The Advocate can:
1. Investigate a potential discrimination
If you believe you or those around you have been treated unequaly due to your personal circumstance you can file a complaint. The Advocate of the Principle of Equality will investigate your case and decide whether there has been discrimination which is prohibited by law.
He will issue a decision and in case discrimination has been found, he may order the responsible private or public institution to end it. He can propose that appropriate measures be taken to prevent further discrimination, to eliminate its consequences and to prohibit it in the future. Please note that the Advocate cannot change or amend the decisions of courts, state institutions or private institutions.
He may refer the case to the competent inspectorate to initiate misdemeanor proceedings.
2. Help prevent future violations of discrimination of similar kind against you or other persons
If the Advocate’s investigation reveals a problem in law or in practice of state institutions or private persons, he can propose changes to them to prevent future discriminatory practices.
3. Help you understand your right to protection against discrimination and explain how to better defend it
If you are unsure whether you have been discriminated and whether the Advocate can investigate your case, you can call the Advocate’s office (080 81 80) and they will provide to you all the necessary information on what discrimination entails, help you file a complaint or explain what legal channels you may make use of before other state bodies.
4. Appeal to Court on your behalf
In specific cases, the Advocate of the Principle of Equality may also represent you in judicial or administrative proceedings or accompany you in such proceedings with your approval.
Please note that the Advocate of the Principle of Equality makes a decision on whether he will participate in court proceedings in a particular case, taking into account in particular: strategic priorities, the nature of the case, its own human and financial capabilities and findings in a specific case of discrimination. He assesses this on a case-by-case basis.
5. Require constitutional review
If the Advocate assesses that any law or other regulation is discriminatory, he may initiate proceedings to assess the constitutionality or legality of a regulation at the Constitutional Court.
The Advocate cannot:
The Advocate will not be able to help you in cases where someone treats you less or unfairly and the reason for this poor treatment is not your gender, age, nationality, race, ethnic origin, disability, sexual orientation and other personal circumstances.
important Every unfair treatment is not discrimination.
Other state bodies may be responsible for dealing with such injustices.
example If your employer unjustifiably reduced your salary, this can only be discriminatory if it was done because of your gender, your age, nationality, disability, sexual orientation, or any other personal circumstance.
The Advocate can only fulfil those tasks which are outlined under the Protection Against Discrimination Act. Therefore, he cannot:
- revoke or change decisions of courts or state institutions or private bodies
- examine the evidence in court cases
- punish state officials or private individuals (but the competent inspection bodies may)
- give you compensation for discrimination (but you may be entitled to compensation in a judicial proceeding)
- represent you in the European Court of Human Rights or other international body