Hungarian Best Practices -NGOs Combating Discrimination- Zsófia Moldova Hungarian Helsinki Committee

Hungarian Best Practices -NGOs combating discrimination- Actio Popularis Claims Antidiscrimination Legal Clinic

Actio Popularis Procedural institution Action to obtain remedy by a person or a group in the name of the collective interest

Roots of Actio Popularis Claims Environment protection Consumer protection Animal protection … Council Directive 2000/43/EC19

Why „Best Practice”? Council Directive 2000/43/EC19 Preambulum (19) –Persons who have been subject to discrimination based on racial and ethnic origin should have adequate means of legal protection. To provide a more effective level of protection, associations or legal entities should also be empowered to engage, as the Member States so determine, either on behalf or in support of any victim, in proceedings, without prejudice to national rules of procedure concerning representation and defence before the courts. Article 7 (2) –Member States shall ensure that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.

Actio Popularis claim Equal Treatment Act §20 If the principle of equal treatment is violated or there is a direct danger thereof, a lawsuit for the infringement of inherent rights or a labour lawsuit may be brought by a) the Public Prosecutor; b) the Authority, or c) any social and interest representation organisation A social and interest representation organization may – if the above conditions prevail – also choose to launch a proceeding before the Authority.

„Social and Interest Representation Organisation NGOs or foundations –whose objectives set out in the articles of association or statutes include the promotion of equal social opportunities of disadvantaged groups or the protection of human or civil rights; Minority self-governments –with regard to the given minority Trade Unions –employees’ rights

Actio Popularis claim Equal Treatment Act §20 violation of the principle of equal treatment or the direct danger thereof was based on a characteristic that is an essential feature of the individual and the violation affects a larger group of persons that cannot be determined accurately.

Inherent Right Are these characteristics protected by the Constitution or an international covenant? Do these characteristics constitute grounds for a benefit conferred by state measures? Are these characteristics visible? Is it possible to change these characteristics by choice? Do these characteristics determine the everyday life of the individual?

Examples Ethnic affiliation Gender Sexual orientation Race Skin colour Nationality Motherhood/fatherhood Age Disability Health status? Social/financial status?

NGOs in the Procedure PROVE entitlement to initiate an actio popularis claim a larger group of persons was affected (or the threat thereof), whose number cannot be determined accurately ESTABLISH there has been a disadvantage suffered / the direct danger thereof characteristics defined in Article 8 of Equal Treatment Act, that are inherent feature of the individual

Rationale behind No need for an individual victim Instead of injustices suffered by individual victims it focuses on patterns, trends and scenarios of discrimination Ideal in tackling institutional, structural, or de facto discrimination. Minimal risk of victimisation Cost effective Tailored remedies

Segregation Cases Chance for Children Foundation ( Establish that municipalities enrol Roma children unlawfully in separate classes Ban them from continuing segregation → quality education

Mayor of Kiskunlacháza "There is no room for violence in Kiskunlacháza, there is no room for criminals, there has been enough of the violence by the Roma in Kiskunlacháza. [...] Yet we are the majority.„ Equal Treatment Authority: –Established that harassment –Forbade the continuation –Ordered the decision to be made public

Antidiscrimination Legal Clinic „The knowledge of the world is only to be acquired in the world, and not in a closet.” Lord Philip Dormer Stanhope Chesterfield

The Concept of AD Legal Clinic NGOs Attorneys Universities Clients

Elements Sound theoretical background Sensitization Practical skills Quality support

Until now… 1,5 year 2 universities More than 60 students More than 20 cases 3 pro bono legal firms

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