Legally-binding verdict in the “Caribic “ case: Appeal court affirmed discrimination

On 19.07.2013 , appeal court in Belgrade adjudged a legally- binding verdict in favour of the plaintiff Confidant for protecting equality and determined the existence of a direct gender discrimination by reversing the original verdict. This verdict has been brought to the volunteer examiners recently and they initiated the act for determining discrimination.

This verdict forbids the accused corporate society to repeat the discrimination act, in any way, while fulfilling its activities, such as job openings, employment etc. based on gender discrimination or any other. Corporate society is also obliged to publish this verdict in one daily newspaper with national circulation at its expenses, within 15 days of receiving a copy of the verdict.

The verdict , among other, states that “ the accused party conducted the act of direct discrimination by advertising  job openings where the job is offered to female candidates exclusively, therefore the question whether the volunteer examiners gave the notice to the Confident about their intention of deliberately exposing themselves to this discrimination or not is irrelevant as well as the claim of the accused that he was carrying out a sort of “positive discrimination”. This is because the special measures for accomplishing gender equality as stated in Article 7 of the Gender equality Act cannot be applied by employers freely but with accordance with the Act of public authority which regulates the rate and structure of genders and their participation in employment. Without this special Act of public authority, applying these measures would be arbitrary act of the employer without a serious analysis of the labour market, so the number or the percentage of a one group involved in the labour market couldn’t be determined.

To remind, first instance proceedings ended with a judgment of the First Bacis Court in Belgrade in March 2013. According to all infringement claims stating that “ the court finds that the formal, superficial, isolated and non- purposive attempts to protect citizens from discrimination in the areas of work- much more efficient, if not only effective, it was essential protection that involves creating the material conditions for compliance with legal regulations …. that could be reduced to the opening of a sufficient number of jobs for all working age people both sexes.”

Coalition for Equality STEP welcomes this decision of the panel in a judgment signed by president of the judges Zorana Delibasic.

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