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- Title
Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminării.
- Authors
Giles, Jessica
- Abstract
Discrimination – Sexual orientation – Less favourable treatment – Patron of football club, perceived by public opinion as playing leading role in management of club, making homophobic statements to mass media and ruling out recruitment of homosexual football player by club – Patron lacking legal capacity to bind or represent club in recruitment policy but perceived by public as capable of exerting decisive influence – Non-governmental organization promoting, inter alia, gay rights claiming discrimination in club’s recruitment policy – Whether there existed ‘facts from which it may be presumed that there has been discrimination’ in the recruitment policy of the club despite patron’s lack of legal capacity – Whether burden of proof, which fell on respondent once prima facie case of discrimination made out, resulting in legal requirement to achieve impossible proof by requiring production of evidence interfering with privacy rights – Whether national law limiting sanctions available to a warning, where finding of discrimination made after expiry of six-month period from the date on which events took place, was ‘effective, proportionate and dissuasive sanction’ – Council Directive 2000/78/EC, arts 2(2)(a), 10(1), 17
- Subjects
SEXUAL orientation; SEX discrimination; HOMOPHOBIA in language; GAY athletes; SCOUTING (Athletics); GAY rights
- Publication
Oxford Journal of Law & Religion, 2013, Vol 2, Issue 2, p478
- ISSN
2047-0770
- Publication type
Article
- DOI
10.1093/ojlr/rwt017