LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN

Transcription

1 LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN

2 The equality between women and men is a human rights issue and a condition for social justice, and at the same time it is necessary and fundamental precondition for equality, development and peace. The changed partnership based on the equality of women and men is a condition for sustainable development in the center of which are the people. A sustainable and long term dedication is needed for women and men to be able to work together for themselves, for their children and for the society to meet the challenges existing in the 2-st century. The Republic of Macedonia is on the right path when it comes to creation of the equal opportunities for women and men in all of the segments of the social life. In May 2006 the Assembly of the Republic of Macedonia adopted the Law on Equal Opportunities for Women and Men as an additional mechanism to reach the goal of creation of equal opportunities for women and men. The Law was proposed and all of the required pre-adoption activities were carried by the Ministry of Labour and Social Policy in coordination with the Unit for the Promotion of the Gender Equality. The preparation process of the law was fully transparent with the inclusion of the representatives of the relevant ministries, as well as representatives of the non-governmental organizations and local government, who had the opportunity to supply their suggestions and remarks regarding the draft law. The preparation of the Law was financially supported by the Government of the Kingdom of Norway through the signed Memorandum on Bilateral Cooperation between the Government of the Republic of Macedonia and the Government of the Kingdom of Norway. Now, as the Law is adopted, the Ministry of Labor and Social Policy through the Unit for the Gender Equality will direct its activities toward its successful implementation. The future activities will be fulfilled in partnership will all of the stakeholders whose job is to implement the Law, and by inclusion of the non-governmental organizations working in the field of creating equal opportunities for women and men. In September 2006 at the Assembly of the Republic of Macedonia a Commission for Equal Op-

3 portunities for Women and Men was created for the very first time. The formation of this Commission means an implementation of the Article 11, Paragraph 1 of the Law on Equal Opportunities of Women and Men. As required by the Article 16, Paragraph 2 from the Law in the framework of the local government units the process of formation of the Commission for Equal Opportunities for Women and Men has begun, as well the appointment of the coordinator on equal opportunities for women and men in the local government. Since July 2006, the Unit for the Promotion of the Gender Equality started with the implementation of project Revision of the National Action Plan on Gender Equality and the preparation of the new draft of the National Action Plan. This project is implemented with the support of the OSCE Mission in Skopje. In regard to the time framework of the of the project, it is expected that the draft National Action Plan on Gender Equality will be finished by December 2006, and after the implementation of the roundtable discussions and the public discussion on the draft text, which would mean partaking of the all relevant institution and non-governmental organizations, the draft text will be adopted by the Government of the Republic of Macedonia by July 2006 and resent for adoption to the Assembly of the Republic of Macedonia. At the end, allow me to thank the Government of the Kingdom of Norway and to all of the other international institutions for their preparedness in promoting the gender equality and in supporting the activities of the Ministry of Labor and Social Policy in the process of preparation and adoption of the Law on Equal Opportunities between Women and Men, as well as the process of its implementation. Ljupco Meskov, Minister of Labor and Social Policy

4 UNIT FOR THE PROMOTION OF THE GENDER EQUALITY Upon the January 1997 Executive Order of the Government of the Republic of Macedonia, the Unit for the Promotion of the Gender Equality (UPGE) in the framework of the Ministry of Labor and Social Policy was created. The basic function of UPGE is to influence in a positive manner toward the promotion of the status of women and to promote the gender equality according to the international conventions ratified by the Republic of Macedonia, securing the women a full enjoyment of the human rights. This function of UPGE is carried out by initiating specific activities from the National Action Plan on Gender Equality adopted by the Government of the Republic of Macedonia in 1999 to accomplish its goals and priorities. Also, UPGE coordinates the activities in the area of gender equality on the Government institutions level, through evaluation of the laws, acts and decisions proposed by the Government of the Republic of Macedonia by giving its own proposals and initiatives to overcome the problems facing the women in Macedonia. At the same time, UPGE cooperates and supports a large number of activities initiated by the non-governmental organizations. By the adoption of the Law on Equal Opportunities of Women and Men, one of the basic jurisdictions of UPGE is implementation of the Law, as well as following and overseeing the implementation of this law. Contact information: Unit for the Promotion of the Gender Equality 14, Dame Gruev Str Skopje Telephone/Facsimile: 02/ Tel: 02/ ; 02/ egrozdanova@mtsp.gov.mk, jtrencevska@mtsp.gov.mk

