1. The anti-discrimination legislation in Albania Presentation of the corresponding EU Directives and of their approximation

2. EU Directives against discrimination Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation Council Directive 2004/113EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services Directive 2006/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

3. The grounds of discrimination EU DirectivesAlbanian Law “On Protection from Discrimination” racial/ethnic origin religion/belief disability age sexual orientation race, ethnicity political, religious or philosophical beliefs disability age sexual orientation gender, color, language, gender identity, economic, education or social situation, pregnancy, parentage, parental responsibility, family or marital condition, civil status, residence, health status, genetic predispositions, affiliation with a particular group or any other reason

4. The forms of discrimination (1) 1. Direct discrimination where one person is treated less favourably than another is, has been or would be treated in a comparable situation

5. It is the same exercise for all – please climb the tree!

6. The forms of discrimination (2) 2. Indirect discrimination where an apparently neutral provision, criterion or practice would put persons of … (ground) at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary

7. The forms of discrimination (3) 3. Harassment unwanted conduct related to … (ground) takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment 4. Instruction to discriminate

8. The forms of discrimination (4) According to the Albanian Law also: 5. Denial of reasonable accommodation happens whenever there is a denial of or objection to making essential and appropriate regulations or changes that are necessary in a particular case and do not impose an excessive burden, for the purpose of assuring the enjoyment and exercise, on an equal basis, of the fundamental rights and freedoms for persons with a disability or which occurred under conditions mentioned in Article 1 of this law

9. The forms of discrimination (5) 6. Discrimination because of association occurs when there is a distinction, limitation or preference, because of association with persons who belong to the groups mentioned in Article 1of this law or because of supposition of such an association (assumed discrimination)

10. General definition of discrimination Article 3 of the law “On Protection from Discrimination” “Discrimination is every distinction, exclusion, limitation or preference because of any cause mentioned in Article 1 of this law that has as a purpose or consequence the hindering or making impossible the exercise, in the same manner as with others, of the fundamental rights and freedoms recognised by the Constitution of the Republic of Albania, with international acts ratified by the Republic of Albania as well as with the laws in force.”

11. Definition of direct discrimination Article 3 of the law “On Protection from Discrimination” “Direct discrimination is that form of discrimination that occurs when a person or group of persons is treated in a less favourable manner than another person or another group of persons in a situation that is the same or similar, based on any cause mentioned in Article 1 of this law.”

12. Personal and material scope Personal scope applicable to all persons Material scope EU Directives: employment, occupation, vocational training, education, social protection, social advantages and access to goods and services, including housing Albanian law: no restriction

13. Exceptions to the principle of equal treatment Direct discrimination In principle no justification possible! Indirect discrimination Generally open to objective justification Problem: Article 6 of the Albanian law “On Protection from Discrimination”

14. Remedies and enforcement Judicial and non-judicial proceedings Insufficient approximation into Albanian legislation as regards: - burden of proof - victimisation - effective, proportionate and dissuasive sanctions

15. Equal Treatment Bodies In Albania: “The Commissioner for the Protection from Discrimination” Specialized body Far-reaching competences

16. Implementation and compliance Social dialogue with various groups affected by the law, e.g. disabled groups and labour unions “Any laws, regulations and administrative provisions that are contrary to the principle of equal treatment are abolished.”

17. At the end It remains to you as well!