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Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
16/02/2012 - 12:46
Short Answer

No, associations, organisations and other legal entities have a limited role.

Qualitative Info

Associations or organisations working for the benefit of victims do not have any major role in judicial or administrative procedures. They have a general right to request a statement on the interpretation of the Non-Discrimination Act from the Discrimination Tribunal in matters pertaining to ethnic discrimination. They do not have the right to take a case to court or to the Tribunal, not even with the consent of the complainant. Furthermore, they cannot become third parties to such proceedings. This state of affairs arises from the national legislation on rules of procedure. However, the rules allow any lawyer to represent a claimant with his/her approval, and to provide assistance, such as legal advice. Accordingly, lawyers working for an organisation or association may represent a claimant under general rules of representation and procedure.

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, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Anti-discrimination
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