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6 LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN Official Gazette of the Republic of Macedonia, Issue 66/06, from 29. May, GENERAL PROVISIONS Article 1 (1) This law regulates the basic and the special measures for establishing equal opportunities for women and men, the jurisdictions, the tasks and the obligations of the parties responsible in securing equal opportunities, the procedure for identifying the unequal treatment of the women and men, the rights and duties of the Attorney for equal opportunities on women and men (Attorney, from now on), as an appointed person for implementation of the procedure for identifying unequal treatment of women and men, as well as the rights and the obligations of the parties taking part in such procedure. (2) The issues of importance in establishing the equal opportunities of women and men are regulated by this and other laws. Goal of the Law Article 2 (1) The goal of this law is to promote the principle of establishing equal opportunities for women and men in the political, economic, social and educational areas, as well as other areas of the society. (2) The establishment of the equal opportunities is an obligation of the entire society, and represents a removal of the barriers for establishing and achieving equality between women and men, through prevention and removal of the unequal treatment of women and men and establishment of conditions for introduction of equal participation of women and men in all of the society segments. 10

7 Article 3 Prohibition of Discrimination in the Society The discrimination on the basis of sex in the public and the private sector in the areas of employment and labor, education, social security, culture and sports, according to this or other laws is forbidden. Article 4 Definitions Certain expressions used in this law have following meaning: 1. Equal opportunities for women and men upon dignity and right means promotion of the rule of introduction of equal participation of women and men in all areas of public and private sector, equal status and treatment in the exercise of all rights, and in the development of their individual potentials through which they contribute in the society s development, as well as equal benefits from the results of such development; 2. Equal treatment means absence of direct or indirect discrimination on the basis of sex according to this or other law; 3. Discrimination means any differentiation, misuse or limitation on the basis of sex, which endangers or disallows practicing or protection of the human rights and liberties; 4. Direct discrimination means creating unequal treatment with regulations or deeds of certain subjects depending on the sex in same or similar situations in the exercising, respect and protection of the human rights and liberties; 5. Indirect discrimination means creating unequal treatment of persons of different sex with LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 11

8 regulations, standards or behavior, which formally provides equal opportunities or are neutral on the surface, but are implemented differently according to gender, except if it is of interest and it is necessary in securing special protection or if it is caused by objective conditions and circumstances not connected to sex; 6. Harassment means any improper, immoral or indecent behavior, injury to personal dignity and causes intimidation, repulsion, degradation, humiliation or abusive behavior, and 7. Sexual harassment means any verbal, non-verbal or physical behavior of sexual nature, representing injury to the personal dignity, especially when it causes intimidation, repulsion, degradation, humiliation or abusive behavior. 2. TYPES OF MEASURES FOR THE ESTABLISHMENT OF EQUAL OPPORTUNITIES Article 5 Basic Measures (1) Basic measures for the exercising of the principle of equal opportunities include normative measures from various areas forbidding discrimination on the basis of sex and provides obligation for the stakeholders stated by this law for care and building conditions for securing equal treatment in the implementation and protection of the rights and liberties and with which sanctions are provided for the disrespect of the requests and disrespect of the prohibitions. (2) Besides the measures from the paragraph (1) of this article, the basic measures are also those connected to creation and implementation of the policies, functions and jurisdictions of the legislative, executive and the judicial governments, the local government, the institutions to which 12

