"Ignorantia Legis Neminem Excusat" In the Area of Equality and Non-Discrimination - The Case of Macedonia

Abstract

Discrimination (Indirect discrimination) represents placing any person or group in unfavorable position in comparison with other persons, by adopting the provisions, prominent natural criteria or by taking certain practices, unless in a case when these provisions, criteria or practices result from legitimate objective and the means for the achievement of that objective are appropriate and necessary. The legislator is oriented in treating the person or group in similar conditions and various ways. Here the criterion of similarity of individuals is taken into consideration disregarding the broader context of the conducted treatment.

The spirit of the concept of equality and non-discrimination is not satisfactory according to the "formal equality" therefore "substantive equality" should also be conceived. People in different situations should be treated differently. This point of view is supported in the "equality of results" and "equality of opportunity". "Substantive equality" depends on several factors in each case separately, for example nationality, nature of occupation or activity or the conditions in which that profession is performed, providing resources, opportunities etc. Therefore in each case an objective and reasonable justification should be provided

Keywords: discrimination (indirect discrimination), formal equality, substantive equality, law