COMMISIONER FOR PROTECTION AGEINST DISCRIMINATION: A COMPARATIVE ANALISIS IN THE CONTEXT OF ENSURING AGE EGUALITY

Abstract

The article considers the activity of the Commissioner for Protection against Discrimination. Particular attention is paid to comparative analysis in the context of guaranteeing age equality. In the framework of this scientific article we will turn to the experience of two countries – Albania and Latvia. Here, the guarantee mechanism is reduced to the existence of a special Commissioner who deals with anti-discrimination and equality. Consideration of foreign experience made it possible to state the effectiveness of the institution of a special Commissioner for Combating Discrimination. Its effect extends to a wide area and includes both private and public relations. The main authority is to consider situations of violation of the principle of equality on any grounds, which is known from the appeals of applicants, competent authorities and independent work. The investigation procedure involves gathering information on the matter, inspection or hearing. After analyzing the facts gathered on the basis of the investigation procedure, the Commissioner issues a decision within 90 days from the date of registration of the complaint. The Commissioner conducts an administrative investigation after receiving reliable information about violations of the law, imposes administrative sanctions and files a lawsuit to protect the principle of equality and non-discrimination on issues related to collective interests. The efficiency of work is ensured not only by the possibility of ascertaining the violation, but also by the application of administrative sanctions to the offender. The Commissioner carries out activities to improve legislation and bring acts issued by public authorities in line with international and constitutional requirements (through an appeal to the Constitutional Court – Albania; individual consideration of the Commissioner – Lithuania). It is proved that this form of institutional guarantee is endowed with the ability to overcome the problems of multiple discrimination. Monitoring activities, analysis of statistics, public sentiment, public opinion polls and preventive and explanatory work are also important powers of a specialized ombudsman.