9 activities of public interest are endowed under a law, citizen associations and foundations, educational institutions, institutions working in the fields of social protection, health institutions, scientific and cultural institutions, political parties and the media, directed toward establishing equal opportunities from the viewpoint of informing the individuals and the public, activity programs and development strategies for the special areas of the society. Article 6 Special Measures (1) Special measures are measures directed toward establishing equal opportunities, as well as promotion and promotion of equal opportunities in the special areas of the society. (2) The special measures from the paragraph (1) of this article are directed toward the removal of the objective obstacles to reach the implementation of the principle of equal participation of women and men or unequal status of persons of one instead of other gender, as well as to give a special contribution in the form of encouraging the participation of the less represented gender or elimination of the possibilities that contribute toward unequal status based on sex. (3) The special measures from the paragraph (1) of this article include: - positive measures that give priority, in case of unequal participation of women and men in the governing institutions on all levels, including the judicial, legislative and executive branch of Government, the local government, as well as all other public institutions and services, the political functions, commissions and boards, including participation in the bodies that represent the state on international level, while the equal participation is achieved. Unequal participation of women and men exists when the women and men represented in the governing institutions on all levels, including the judicial, legislative and executive branch of Government, the local governments, as well as all other public institutions and services, the political functions, com- LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 13

10 missions and boards, including participation in the bodies that represent the state on international level, is lower then 40%. - encouraging measures, which are directed toward securing special incentives or benefits to eliminate the unequal participation of women and men or the unequal status based on sex, and - program measures directed toward raising the awareness, organization of activities and establishing and implementation of action plans to boost and promote the equal opportunities. 3. ADOPTION OF SPECIAL MEASURES FOR ESTABLISHING EQUAL OPPORTUNITIES Article 7 Adoption of Special Measures The special measures are adopted in the areas of education, employment, professional life, public and political activity and in the other areas in special framework of the society where the basics from the article 6 of this law are given for their inclusion and implementation. Article 8 Adoption of the Positive Measures (1) The positive measures from the Article 6 of this law are adopted by the bodies of the legislative, executive and judicial branches of the government according to the organizational setup and the working modes, by the other institutions of the public sector, the public enterprises, 14

11 political parties and the civil sector. (2) The institutions from the paragraph (1) of this article are required to take positive measures in the framework of the periodical plans for promotion the gender equality and to establish equal opportunities based on analyses of the status of women and men in the framework of their field of work. Article 9 Adoption of Encouragement and Program Measures (1) The institutions from article 8, paragraph (1) of this law in the framework of their jurisdictions according to this law, as well as on the basis of the organizational setup and the way of work, adopt encouragement and program measures. (2) Encouragement and program measures can be adopted on the basis of documents prepared upon the grounds of this law, as well as on the basis of documents of the institutions of the legislative, executive and judicial powers, other institutions of the public sector, the public enterprises, political parties and other institutions depending on the nature and content of the area of their work. Article 10 Measures in the Process of Education and Professional Training for Establishing Equal Opportunities. (1) The education for establishing equal opportunities represents an integral part of the system of education and professional training, which should secure preparedness of women and men for LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 15

12 active and equal participation in all of the areas of the society. (2) The institutions of the state administration under jurisdiction for implementation of the activities in the area of education and labor, the institutions working in the areas of education and professional training are required to secure equal treatment of women and men, especially concerning the access to education. (3) During the preparation, the adoption and the implementation of the programs for education and professional training, the preparation of the textbooks and supporting materials for the teaching process, during the inclusion of the organizational innovations and the modification of the pedagogic methods and adult education methods, it is needed to establish mechanisms for the removal of the prejudices and stereotypes in connection to the establishment of equal opportunities. (4) The institutions from the paragraph (2) of this article are required to install a system of measures for elimination of the unequal treatment of women and men. 4. INSTITUTIONS RESPONSIBLE FOR ADOPTION AND EXECUTION OF MEASURES FOR IMPLEMENTATION OF EQUAL OPPORTUNITIES AND THEIR OBLIGATIONS Article 11 Assembly of the Republic of Macedonia (1) The Assembly of the Republic of Macedonia (The Assembly further on) adopts a National Action Plan on equal opportunities for women and men and decides on the composition and the 16

