Human Rights, Anti-Discrimination and Equal Opportunities
This domain tests constitutional and statutory equality guarantees, the anti-discrimination framework, and equal opportunities in public administration.
Core rules
- The Constitution's Chapter II protects fundamental rights and freedoms; ratified human rights treaties are part of the domestic order.
- The Law on Prevention and Protection against Discrimination prohibits direct and indirect discrimination, harassment, instruction to discriminate, and victimisation.
- Protected grounds include sex, race, ethnicity, religion, disability, age, sexual orientation, gender identity, and other status.
- Direct discrimination treats a comparable person less favourably. Indirect discrimination uses a neutral rule that disadvantages a protected group without objective justification.
- Temporary special measures may be lawful to correct disadvantage; they are not unlawful reverse discrimination.
- The Commission for Prevention and Protection against Discrimination and the Ombudsman provide oversight and remedies.
Worked example
A public body advertises a job for young, able-bodied men only. A qualified woman over 40 with a disability is rejected. The advertisement is direct discrimination on sex, age, and disability. She can complain to the Commission; if she establishes facts suggesting discrimination, the burden may shift to the employer to prove objective justification. A genuine occupational requirement must be narrowly defined and proportionate.
Traps
Equal treatment does not mean identical treatment in every case; reasonable accommodation may be required. Do not confuse harassment with mere rudeness. Do not assume intent is necessary for indirect discrimination.