| Abstract [eng] |
One of the most fundamental and most applicable provisions of the principle is the principles of non-discrimination and equality. International and EU law, in developing and shaping the legal framework in this respect, has now set u guidelines and obligations for the states, to adapt the national legal system so that these principles can be assessed indirectly and carried out not only at the theoretical level but also practical. The paper presents the concept of equal opportunities and non-discrimination principles, forms of discrimination. According to the case law of the European Court of Justice, the development of the principle of non-discrimination has not stopped, and the ECJ interprets the principle broadly in its practice. The relationship between discrimination and positive discrimination is further distinguished, in addition to the implementation of the principles of gender equality and non-discrimination of employees on other grounds. The third part of the paper analyses the separate grounds of possible discrimination, as well as the practice of Lithuanian courts in resolving non-discrimination employment relations in the sense of substantive law, determing which grounds of discrimination prevail most often. The case law and procedural perspectives are also examined, noting certain non -discriminatory employment relationships according to their specific nature: the limitation of the principle of dispositivity, the court’s duty to act, the plaintiff’s duty to provide prima facie rights and the defendant’s duty to be denied. It is worth noting that these particuliarities are determined by the different situation of the parties to the legal relationship itself – the employee is recognized as the weaker part, therefore the material truth must be established, the process must be assessed according to the legal nature of the relationship. |
