Забраната за непряка дискриминация – теоретични и практически аспекти
THE PROHIBITION OF INDIRECT DISCRIMINATION – THEORETICAL AND PRACTICAL ASPECTS

Summary/Abstract: The concept of indirect discrimination makes full use of the beneficial effect of equality as a means of overcoming differences of various orders recognized as unjust. There are obvious forms of violation of the principle of equality, without, however, being formally covered by the prohibition of unequal treatment based on grounds. This is also the reason for the prohibition of indirect discrimination to be legally established. The article traces the controversial sides in the theoretical and practical justification of indirect discrimination. Attention is paid to the criteria for distinguishing between direct and indirect discrimination, tests for proportionality of the impact, the limits of proof. The analysis of the various cases from jurisprudence shows that it is very difficult to justify a generally valid composition of indirect discrimination.

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