Fundamental Rights, Equal Treatment and Non-Discrimination
What this domain tests
Constitutional rights, the ECHR and Law No. 121/2012 on ensuring equality: how to recognise discrimination and apply the correct remedy.
Core rules
- Equality before the law is guaranteed by Article 16 of the Constitution; rights may be limited only by law, for a legitimate aim and proportionally.
- The ECHR is directly applicable, and the Ombudsman (Law No. 52/2014) offers a non-judicial remedy.
- Law No. 121/2012 prohibits discrimination on grounds including sex, race, ethnicity, language, religion, opinion, political affiliation, national or social origin, property, birth, disability, age, marital status and sexual orientation.
- Forms: direct discrimination, indirect discrimination (a neutral rule with a disproportionate effect), harassment, instruction to discriminate and victimisation.
- Proof: the complainant presents facts suggesting discrimination, and the respondent must show there was no breach - a shared burden of proof.
- Positive measures correcting disadvantage are permitted if proportionate, and reasonable accommodation must be provided for persons with disabilities.
Worked example
A job notice for a receptionist states that applicants must be under 35. Step 1: age is a protected ground. Step 2: the requirement is direct discrimination unless it is a genuine and decisive occupational requirement, which a receptionist role does not support. Step 3: the notice must be withdrawn, shortlisting reopened, and affected candidates may complain to the Council for Equality or to court.
Traps that cost marks
Requiring proof of intent; claiming discrimination without a comparator or a neutral rule with disparate effect; confusing positive measures with unlawful preference; ignoring the reasonable accommodation duty.