The Law on Prevention and Protection against Discrimination ensures the principle of equality and prevention and protection against discrimination in the exercise of human rights and freedoms.
Protection against discrimination enables the protection of citizens from unfair and unequal treatment. Nowadays, unequal treatment towards individuals is often neglected, but they should be encouraged and seek protection of their rights before the competent institutions.
The Law on Protection against Discrimination defines discrimination as any distinction, exclusion, restriction or giving of priority that is based on discriminatory grounds, by action or omission, which has the purpose or result of preventing, restricting, recognizing, enjoying or exercising the rights and freedoms of a certain person or group on an equal basis with others. The above covers all forms of discrimination, including preventing appropriate adaptation and preventing accessibility and availability of infrastructure, goods and services.
The Law defines direct and indirect discrimination, incitement, incitement and instruction to discriminate, harassment, victimization, segregation and more serious forms of discrimination.
The Law and the Commission for Prevention and Protection against Discrimination (CPPD) provide a legal framework and mechanism for the protection of citizens who believe that they are being treated unfairly and unequally.
The procedure for protection against discrimination can be conducted before the Commission for Prevention and Protection against Discrimination or before a competent civil court.
Procedure before the Commission for Prevention and Protection against Discrimination
A complaint for protection against discrimination may be filed by: individual persons – victims of discrimination and legal persons – organizations representing the interests of discriminated persons or groups. The complaint is filed with the CPPD, in written or electronic form, with a description of the actions that constitute discrimination and all evidence indicating discrimination must be attached.
The Commission issues an opinion within 60 days from the date of filing the complaint and delivers it to the submitter and to the person against whom the complaint was filed.
With the written opinion, if discrimination is established, the Commission recommends a way to eliminate the violations of the law. If the person to whom the recommendation is addressed does not act on the recommendation, the Commission files a request to initiate misdemeanor proceedings before the competent misdemeanor court.
The procedure before the CPPD is free of charge, i.e. without costs.
Procedure before competent civil court
A person who believes that has been discriminated, may file a lawsuit before a competent civil court.
By filing a lawsuit, the person who believes that has been discriminated may request the court to: determine that the defendant has violated the plaintiff’s right, i.e. the action he or she has taken or failed to take constitutes discrimination; prohibit the taking of actions that violate or may violate the plaintiff’s right; order the defendant to take actions that eliminate the discrimination or its consequences; compensate for the material and non-material damage caused by the violation of the rights protected by this law; and publish in the media the operative part of the judgment establishing discrimination in an accessible format at the defendant’s expense.
The law also provides for the possibility of filing a lawsuit for protection from discrimination in the public interest, which can be filed by associations, foundations, unions or other civil society organizations and informal groups that have a legitimate interest in protecting the interests of a certain group or within the framework of their activity deal with protection from discrimination, only if they make it probable that a larger number of people have been discriminated against by the defendant’s actions.
Persons who will start court proceedings for protection against discrimination are exempt from paying court fees.