Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes new section 6(a) of the Equal Opportunities Act concerning the burden of proof. The section provides that, when a person, who considers himself or herself to be wronged because a distinction within the meaning of the Act is made or will be made, establishes facts from which such a distinction may be presumed, it shall be for the respondent to prove that the Act has not been violated. It further notes that section 7:648 of the Civil Code, which prohibits discrimination against women, also has been amended accordingly. The Committee looks forward to receiving information on the implementation of the amended legislation and its impact on enforcement.

The Committee is raising related and other points on the application of the Convention in a request directly addressed to the Government.