Situation testing: A method of proving discrimination

One of the methods which led to change in some European countries when proving direct discrimination, and hence led to changing the legislation in order to accept this manner of proof as evidence in court proceedings for discrimination is Situation testing. This method is also used for conducting research, the results of which are further used for advocacy or lobbying for change of discriminatory practices or changes of legislation, raising the awareness of the public regarding certain discriminatory practice, as well as for monitoring and documenting the situation regarding discrimination. Encouraged by the positive effects of the employment of this method in other countries, and taking into consideration the fact that situation testing has not been used as means of evidence in the Republic of Macedonia, the need for the use of this method imposed itself, since in case it is efficiently implemented it can be used as means of evidence, not only in court representation, but also in the processes of lobbying and advocacy of certain groups before the relevant institutions.

Apart from the general methodology for use and implementation of the method of situation testing, this document also provides an insight into national and European legislation in the field of protection against discrimination, the decisions of the European Court of Human Rights and the Court of Justice of the European Union referring to cases of direct and indirect discrimination and the means of evidence employed to prove discrimination, considering the fact that our country is a candidate country for EU membership, and consequently is bound to align its legislation with the EU legal system, which, among other things, stipulates prohibition of discrimination.