Equal Treatment and Positive Action - Implementation and Compliance

AuthorRadu Popescu
PositionAssociate Professor, PhD, National School of Political Studies and Public Administration, Bucharest, Romania
Radu Răzvan Popescu
Abstract: Objectives Most states have incorporated a ll the grounds of discrimination included in the
two Directives in their national antidiscrimination legislation. The most pressing issue is the proper
application of national anti- discrimination laws and the active enforcement of rights. Prior Work. In
general, protection a gainst discrimination on any of the grounds of the Directives in the states is not
conditional on nationality, citizenship or residence status. In the majority of states, both natural and
legal persons are protected against discrimination. Results. The law remains complex and remedies
often inadequa te. Further work is needed to ensure t he credibility and admissibility of methods of
proof such as statistical evidence. When a decision is rendered by courts or equality bodies, sanctions
are not always observed by respondents, and recommendations are not always followed by public
authorities. Value. We think this article is a small step in the disclosure of the problem eraised by the
nondiscrimination concept.
Keywords: objectives, general duties, positive action, policy measures, national provisions
1. General Aspects
At the international level, the problematic of nondiscrimination was, in time, the
object of several regulations which took into account the evolution of this concept.
Thus, according to art. 2 point 1 of the Universal Declaration of Human Rights,
reference is made to the right of the person to equality before the law and to
protection against any discrimination; and art. 23 para. (2) establishes that
everyone, without any discrimination, has the right to equal pay for equal work.
The International Labour Organization always intended the combating of
discrimination and the assurance of the respect of the equality of chances and
Associate Professor, PhD, National School of Political Studies and Public Administration, Bucharest,
Romania, Address: 6, Povernei Str., District 1, Bucharest, Romania, Tel.: ( 40)(021)318.08.97,
(40)(021)318.08.98, Correspondign author: radupopescu77@yahoo.com.
AUDJ, vol. 9, no. 3/2013, pp. 100-116
Equal Treatment and Positive Action –
Implementation and Compliance
treatment for all employees. In this sense, Convention no. 100 (1951) was
elaborated, regarding remuneration, which established „equal remuneration for
men and women workers” for work of equal value.
According to art. 2 of the same convention, the member states must ensure the
application for all. Subsequently was adopted Convention no. 111 (1958) on
discrimination, which constituted the general framework for combating this
phenomenon. Art. 1 of the Convention defines discrimination as being:
- on the one hand, any distinction, exclusion or preference made on the basis of
race, colour, sex, religion, political opinion, national extraction or social origin,
which has the effect of nullifying or impairing equality of opportunity or treatment
in employment or occupation;
- on the other hand, such other distinction, exclusion or preference which has the
effect of nullifying or impairing equality of opportunity or treatment in employment
or occupation as may be determined by the Member concerned after consultation
with representative employers' and workers' organizations, where such exist, and
with other appropriate bodies.
At the same time, according to art. 1 point 2 of the Convention, it is stated that
cannot be considered discriminatory acts, those distinctions, exclusions or
preferences in respect of a particular job based on the inherent requirements
thereof. According to art. 2 of the Convention it is instituted the obligation for the
states ratifying the Convention to initiate and apply a national policy regarding the
implementation of the equality of chances and treatment in matters of professional
training and employment which to target the following objectives:
- co-operation of employers' and workers' organizations and other appropriate
bodies in applying the measures for combating discrimination;
- elaboration of regulations that create a favorable framework for the application of
the principle of equality of chances and treatment;
- abrogation of the dispositions in the regulations, which are incompatible with the
nondiscrimination principle in the matter of work relations.
Another regulation incident in the field is Convention no. 117 (1962) regarding the
objectives and basic norms of the social policy, which approaches in a distinct title
nondiscrimination in the matter of race, colour, sex, belief, tribal association or
trade union affiliation.

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