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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
20/12/2011 - 13:46
Short Answer


Qualitative Info

The AGG contains a provision on the burden of proof (art. 22 AGG): As a first step, the victim of discrimination needs to establish facts ‘from which it may be presumed’ that discrimination has taken place. If this is done successfully, the burden of proof shifts to the accused party which then has to prove that ‘there has been no breach of the provisions prohibiting discrimination’.


General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), 14.08.2006, (accessed on 21.12.2011).


Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D)
Key socio-economic / Institutional Areas Anti-discrimination, Anti-racism
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