Equal Treatment - AJBH-EN
Directorate-General for Equal Treatment
The responsibilities of the Commissioner for Fundamental Rights as defined in Act CXXV of 2003 on Equal Treatment and the Promotion of Equal Opportunities (hereinafter referred to as: the Ebktv) are fulfilled by a separate organisational unit of the Office of the Commissioner for Fundamental Rights called Directorate-General for Equal Treatment (hereinafter referred to as: the Directorate-General).
Under Ebktv, the Commissioner for Fundamental Rights is responsible for the investigation complaints concerning the violation of the requirements of equal treatment (discrimination) and for implementing the aspects of equal treatment. In certain cases defined by this law, the Commissioner for Fundamental Rights is also entitled to launch proceedings ex officio. In addition to conducting such procedures, the other key responsibility is to provide continuous information to the parties concerned on the options of taking action against the violation of the requirement of equal treatment.
The Directorate-General acts in the cases of those clients who are discriminated against, i.e. against whom the requirement of equal treatment is breached. Pursuant to the law, the requirement of equal treatment is breached if a person or group is treated less favourably than others on account of their so-called protected characteristics listed in the Equal Treatment Act. The law generally lists as protected characteristics features or situations which are typically innate and permanent, which the person cannot change or can only change with great difficulty, which do not depend on the individual’s free choice, which are essential traits of the personality, are suitable for creating groups and may become bases for prejudice.
Based on the law, the violation of the requirement of equal treatment includes direct discrimination, indirect discrimination,
harassment, segregation and victimisation.
The Directorate-General acts in the framework of an administrative authority procedure in the cases defined by the law. If the violation of the requirement of equal treatment is established in a procedure, the Directorate-General may not only make a proposal for remedying the violation of the law that has been exposed but it may also adopt a binding administrative decision, in which it may even impose a sanction. Thus, the termination of a situation that violates the law or the publication of the decision establishing the violation of the law may be ordered, a conduct that violates the law may be prohibited, or even a fine may be imposed.
If you feel that you have been treated less favourably on the ground of any of you protected characteristics than another person or group in the same position, please contact the Commissioner for Fundamental Rights and request that your petition be investigated into bv the Directorate-General for Equal Treatment.