PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation The European Union has helped to drive a process of equality law reform across the continent, as member States and States seeking accession bring their legislation into line with the equal treatment directives: in 2009, through the adoption of the Anti-Discrimination Act, Czechia became the last of the 27 European Union member States to adopt legislation to implement the requirements of the directives.101 Additionally, between 2008 and 2015, nine States on the continent – first Croatia, then Bosnia and Herzegovina, Serbia, Albania, Montenegro, North Macedonia, Ukraine, the Republic of Moldova and finally Georgia – adopted comprehensive (or nearly comprehensive) anti-discrimination laws.102 NORTH MACEDONIA: LAW ON PREVENTION AND PROTECTION AGAINST DISCRIMINATION One of the most recent pieces of equality legislation in Europe is the Law on Prevention and Protection against Discrimination enacted in May 2019 by North Macedonia; it replaced earlier legislation. On 14 May 2020, approximately one year after coming into force, the Law was stuck down by the Constitutional Court for procedural reasons – having been adopted without the majority required by article 75 of the Constitution. On 27 October 2020, the Law was readopted by Parliament, entering into force three days later, following its publication in the Official Gazette.103 Article 3 sets out the material scope of the Law, which applies to “all natural and legal entities”, in a non-exhaustive list of areas of life. Under article 3 (2) and (3) all “State authorities, bodies of local self-government, legal entities with public authorities and all other legal and natural entities” are placed under an obligation “to take measures or actions for [the] promotion and advancement of equality and prevention of discrimination”. Article 3 (4) of the Law further details the obligations of entities involved in data collection and processing. Article 4 contains a glossary of terms. Here, equality is defined as “the principle under which all people have equal rights”. Discrimination based on association and perception, and multiple and intersectional discrimination are also defined, alongside other key terminology, such as “reasonable accommodation”. Article 5 sets out the personal scope of law: prohibiting “any discrimination based on race, skin colour, national or ethnic origin, sex, gender, sexual orientation, gender identity, belonging to a marginalised group, language, nationality, social background, education, religion or religious belief, political conviction, other beliefs, disability, age, family or marital status, property status, health status, personal capacity and social status, or any other grounds”. Discrimination is defined under article 6 as “any distinction, exclusion, restriction or preference based on any discriminatory grounds, whether by doing or not, aimed at or resulting in preventing, restricting, recognising, enjoying or exercising the rights and freedoms of any person or group on an equal basis with the others”. This includes forms of direct and indirect discrimination, incitement and instruction to discriminate, harassment (including sexual harassment), victimization and segregation, which are defined, respectively, under articles 8–12 of the Law. It also includes, in article 6, denial of reasonable accommodation and accessibility measures. Positive action, adopted “with the sole purpose to eliminate unequal enjoyment of human rights and freedoms until the de facto equality of any person or group is achieved”, shall not be deemed to constitute discrimination provided that the requirements of article 7 are met. This provision contains an exception to the non-discrimination framework: differential treatment based on a particular ground may be permissible in situations in which it constitutes a “genuine and determining occupational requirement”, provided 12 101 Equal Rights Trust, “Czech Republic becomes last EU State to adopt anti-discrimination law”, 25 June 2009. 102 Croatia, Anti-Discrimination Act, 2008; Bosnia and Herzegovina, Law on Prohibition of Discrimination, 2009; Serbia, Law on the Prohibition of Discrimination, 2009; Albania, Law No. 10 221 on Protection from Discrimination, 2010; North Macedonia, Law on Prevention and Protection against Discrimination, 2010 (replaced in October 2020); Republic of Moldova, Law on Equality, 2012; Ukraine, Law on Principles of Prevention and Combating Discrimination in Ukraine, 2012; Georgia, Law on the Elimination of All Forms of Discrimination, 2014; and Montenegro, Law on Prohibition of Discrimination, 2014. 103 See also European Network of Legal Experts in Gender Equality and Non-Discrimination, “Flash report: North Macedonia”, 1 December 2020. Available at www.equalitylaw.eu/downloads/5306-north-macedonia-anti-discrimination-law-re-adopted-by-parliamentfollowing-annulment-by-the-constitutional-court-89-kb.