13 jurisdictions of the Commission for equal opportunities of women and men. (2) The Assembly is required to respect the principle of equal participation of women and men during the selection of the members of the working bodies and during the appointment of the members of its delegations for cooperation with international organizations and with the parliaments of other countries. Article 12 The Government of the Republic of Macedonia (1) The Government of the Republic of Macedonia (The Government further on) in the framework of its jurisdictions takes care for the promotion and implementation of the equal opportunities and the achievement of the goals of this law through mechanisms of basic and special measures stated in this law. (2) The Government is required to foresee equal participation of women and men in the makeup of its working bodies and delegations, consultative, coordinative and other bodies, as well as during the appointment of the Attorneys in the public enterprises and institutions. Article 13 The Government Administration Institutions (1) The ministries are obliged to cooperate with the employer associations, the unions and the citizen associations active in the field of equal opportunities with a goal of securing proposals and measures to accomplish the goals of the law. (2) The ministries are required to submit for a review all of the materials dealing with the issues LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 17

14 of importance for the accomplishment of the goal of this law to the Ministry of Labor and Social Policy before submitting them to the Government review, final drafting and adoption. (3) The ministries are required to name an official Coordinator, which will coordinate the activities in the jurisdiction of the ministry for the implementation of the equal opportunities. (4) The coordinator from the paragraph (3) of this article is responsible for the implementation of the duties in the jurisdiction of the ministry for the establishment of equal opportunities in the spirit of this law and to cooperate with the Ministry of Labor and Social Policy. (5) The coordinator from the paragraph (3) of this article is required to submit a report about his/her work once a year to the Ministry of Labor and Social Policy. Article 14 Ministry of Labor and Social Policy (1) The Ministry of Labor and Social Policy has the following scope of duties regarding the equal opportunities of women and men: - takes care about the promotion of the status of women and men in all of the areas of the society; - takes care for the introduction of the principle of equal opportunities in the mainstream of the reorganization, promotion, development and the evaluation of the political processes on all levels and in all phases at national and local level; - provides opinion on the application of the positive measures in the special areas of the life of the society; - submits draft reports to the Government or to the appropriate ministries on the adoption or modification and amendments to the laws and other acts of importance to the issue of implementation of equal opportunities, as well as the adoption of other measures; 18

15 - drafts the proposal of the National Action Plan on equal opportunities of women and men and follows on its implementation; - follows, in cooperation with the Ministry of Foreign Affairs, the implementation of the international agreements concerning the equal opportunities and the promotion of the status of women; - prepares national reports based on the reports from the article 13, paragraph (5) of this law on the implementation of the international obligations of the Republic of Macedonia in the area of equal opportunities; - prepares analyses, reports and other documents concerning equal opportunities; - cooperates with the coordinators in the institutions of government administration, as well as the coordinator and the commissions for equal opportunities established under the auspices of the local government; - cooperates with the citizen associations active in the field of equal opportunities; - submits an annual report on its activities to the Government, by the end of April at latest for the previous year. (2) The Ministry of Labor and Social Policy provides opinion on the periodical plans from the article 8, paragraph (2) of this law, if the adoption of the positive measures is justified and in accordance with the article 6 of this law. (3) The Ministry of Labor and Social Policy executes control over the implementation of the positive measures in the areas in which they are introduced. (4) The institutions which have introduced positive measures are required to submit a report to the Ministry of Labor and Social Policy on the implementation of the measures in the accordance with the National Action Plan on equal opportunities of women and men. (5) The Ministry of Labor and Social Policy provides and opinion to the institutions from the Article 8, paragraph (1) of this law for the adoption of positive measures in the areas of the society in which unequal participation of women and men, or unequal status of the members of one gender exists. LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 19

