Amendments to the Law on the Prohibition of Discrimination extend the number of prohibited grounds, introducing, among others, age as a personal characteristics based on which discrimination is explicitly prohibited.
This commentary focuses on the issue of prohibition of discrimination based on age, as compared to other personal characteristics on the basis of which discrimination is prohibited. The author points out that age discrimination is often prohibited in the sphere of employment and labor relations, and only sporadically in other areas. In addition, the scope of exceptions to the principle of equal treatment in this case is much wider than is the case with other personal characteristics. Thus, it is important for the courts to take into account whether there is an objective and reasonable justification for a different treatment on this basis. Referring to the relevant practice of the European Court of Human Rights and the Court of Justice of the EU, the author suggests some of the criteria to be taken into account when deciding in such cases.
The publication in local languages is available HERE.
The publication is published within the project “Equality for All: Civil Society Coalition against Discrimination“, and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.
This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this Commentary are the sole responsibility of the author and do not necessarily reflect the views of USAID or the United States Government.