Achiving Equality by Shifting the Burden of Proof in Anti-Discrimination Cases

Abstract

Fighting discrimination by shifting the burden of proof is now integral to all European legal systems. Yet, a procedural rule, such as the reverse burden of proof, is just one step towards effectively addressing the issues of discriminatory motives and stereotypes, which as parts of human psyche produce discriminatory behaviour and cognitive bias in workplace and other areas of human interaction, including decision making in our courts of law. The EU Council directives, the judicial protection in the EU and ECHR´s decisions form the important part of European protection again discrimination.