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Introduction

The information contained on this page represents the situation as of 1 January 2011 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Biljana Kotevska
E-mail: biljana@studiorum.org.mk

Country context

 Macedonia (FYR)[1] is a land-locked multi-ethnic country on the Balkan Peninsula. It became an independent republic in 1991 with the dissolution of Yugoslavia. It is a candidate for European Union membership since 2005, and holds a conditional invitation to join the North-Atlantic Treaty Organization since 2008.

Main principles and definitions

 
The Anti-discrimination Law contains definitions of direct and indirect discrimination; harassment, instructions to discriminate as well as victimisation. Definition of discrimination is unnecessarily more complicated than the one of the Directives. The definition of indirect discrimination is fully replicated from the Directives. 

Enforcing the law

Laws currently in force are not clear when it comes to addressing of complaints of discrimination. Various laws call for various types of proceedings in similar or equal cases. Proceedings vary from inspectoral control, misdemeanour procedure, litigation procedure, administrative procedure, to criminal procedure. 

Main legislation

The “Constitution of the Republic of Macedonia" [6] is a written constitution and the country’s highest act. It accepts international law as part of domestic law, making international law higher than domestic laws and by laws. The Constitution enables three lines of protection against discrimination.

Material scope

Anti-discrimination Law is applicable to both the private and public sector and applies to all fields.

The law notes that specific attention should be paid to the fields of employment and working relations; membership of and involvement in trade unions, political parties, NGOs, foundations, and other membership organisations; social security, including social protection, pensions and disability insurance; health insurance and healthcare; education; access to goods and services; and housing. Thus, this law goes well beyond the Directives.

Equality bodies

Anti-Discrimination Law provided for the establishment of the first equality body in the country, a Commission on Protection against Discrimination. Under this law, the Commission members were elected in December 2010, and it should start functioning in beginning of 2011, with the start of the implementation of the law. 

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.