THE CONCEPT OF DISCRIMINATION AND OTHER CONCEPTS RELATED TO IT IN THE ALBANIAN LEGISLATION - COMPARATIVE OVERVIEW WITH THE EU DIRECTIVES IN THE ANTI-DISCRIMINATION FIELD

Abstract

The Albanian legislation offers a general protection of the human rights and especially of the principle of equality and non-discrimination. The Constitution of the Republic of Albania provides for the protection of the human rights and fundamental freedoms in a specific chapter. Should be emphasized that it is the Constitution itself that in some specific provisions aims to conduct the respect for the principle of equality and non-discrimination (mainly article 18, and also articles 16, 20), moreover that the limitations of the human rights and fundamental freedoms cannot exceed those provided in the European Convention for the Protection of Human Rights. With the adoption of the Law "For the Protection from Discrimination", non-discrimination and equal treatment in terms of the legal framework recognized a new level of protection of human rights. The approval of the law “On protection from discrimination” and the appointment of the Commissioner for Protection from Discrimination were considered as an achievement for Albania in the institutional framework as well as with regard to the anti-discrimination policies. Albania aims to be part of the EU countries and the alignment of domestic legislation with that of EU is a precondition to realize the integration processes. The Law "On Protection from Discrimination" is drafted in accordance with EU Directives in the field of non-discrimination: European Council Directive 2000/43/CE of 29 June 2000 on “Implementing the principle of equal treatment between persons irrespective of racial or ethnic origin”; European Council Directive 2000/78/CE of 27 November 2000 on "Establishing a general framework for equal treatment in employment and occupation”; European Council Directive 2004/113/CE of 13 December 2004 on “Implementing the principle of equal treatment between men and women in the access to and supply of goods and services”; European Directive 2006/54/EC of the European Parliament and of the European Council of 5 July 2006 on “Implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation”. What I want to realize through this paper is an analysis of the Albanian legislation on protection from discrimination in comparative overview with these Directives, but also the interpretations made by the European Court of Justice. This comparative analysis will be focused on basic concepts addressing discrimination cases, such as: grounds of discrimination, the meaning of the concept of "discrimination" and its forms, treatment of a reasonable justification of an unequal treatment compared to different forms of discrimination, the overthrow of burden of proof as a challenging concept in the implementation of the domestic anti-discrimination legislation and in the implementation of EU directives for the member states of this union