The equality and nondiscrimination and the civil court procedure – The case of Macedonia

Abstract

The civil court procedure for preventing and protecting against discrimination has its own characteristic features. The utilization of a comparison, the making of a prima facie discrimination case, justification and legitimate aim, and the burden of proof, are features of the civil court proceeding of a discrimination case. The judgment for protection against discrimination may also be a condemning (mandatory) one. In all cases in which the party files a compensation claim, the court shall render a condemning (mandatory) ruling. The court must provide institutional protection to the discrimination victim, by condemning the responding party and ordering such party to pay, do or suffer the consequences. The court proceeding of a discrimination case and the rendering of a court ruling is a procedural hindrance against the same proceeding before the Commission for Protection against Discrimination, because of the supremacy of the courts over the Commission in the field of providing institutional protection against discrimination.

Keywords: civil court, discrimination, protection, prevention.