16 Article 15 The Ombudsman In the framework of the legally stated jurisdictions, The Ombudsman will take care about the implementation of the principle of equal opportunities through the legal protection of the equal opportunities of women and men when somebody s rights are taken away or limited by an institution of the government administration or by organizations bearing public jurisdictions. Article 16 Units of Local Self Goverment (1) To accomplish the goals of this law in the framework of its jurisdictions, the local governments are required to establish and promote the equal opportunities and to respect the principle of equal opportunities when adopting measures and implementing activities required for the establishment of equal opportunities. (2) The units of local self goverment are required to establish a commission on equal opportunities and to appoint an official from the rank of the employees or other persons competent enough and having the needed expertise to fulfill the obligations of the coordinator for equal opportunities for women and men, to participate in the preparation of the National Action Plan for equal opportunities for women and men in the areas concerning local jurisdictions. (3) The Commission on equal opportunities at the local level from the paragraph (2) of this article is formed as a regular body by the decision of the council of the local government, and its composition, jurisdictions, tasks and obligations are set by the statutes of the local government. (4) The bodies and the institutions of the local government, when adopting the development plans and other acts and decisions, are required to go over and take into consideration the pro- 20

17 Article 17 posed measures and activities by the Commission for equal opportunities and the coordinator of equal opportunities. (5) The institutions of the local government are required to cooperate with the employer associations, unions, nongovernmental organizations and the citizen organizations active in the field of equal opportunities in order to secure proposals and measures to accomplish the goal of the law. The Commission on equal opportunities from the article 16 of this law is required to submit a report to the Ministry of Labor and Social Policy at least once a year regarding its work. Article 18 The Political Parties (1) The political parties in the framework of their program policies adopt a plan on equal opportunities every two years in which they set the methods and the measures for the promotion of the equal participation of women and men in the institutions of the parties, on the candidate lists for the local elections, parliamentary elections and presidential elections. (2) The political parties submit the proposal of the plan for equal opportunities before its adoption to the Ministry of Labor and Social Policy in order to obtain an opinion. (3) After the plan for equal opportunities is adopted, the political parties submit it to the Ministry of Labor and Social Policy for follow up and analyses purposes. LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 21

18 Article 19 The Media (1) The media need to contribute in the development and the raising of the awareness of the equal opportunities through their programmatic concepts, as well as for the equal participation of women and men in the creation of the programmatic concepts and contents. (2) The way of public display and the presentation of a person in the media needs not be insulting, derogatory and humiliating, regarding the person s sex. Article 20 Presentation of Statistical Data The Assembly, the Government, the institutions of the state administration, the juridical bodies and other state institutions, the institutions of the local government, the registered entities, which are being given jurisdictions in performing activities of public interest by the law, citizen associations, foundations, public companies, educational institutions, institutions working in the area of social protection, health institutions, political parties, the media, companies and other institutions required by law to collect, archive and manage statistical data, are required to present this data on human resources according to gender participation. 22

19 5. NATIONAL ACTION PLAN FOREQUAL OPPORTUNITIES OF WOMEN AND MEN (NAPEO) Article 21 (1) The Government proposes to the Assembly a National Action Plan on equal opportunities for women and men (action plan further on) on the basis of the suggestions of the institutions of the stat administration, the sector in charge, the institutions of the local government, employer associations, unions, citizen associations and other organizations and individual experts. (2) The action plan contains the basic tenets on equal opportunities in accordance with the content of the long term programmatic documents, and especially: - the directives and the measures in accomplishing the goals in the special areas of the society, firstly in the area of employment, social security and health protection, education, family relationships and the participation of women and men in the public life; - the responsibility for the implementation of the measures to accomplish the goals; - the content, the responsible institutions and the individuals in the preparation and the implementation of the periodical plans, being in line for the implementation of the tasks from the action plan in the special areas of the society; - the data being collected and managed are connected, kept, analyzed and presented separately by sex structure in the framework of the activities of the State Statistical Office; - the method of the follow up and reporting about the application of the action plan; - the necessary resources for the application of the measures from the action plan, sources and the ways for securing such funds. LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 23

