Access to justice in Europe: an overview of challenges and opportunities

April 3, 2011 at 10:18 pm Leave a comment

A recent report of the European Union Agency for Fundamental Rights makes a comparative inquiry of access to judicial and quasi-judicial mechanisms in the area of non-discrimination. Broadly the report covers subject matters regulated in a number of EU legislative acts, namely Racial Equality Directive, Gender Equality Directive, Gender Goods and Services Directive and Employment Equality Directive. Three levels of analysis are intertwinned in the report – international (European Convention on Human Rights), EU and the 27 member states.

Bellow is a summary of the main findings of the report:

  • many EU Member States provide victims of discrimination with alternative non-judicial routes through which they can obtain redress;
  • Legal aid is generally available for a party to proceedings in the area of non-discrimination law in all
    EU Member States through the application of ‘means’ or ‘means plus merits’ tests. Nevertheless, a greater allocation of resources appears to be needed;
  • Financial compensation is the primary means of compensating victims of discrimination in all 27 EU Member States. In the majority of EU Member States, furthermore, such financial compensation is supplemented by other nonfinancial forms of reparation (such as reinstatement in the case of dismissal from employment that was
    discriminatory).

Read the whole text of Access to justice in Europe: an overview of challenges and opportunities here

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Entry filed under: Access to Justice, EU, Human Rights, Research.

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