The constitutional basis for protection from discrimination is contained in the definition of the fundamental values of the Republic of Macedonia, immediately followed by the first article of the Chapter on human rights and freedoms (Article 9). In this article, that states the grounds for possible discrimination, the "Directive grounds" are covered only partially: the missing grounds are disability, age, sexual orientation and belief in general, while social origin, property and social status are in as additional grounds.

The general anti-discrimination provisions in the Constitution were spread out throughout all legislation at a broad level without allowing for concrete application and without any clear obligation for implementation. The main problem connected with this is the limited constitutional grounds for discrimination. This leads to varying interpretati of the obligation in law and an absolute absence of real protective mechanisms.

Before 2010 no equality body had been established at the national level. Some functions concerning discrimination fall within the mandate of the Ombudsman's office. With the 2009 changes, a special department for protection from discrimination was created.