposes of its own investigation.

Qualitative Info

The burden of proof is reversed under article 7 of the Law on Equal Treatment irrespective of Race or Ethnic origin N. 59(I)2004 (more or less transposing the Racial Equality Directive). Following an amendment enacted in 2006, this provision is now in line with the Directive's article 8. This law however does not expressly provide that the burden of proof is reversed where organisations engage in proceedings on behalf of victims. The Equality Body does not reverse the burden of proof, as it falls under the exception provided by 8(5) of the Directive ("Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case."). There have never been any problems reported, given that no case of racial discrimination invoking this law has ever been adjudicated by the Cypriot Courts.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Anti-discrimination
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