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Македонско здружение на млади правници
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Discrimination is any action that causes unequal treatment, which is not legitimately and proportionately founded, in a way that is based on certain personal features (discriminatory grounds) a certain person or a certain group is excluded, restricted or given priority in exercising fundamental rights and freedoms.

 

Our activities

 

Macedonian Association of Young Lawyers has been active the protection against discrimination since 2009-  after issuing a report on the necessity to adopt a Law on Protection against Discrimination, and thereafter its adoption, in providing legal aid and building a positive case law based on strategic advocacy and litigation for potential victims of discrimination before the authorities of competent jurisdiction and public awareness-raising activities. In 2014, we won the case whereby they received the first court ruling in the country establishing discrimination pursuant to the Law on Prevention and Protection against Discrimination. The same year, MYLA won a a second court ruling in the country was rendered, whereby discrimination in the field of labor relations was established for the first time. 

MYLA’s activities are divided into the following categories:

 

Free legal aid

 

MYLA offers free legal aid and representation of victims of discrimination before the competent institutions, courts and international bodies, with more than 70 procedures initiated. This activity contributes to the establishment of practice in institutions and courts for the protection of violation of rights arising as a result of discrimination. Through strategic advocacy we encourage and assist citizens to report discrimination and take measures to the competent domestic and international institutions and judicial bodies for protection against discrimination.

 

The procedures refer to discrimination in different areas and on different grounds in accordance with the Law on Prevention and Protection against Discrimination, other laws and the European Convention for the Protection of Human Rights.

Research and policies

 

MYLA works on research on legal protection against discrimination in North Macedonia by collecting information from institutions on how to apply legal solutions and mechanisms for protection against discrimination that are available to citizens, ie victims of discrimination. We produce analyses on the relevant issues that include suggesttions for solutions, as well as case studies on the protection against discrimination.

Legal training

 

MYLA regularly conducts trainings in the field of protection against discrimination for lawyers and practitioners in North Macedonia, with a focus on international trends and the European Convention on Human Rights. In recent years we have held trainings for a large number of lawyers and young lawyers. MYLA in cooperation with the Macedonian Police Union held a series of trainings for the members of the union in order to increase the sensitivity among police officers on issues related to equality as a fundamental right.

Significant judgments:

The Basic Court Skopje II Skopje, at the proceedings supported by the Macedonian Young Lawyers Association (MYLA), passed the first judgment establishing discrimination and in contravention of the Law on Prevention and Protection against Discrimination. The court found discrimination and violation of the right to equality. According to the court, the respondent, the Ministry of Interior (MOI) by preventing the applicant, a member of the Roma ethnicity, to leave the territory of the Republic of Macedonia has therefore acted contrary to Article 8 of the Law on Border Control and has restricted the person’s right to free movement and the right to equality, rights which are guaranteed by Article 9 and Article 27 of the Constitution of the Republic of Macedonia.

The Basic Court Skopje II Skopje, at the proceedings supported by the Macedonian Young Lawyers Association (MYLA), passed the second judgment on discrimination in contravention of the Law on Prevention and Protection against Discrimination, the first ruling whereby discrimination was established in the field of labor relations. The Court found discrimination and violation of the right to equality and discrimination on the grounds of victimization, in relation to the exercise of employment rights due to non-payment of salary and pay contributions. 

The Basic Court Delchevo, at proceedings supported by MYLA, passed a judgment of discrimination on the grounds of intellectual and physical disability as actions were not taken to adjust the space and infrastructure and to therefore provide the applicant the access to goods and services, since the applicant was a person with intellectual and physical disability.

The Administrative Court Skopje passed a judgment upholding the applicant’s complaint and therefore annulling the Decision of the Ministry of Justice, which as a second instance body upheld the decision of the Home Registry Office whereby the applicant’s request to have the birth register data corrected and changes made to gender data, was rejected.

The Basic Court Skopje II Skopje, passed a first instance judgment whereby the respondent – Ministry of Agriculture, Forestry and Water Economy of the Republic of Macedonia, committed discrimination on the grounds of political affiliation in the field of labor relations. This judgment is the first to establish discrimination on the grounds of political affiliation in employment.

The Basic Court Skopje II Skopje, in proceedings supported by the MYLA, passed a first instance judgment whereby the Municipality, as the respondent, committed discrimination on the grounds of language and ethnicity in the field of work and labor relations. The judgment prohibits the respondent from taking further discriminatory actions.

The Skopje Court of Appeals, at proceedings supported by MYLA, passed a judgment establishing a contravention of the applicant’s right to equal opportunity and treatment by discriminating on the grounds of pregnancy in parenthood. The Skopje Court of Appeals upheld the judgment of the Basic Court in Kumanovo, which found that the respondents violated the applicant’s right to equal opportunities and treatment, i.e discriminated against the applicant on the grounds of family status, familial and marital status, and pregnancy in parenthood.

The Bitola Court of Appeals ruled that the Municipality of Prilep and PCE Vodovod i Kanalizacija Prilep (Water Supply and Sewage Company) discriminated against the applicants by failure to provide them access to clean and healthy drinking water. According to the Court, the respondents, the Municipality of Prilep and PCE Vodovod i Kanalizacija, failed to prove they did not discriminate, and so the Court upheld the complaint. Therefore, the Court directly and correctly applied the rule according to which the burden of proof of discrimination falls on the respondents, not the applicants.