Gender Discrimination and the Burden of Proof in EU Legislation

Comparative review of the legislation in force and the case law
Friday 14 January 2005
article translations български

On December 3 Gender Education, Research and Technologies foundation (GERT) held a workshop with representatives of the judiciary system to which was launched the new publication entitled: "Gender Discrimination and the Burden of Proof in EU Legislation". The book is part of the project of GERT "Supporting the Judicial System in the Implementation of the Antidiscrimination Law in Bulgaria through Analysis of existing Policies and Case Law in EU in the Field of Gender Equality", which has been realised in the frames of the Judicial Development Project for Bulgaria of the East-West Management Institute.

Mariya Gencheva is the author of the publication, which was realised with the support of Anna Gavrilova, Attorney at Law, member of the Bulgarian Lawyers for Human Rights foundation and Galina Ivanova, judge at Sofia District Court. The selection of the European case law was made with the support of Zornitza Yanakieva. The book was edited and published by Jivka Marinova. It is organised in four chapters:

- EU Policy and Legislation in the Area of Gender equality.

- EU Directives in the Area of Gender equality.

- Gender Equality in the Legislation of Member States and the Countries in Process of Accession to the EU: a Comparative Review.

- The Bulgarian Antidiscrimination Law - an Approximation of European Standards.

The appendices contain information on:

- Exerpts of the Case Law of the Sofia District Court;

- Exerpts of the Case Law of the European Court in Luxembourg;

- Full text of the EU Directives related to EU Directive 97/80/EU;

- Full text of the Bulgarian Act for Protection against Discrimination.

The publication was presented by Mariya Gencheva, Jivka Marinova, Anna Gavriliva and Galina Ivanova at the workshop. The lawyers, who took part in the meeting, showed genuine interest in the theme and shared their experience and thoughts. Dinko Kantchev from Bulgarian Lawyers for Human Rights foundation stated that "the book is the best support for the implementation of the new antidiscrimination legislation in Bulgaria". He added that at present the process of protection against discrimination is only partial and the protection is only partially guaranteed in Bulgaria, because the Commission for protection against discrimination is still non-existant, but it will have large authority, including the authority of disseminating the results from the independent investigations.

The publication is available in the office of GERT.