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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?

Code:
RED14
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
11/03/2012 - 15:51
Short Answer

Yes, but only at the equality body.

Qualitative Info

 The rules applicable for discrimination cases are similar to the general rules of civil procedure. The criteria to be fulfilled in cases when individuals initiate procedures are a personal and a direct interest.

 The Equal Treatment Act introduced the possibility of public interest claims[1] (in discrimination cases) under personal and labour law. Prior to this legislation, assertion of claims of public interest was available only in consumer protection cases. The justification of this legal feature is that both in the field of anti-discrimination and consumer protection, the power relations between companies/employers/institutions and individuals are apparently unbalanced.

 In cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons) human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings. In other discrimination cases, individuals (presumed victims) stand in front of the court, while NGOs or other organizations might provide them with legal representation through lawyers, contracted by the organization.

The role of associations is not limited to advocacy or legal counselling. Within the legal framework of anti-discrimination, human rights and minority rights NGOs and other interest protection organizations (e.g. trade unions) have the right to initiate proceedings in cases of public interest claims (when the unlawful conduct might affect an undefinable group of persons). In other discrimination cases, NGOs or other organizations can provide the alleged victims of discrimination with legal aid/assistance, provided by individual lawyers, contracted by the organization.

 


[1] Equal Treatment Act, Article 20 (1), available at http://www.egyenlobanasmod.hu/data/Act_CXXV_2003%20English.pdf (Date of Access: 13.12.2011).

 

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