20 Article 22 Periodical Plans for the Implementation of the Action Plan (1) The periodical plan for the implementation of the action plan is an act in which planned activities are established for the special areas of the life of the society in a period of two years. (2) The Ministry of Labor and Social Policy is required to prepare a proposal on a periodical plan based on the suggestions of the institutions of the state administration, contained in the reports from the previous two year period and to submit them to the Government for adoption. (3) The institutions of the state administration are required to submit the reports from the paragraph (2) of this article to the Ministry of Labor and Social Policy at latest two months prior to the deadline of the validity of the previous periodical plan. (4) The Government prepares a report about the implemented measures and activities from the action plan once a year and makes it available to the public. 6. PROCEDURE FOR ESTABLISHING UNEQUAL TREATMENT OF WOMEN AND MEN Article 23 The Person Appointed in Leading the Procedure (1) The procedure based on written initiative submitted by individuals, citizen associations, unions and other legally registered entities to establish the unequal treatment of women and men (the procedure further on) is performed in the Ministry of Labor and Social Policy. (2) The procedure in the Ministry of Labor and Social Policy is performed by a Attorney. 24

21 (3) The Attorney is a person employed as a civil servant in the Ministry of Labor and Social Policy in charge of performing procedures in establishing unequal treatment of women and men. Article 24 Initiating the Procedure (1) The procedure is initiated by submitting a written initiative to the Attorney. (2) The Attorney can start a procedure by its own initiative. (3) The right for submitting written initiative to initiate a procedure in front of the Attorney is given to individuals, citizen associations, unions and other legally registered entities regarding an adopted act or action taken by the institutions from the public and the private sector, with which opposite action from the prohibition stated in the article 3 of this law is performed. (4) The leading of the procedure is free of charge. (5) The provisions for the protection of the secrecy of the personal data are applied during the proceedings. Article 25 Initiative for the Initiation of the Procedure (1) The initiative from the article 24 of this law is submitted in written form as soon as possible, or at latest one year after the abuse was delivered. (2) The Attorney can start a procedure after the deadline from the paragraph (1) of this article if it is established that the case in point is of such importance that it is necessary and appropriate to implement the procedure. LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 25

22 Article 26 Non-initiation of the Procedure The Attorney for equal opportunities will not initiate a procedure upon initiatives in written form when it is obvious that there is no case of unequal treatment of women and men in the spirit of this law, for which the petitioner will be informed upon 30 days of the receiving of the initiative. Article 27 The Course of the Proceedings (1) The procedure in run in written form. (2) Upon exemption, the Attorney may invite the parties involved in the case of unequal treatment of women and men for a meeting, if it is established that that would be beneficial in resolving the case. (3) The Attorney may request from the party against whom the procedure is initiated to establish an unequal treatment of women and men to submit a written explanation in a period of 15 days after such explanation is requested. (4) If the party from the paragraph (3) of this article does not submit the requested explanation, the Attorney will give its opinion on the basis of the information at disposal. 26

23 Article 28 Obligation of Cooperation with the Attorney The parties approached by the Attorney are required to submit the requested documents and information, as well as give necessary explanations. Article 29 The Duration of the Procedure (1) The procedure needs to be implemented in a period of 60 days beginning from the day of submitting the written initiative. (2) The deadline from the paragraph (1) of this article may be postponed for another 30 days, if the complexity of the case demands so. Article 30 Termination Procedure The Attorney will stop the procedure upon written request of the petitioner if the petitioner is not interested in further pursuing the issue or because of the lack of documents, evidence and information the procedure cannot be brought to end. LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 27

