Enforcing the law

Victims of ethnic discrimination may in some cases also turn to the Ombudsman for Minorities or take the matter to the national Discrimination Tribunal, which is empowered to consider complaints concerning as well public authorities as private respondents. The tribunal may give a prohibition order and impose conditional fine and order it to be paid, if the order is not followed. A victim of ethnic discrimination may, under the Non-Discrimination Act, choose to claim compensation in a regular court. Compensation may be awarded for up to 15,560 € and even more in exceptionally serious cases.

If discrimination takes place in the field of work or education/training, the victim may take his/her case to a regular court and either claim compensation as described above and/or bring criminal charges. A victim of ethnic discrimination may also file a complaint to the Discrimination Tribunal or turn to the Ombudsman for Minorities, who may take the matter further. In matters relating to employment, the Occupational Health and Safety Authority supervises compliance with anti-discrimination law. The authority may carry out on-site inspections and, upon encountering discrimination, it must report the case to a public prosecutor.

If discrimination takes place in the provision of services, the victim may bring criminal charges, or in the case of discrimination on the basis of ethnic origin, claim compensation under the Non-Discrimination Act or file a complaint to the Discrimination Tribunal.

Previously, i.e. before the Non-Discrimination Act came into force, the most often used means of judicial recourse was to bring criminal charges. Most of these cases dealt with denial of access, on the grounds of ethnic origin, to restaurants or other places open to the public.

The entering into force of the Non-Discrimination Act has changed the situation somewhat, as it eases the burden of proof in civil law proceedings brought under it, and entitles victims of discrimination to claim compensation, both matters that are important from the point of view of victims. This has increased somewhat recourse to civil and administrative proceedings.

Human rights NGOs and other organisations do not have direct locus standi to engage in legal proceedings on behalf of the victim, but it is possible for a lawyer working for an organisation to represent a victim in accordance with the ordinary rules of representation. This rarely happens in practice though, but it must be noted that there are organisations that provide expert advice to the victims, e.g. in how to bring legal action. Some human rights NGO’s have utilised situation testing, but these cases are considered in accordance with the regular legal procedures.

The use of statistical evidence is possible, but since the evaluation of the evidence is based on free weighing, it is always up to the court what, if any, weight will be given to such evidence.

Discrimination cases are every now and then brought to the attention of the public, in particular by the main daily newspapers.