Disparitetni učinek posredne diskriminacije v pravu Evropske unije in Sveta Evrope ter v slovenski sodni praksi

slovenian

2016

volume 71, issue 7/8

European Union   human rights   Slovenia

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Indirect discrimination is a specific and complex form of unlawful discrimination, prohibited by EU law and national law. While this concept is fairly developed in European, international and American law, this is not the case in Slovenia. This is evident from insufficient and underdeveloped case law in this field as well as the lack of legal literature. In Slovenian law indirect discrimination is mentioned in several legal acts. Theoretical discussions on indirect discrimination are non-existent, and there are only a few case studies of concrete instances of indirect discrimination available. In certain cases, courts have even wrongfully interpreted indirect discrimination. To some extent this is a consequence of the insufficient theoretical debate, the absence of this topic from judicial or legal training as well as the general attitude towards anti-discrimination policy-making that, at all levels of state structures, hardly addresses issues of discrimination and its prevention. The purpose of this article is to fill this gap, affirm the concept of indirect discrimination in the Slovenian legal context and clarify the specificities of this concept in comparison with direct discrimination and other forms of unlawful differential treatment.

29.05.2017