North Macedonia / Commission for Protection Against Discrimination / 07-1179/1

Country

North Macedonia

Title

North Macedonia / Commission for Protection Against Discrimination / 07-1179/1

View full Case

Year

2018

Decision/ruling/judgment date

Thursday, November 15, 2018

Incident(s) concerned/related

Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Human Rights Body

Court/Body

Commission for Protection Against Discrimination

Key facts of the case

The case concerns discrimination on grounds of religion or religious beliefs. A Muslim woman was refused service and asked to leave the restaurant 'Portofino Osteria' because she was wearing a religious headscarf known as a hijab. The woman reported the issue to the Helsinki Committee for Human Rights of the Republic of Macedonia. The case was then taken to the Commission for Protection against Discrimination, which ruled in favour of the woman, and confirmed the discrimination based on religion or religious beliefs.

Main reasoning/argumentation

The Commission for Protection against Discrimination argued that forbidding or refusing someone access to goods and services because of wearing the hijab is discrimination based on religion or religious beliefs. It was further argued that the refusal of services and goods as a result of any discriminatory action is covered by article 4 of the Law on Prevention and Protection against Discrimination. The wearing of religious headscarves is considered to be a basic human right by the Commission.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

One of the key issues was whether there had been a direct or indirect act of discrimination by the restaurant employees, such as forbidding or refusing someone access to goods and services because of wearing the hijab. This constitutes discrimination based on religion or religious beliefs. The Commission found that the restaurant management did not deny any of these allegations; it was clearly identified as a notorious act of direct discrimination.

Results (sanctions, outcome) and key consequences or implications of the case

The Commission for Protection against Discrimination ruled that within 30 days the restaurant and bar Portofino Osteria should remove any violation of the rights of the victim, with the recommendation not to act in a discriminatory way in the future. Also a mandatory part of the ruling requires the restaurant to inform the Commission regarding the implementation of the ruling.

Key quotation in original language and its unofficial translation into English with reference details

"Комисијата констатира дека подносителката на претставка е дискриминирана по основ на религија и верско уверување во областа на пристап до добра и услуги. [...] Ако однесувањето на вработените лица во ресторанот спрема подносителот е поради неговата религија и верско уверување, тоа би претставувало дискриминација. Тоа се утврдува и од фактичката состојба, односно со тоа што само после 10 минути е дозволен влез на другите лица кои што не носеле хиџаб и на истите не им била побарана резервација."

"The Commission notes that the applicant has been discriminated on grounds of religion or religious belief in the field of access to goods and services. [...] If the behaviour of the restaurant employees towards the applicant is because of her religion and religious belief, then it would consitute discriminatory behaviour. This can be considered as established based on the facts, since only 10 minutes later entrance was allowed to other persons not wearing a hijab and they were not asked for a reservation."

North Macedonia/ Commission for Protection Against Discrimination / 07-1179/1

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