Equal Treatment and Positive Action – Implementation and Compliance
Equal Treatment and Positive Action – Implementation and Compliance

Summary/Abstract: Most states have incorporated all the grounds of discrimination included in the two Directives in their national antidiscrimination legislation. The most pressing issue is the proper application of national anti-discrimination laws and the active enforcement of rights. Prior Work: In general, protection against discrimination on any of the grounds of the Directives in the states is not conditional on nationality, citizenship or residence status. In the majority of states, both natural and legal persons are protected against discrimination. Results: The law remains complex and remedies often inadequate. Further work is needed to ensure the credibility and admissibility of methods of proof such as statistical evidence. When a decision is rendered by courts or equality bodies, sanctions are not always observed by respondents, and recommendations are not always followed by public authorities. Value: We think this article is a small step in the disclosure of the problem eraised by the nondiscrimination concept.

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