24 Article 31 Written Opinion (1) The procedure is finished by submitting a written opinion in which the state of facts is established by the Attorney and his/her opinion on the circumstances of the case are included in the sense is there an unequal treatment of women and men according to this law. (2) The Attorney submits the written opinion to the parties included in the case. (3) In the written opinion from the paragraph (1) of this article the Attorney can state the irregularities established in the specific case and give recommendations for their removal, as well as request from the party against which the procedure for unequal treatment of women and men was initiated in a set timeframe to take measures and inform back of their implementation. Article 32 Annual Report Every year, up to 31 March at latest for the period of the previous year, the Attorney prepares a report on its activities, which is then submitted to the ministry of Labor and Social Policy. 28

25 7. LEGAL PROTECTION OF DISCRIMINATED PERSONS Article 33 Cases Requiring Further Action (1) The Attorney submits a written opinion from the Article 31 of this law to the inspection institution in charge, the ombudsman or other institution whose jurisdictions include oversight of the implementation of the provisions of the law dealing with the issue of equal opportunities in cases when the party against which a procedure was initiated for unequal treatment failed to remove the established irregularities in accordance to the written opinion of the Attorney or if the Attorney was not informed by the party against whom the procedure was initiated in establishing the unequal treatment about the measures instituted in the required period, when the case, according to the opinion of the Attorney, contains all of the features of discrimination according to this law. (2) The inspection institution in charge from the paragraph (1) of this article is considered the one which performs the oversight over the implementation of the laws and bylaws, collective agreements, as well as general acts according the law in cases when certain activities occur that represent discrimination in accordance to the provisions of this law. LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 29

26 Article 34 Article 35 Article 36 Jurisdictions of the Inspection Institutions (1) If the inspection institution in charge establishes that in the case for which the Attorney has given a written opinion that this law is not implemented, as well as other laws dealing with equal opportunities, it adopts a decision which orders that the recommendations of the Attorney need to be implemented in a period set by the inspection institution in charge, a period that cannot be longer that 30 days from the day such decision was adopted. (2) The decision from the paragraph (1) of this article is submitted by the inspection institution in charge to the party to whom the opinion of the Attorney is submitted in the specific case in which the inspection control is executed and to the Attorney in a period of 15 days from the day of the adoption of the decision. (1) Against the decision of the inspection institution in charge an appeal to the Commission of the Government in charge can be submitted in a period of 8 days after receiving the decision. (2) The appeal from the paragraph (1) of this article does not postpone the implementation of the decision. (3) The decision upon the appeal is adopted in a period of 15 days after receiving the appeal. (1) If the inspection institution in charge finds that by breaking this law or the other laws regulating the equal opportunities a misdemeanor or a felony was committed, it is required without further delay to issue a request for the initiation of misdemeanor proceedings or to bring criminal charges. (2) The institution to which the request or charges were submitted from the paragraph (1) of this 30

27 article is required to submit its decision to the inspection institution in charge. Article 37 Legal Protection In case of disrespecting the discrimination ban as stated in article 3 of this law, the person believing that with a certain act or activity some of his/her rights are not respected in regard to the person s gender, he/she has a right to seek protection of his/her rights in government and in court procedure in a way and under the conditions regulated by the law. Article 38 Damage Compensation A person to whom certain right on the basis of gender was denied, and a decision for such denial with an act or a deed from the institution in charge or other legally registered entity was reached, has the right to seek damages compensation according to the Law on Obligatory Relations. Article 39 Burden of Proof (1) When a person considers him/herself being a victim of discrimination brings forward facts from which it can be assumed that there was a discrimination act, then the person being ac- LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 31

28 Article 40 cused of perpetrating such an act has the obligation to prove that he/she has not broken the principle of equal treatment. (2) The rule from the paragraph (1) of this article is not applied in criminal proceedings. The citizen associations, the associations of employers and the unions can represent the persons from the article 39, paragraph (1) of this law, upon their request, in the proceedings in front of government administration institutions when they were started in order to protect the rights when they were denied or limited on the basis of gender. 8. SUPERVISION OVER THE ENFORCEMENT OF THE LAW Article 41 The Ministry of Labor and Social Policy has the control over the implementation of the provisions of this law, as well as other laws and regulations concerning issues important to creating equal opportunities. 32

