ADDRESSING DISCRIMINATION BASED ON POLITICAL OPINION AND POLITICAL AFFILIATION: THE PRACTICE OF THE EQUALITY BODY IN NORTH MACEDONIA
DOI:
https://doi.org/10.46763/Schlagwörter:
political opinion, actual or perceived political affiliation, politically motivated discrimination, equality body, nonjudicial protection, employment.Abstract
Protection against discrimination based on political opinion it is an
important component of democratic governance and the political
pluralism, relying on the principle of public administration which is
politically neutral. In societies such Macedonia as transitional
democracy, where the public perception is that the politics influence
employment within the public sector, the equality bodies might play
a key role, particularly in prevention of politically motivated
discrimination.
This paper examines the role of the Commission for Prevention and
Protection against Discrimination as a mechanism for promoting
equality and combating discrimination in North Macedonia. The
analysis focuses on employment and labour relations in the public
sector examining the broader European equality framework, thus
contributing to ongoing discussions related to the effectiveness of
non-judicial protection mechanisms as well as the institutional
capacity of equality bodies to address the regional phenomena of
politically motivated discrimination.
The research combines an analysis of the legal framework on
protection against discrimination related to political opinion and
political affiliation with an examination of 88 proceedings i.e. 93
complaints (Commission for Prevention and Protection against
Discrimination, n.d.-a) addressed to the Commission in the period
between 2021 and 2026. The focus in on the cases related to the
actual or perceived political affiliation, the evidence and standards
taken into consideration during the decision-making process, as
well as the patterns identified from the Commission’s practice. The
findings indicate that discrimination was found in 29 cases, while in 59 cases the discrimination had not been proven. The cases
predominantly concern public-sector institutions and are mostly
related to the recruitment process, dismissal from employment,
harassment at the workplace, promotion at work, and other forms
of unequal treatment in employment area.
The paper argues that the Commission as an equality body is
considered as a key institutional mechanism for ensuring protection
against discrimination i.e. political opinion and affiliation as a
protected ground. At the same time, the findings show challenges
related to evidence collection, implementation of the
recommendations, as well as institutional accountability, thus
highlighting the need to further strengthening equality
infrastructures based on European equality standards.
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