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Fri, 09 Jan, 2015 12:09:23 AM FTimes Report, Jan 9
The provisions on non-discrimination have been reformed by the new Non-Discrimination Act, which came into force on 1 January 2015.
The Ombudsman for Minorities was, as a result of the reform, replaced by a Non-Discrimination Ombudsman, which is empowered to consider a broader range of discrimination issues, said a press release of the Ministry of Justice.
Certain provisions of the Act on Equality between Women and Men (Equality Act) have also been amended.
The new Act obliges, among others, to promote the equality of persons with disabilities. It also expands the scope of protection against discrimination.
The Act will be applied to all public and private activities, excluding private life, family life and practice of religion, according to the release.
The protection against discrimination is equal regardless of whether the discrimination is based on ethnic origin, age, nationality, language, religion, belief, opinion, health, disability, sexual orientation or other personal characteristics.
The obligation to draw up an equality plan concerns employers who regularly have personnel of at least 30 employees.
Public authorities, education providers and employers must, where necessary, make reasonable accommodations to ensure that employees with disabilities have equal access to services, work or education and training.
Persons with disabilities must also have equal access to goods and services.
The former Ombudsman for Minorities only supervised compliance with the prohibition of discrimination on basis of ethnic origin, but the new Non-Discrimination Ombudsman supervises compliance with the Non-Discrimination Act with regard to all grounds of discrimination.
The National Discrimination Tribunal and the Equality Board are merged to create a new body. The mandate of the new Tribunal covers all discrimination grounds.
The Tribunal may issue prohibition or obligation decisions and, by virtue of the Non-Discrimination Act, confirm a conciliation settlement between parties.
The Ombudsman for Equality, the Ombudsman for Children and the Non-Discrimination Ombudsman as well as their offices have been brought under the administrative branch of the Ministry of Justice.
The responsibilities for developing non-discrimination policies and legislation as well as the Advisory Board for Ethnic Relations have been transferred from the Ministry of the Interior to the Unit for Democracy, Language Affairs and Fundamental Rights at the Ministry of Justice.
In total nine public officials have been transferred to the service of the Ministry of Justice, according to the official release.
The Ministry of Social Affairs and Health is still responsible for the duties relating to the Equality Act.
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