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ACT

of 3rd December, 2010

on the implementation of some regulations of European Union

regarding equal treatment

 

Chapter 1

General provisions 

Art. 1. The Act specifies areas and methods of counteracting violations of equal treatment rule due to sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age or sexual orientation, and competent authorities with respect thereto.

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Art. 5. The Act shall not apply to:

1) sphere of private and family life and legal actions that remain related with these spheres;

2) contents included in mass media and advertisements in the scope of access to and delivery of commodities and services, with respect to different treatment due to sex;

3) freedom of choice of the party to an agreement, provided that such choice is not based on sex, race, ethnic origin or nationality;

4) educational services in the scope related to different treatment due to sex;

5) different treatment due to sex regarding access to and use of services, objects and procurement of rights and energy if the provision thereof exclusively or mainly for representatives of one sex is objective and rationally substantiated with a legitimate objective, and means of accomplishing this objective are proper and necessary;  

 

Chapter 2

Principle of equal treatment and legal measures for its protection

Art. 6. Unequal treatment of natural persons due to sex, race, ethnic origin or nationality with regard to the access to and conditions of use of social security, services, including residential services, objects and procurement of rights and energy, provided they are offered publicly, shall be prohibited. 

Art. 7. Unequal treatment of natural persons due to race, ethnic origin or nationality, in the scope of medical care and education and higher education shall be also prohibited.

Art. 8.

1. Unequal treatment of natural persons due to sex, race, ethnic origin, nationality, religion, denomination, belief, disability, age or sexual orientation shall be prohibited in the scope of:

1) professional education, including continuation of education, improvement, change of profession and professional practices;

2) conditions for taking and conducting business or professional activity, including, but not limited to the employment relationship or work under a civil-law contract;

3) joining and acting in trade unions, employers’ organizations and professional selfgoverning associations, and also exercising rights to which members of these organisations are entitled;

4) access to and conditions of use of labour market instruments and labour market services, specified in the act of 20th April 2004 on the promotion of employment and labour market institutions, offered by labour market institutions and labour market instruments and labour market services offered by other entities acting for the employment, development of human resources and prevention of unemployment.

2. Unequal treatment due to religion, denomination, belief, disability, age or sexual orientation in the scope of application of measures necessary in the democratic state for its public safety and order, protection of health or protection of freedom and rights of other persons and prevention of actions subject to penal sanctions, in the scope specified in other provisions, shall not constitute violation of prohibition, referred to in section 1. 

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