In Sidabras & Dzautas v Lithuanian KGB officers had been dismissed from applying for jobs in the private sector. The restrictions which might have been justified on national security basis in the public sector could not be justified in the private sector. The court looked at the equality of treatment between persons who had been employed in the KGB and those who had not. The minority judges rejected this as a status as it was not an element of one\u2019s personality in the same way as other protected statuses.<\/p>\n
In DH v Czech Republic, the state had sought to improve the education of children of Roma origin. There were special schools of persons with learning difficulties who had difficulty with the ordinary curriculum. Qualification for the school was based on tests and assessments by the principal teacher.<\/p>\n
Statistically, a majority of pupils in the schools were of Roma origin and were many times more likely to be in a special school than an ordinary school. The court considered that the tests were culturally biased notwithstanding that there was no positive intention. It found indirect discrimination in that the measures although positively intended at some level, ended up impacting on members of the Roma community to a far greater extent than others. The discrimination was indirect and not intended as such.<\/p>\n
According to the established case law, proof may follow from the coexistence of a sufficiently strong clear and concordant inferences are similar unrebutted presumptions of fact. Moreover, the level of persuasion necessary for reaching a particular conclusion and in this connection the distribution of the burden of proof are intrinsically linked to the specificity of the fact the nature of the allegation made and the Convention right at stake.<\/p>\n
The court considers that when it comes to assessing the impact of the measure or practice on an individual or a group statistic which appear on critical examination to be reliable and significant will be sufficient to constitute the primary phase of the evidence of the applicant that the applicant is required to produce. That does not however mean that indirect discrimination cannot be proved without statistics.<\/p>\n\n
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Comparator As in other equality contexts, the comparator should be in a similar or analogous situation. In Van der Mussele v Belgium the person claimed to be comparators were found to be in a different position and could not be used are not comparators legitimate comparators for the purpose of the claim. In Burden v […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[348],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/23380"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=23380"}],"version-history":[{"count":19,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/23380\/revisions"}],"predecessor-version":[{"id":23516,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/23380\/revisions\/23516"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=23380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=23380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=23380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}