29 9. PUNISHMENTS Article 42 Article 43 The institutions, which before the beginning of the implementation of the positive measures from the article 8 of this law, fail to submit the periodical plans for establishing and the promotion of the equal opportunities to the Ministry of Labor and Social Policy in order to get initial opinion or do not submit the requested documents and information to the Attorney, will be punished for a misdemeanor with a cash amount of to denars. The person in charge in the ministries and in the bodies of the local government which will not appoint a coordinator for equal opportunities according to the obligations from the article 13, paragraph (3) and the article 16, paragraph (2) of this law will be punished for a misdemeanor with a cash amount of to denars. 10. TRANSITIONAL AND FINAL PROVISIONS Article 44 (1) The Ministry of Labor and Social Policy will appoint a Attorney on equal opportunities for women and men in a period of 6 months from the day this law comes in force. (2) The institutions of the government administration will appoint a coordinator from the article 13 of this law in a period of 3 months from the day this law comes in force. (3) The bodies of the local government will form a commission on equal opportunities and ap- LAW ON EQUAL OPPORTUNITIES ON WOMEN AND MEN 33

30 Article 45 point a coordinator on equal opportunities in a period of 6 months from the day this law comes in force. (4) The institutions of the government administration, other institutions of the state, the bodies of the local government, the legally registered entities to whom implementing activities of public interest is assigned by law, the citizen associations, public enterprises, educational institutions, institutions working in the field of social security, health institutions, political parties, the media, and the scientific and cultural institutions stated in this law deliver plans of activities with special measures to the Ministry of Labor and Social Policy in a period of 1 year from the day this law comes in force. This law comes in force on the eighth day after the day of the publication in the Official Gazette of the Republic of Macedonia. 34

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33 INSTITUTIONAL MECHANISMS FOR THE PROMOTION OF THE EQUAL OPPORTUNITIES ON WOMEN AND MEN AT NATIONAL AND LOCAL LEVEL 37

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35 Government of the Republic of Macedonia Ministry of Labor and Social Policy Government administration institutions (Ministries) Unit for the Promotion of the Equality of Women and Men Women and Men Equal Opportunity Coordinator Assembly of the Republic of Macedonia Women and Men Equal Opportunities Commission Local Government Unit (LGU) Women and Men Equal Opportunities Commission at the LGU Council Women and Men Equal Opportunities Coordinator at the Local Government 39

36 Ministry of Labor and Social Policy Unit for the Promotion of the Gender Equality (UPGE) Elena Grozdanova - UPGE Head Jovana Trencevska - UPGE Advisor Telephone/Facsimile: 02/ Telephone: 02/ ; 02/ egrozdanova@mtsp.gov.mk jtrencevska@mtsp.gov.mk The Preparation and the printing of this brochure is a part of the project titled Preparation of the Law on Equal Opportunities for Women and Men. This project is implemented by the Ministry of Labor and Social Policy Unit for the Promotion of Gender Equality and supported by the Government of the Kingdom of Norway. 40

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38 The establishment of equal opportunities is a requirement of the society as a whole and represents a removal of the obstacles for the realization of the equality of the women and men, through prevention and removal of the unequal treatment of the women and men, as well as creation of the conditions to introduce equal representation of the women and men in all of the spheres of the social life (Law on Equal Opportunities for Women and Men, Article 2, Paragraph 2) 42

39 43

40 Women and Men Equal Opportunities for Women and Men Equal Opportunities for Women and Men 44

41 Zakon za ednakvi mo`nosti na `enite i ma`ite Zakon za ednakvi mo`nosti na `enite i ma`ite Law on Equal Opportunities on Women and Men Law on Equal Opportunities on Women and Men 45