burden of proof

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Definition

legal complaint where persons consider themselves wronged by failure to apply the principle of equal treatment, and where there is a prima facie case of discrimination, it is for the defendant to prove that there has been no contravention of the principle.

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Source(s)

(1) European Commission (1998). 100 Words for Equality: A Glossary of Terms on Equality between Women and Men.

(2) Judgement of 17 October 1989 in Case C 109/88, Danfoss (ECR, p. I-3199, paragraph 16); Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex).

URI: http://eige.europa.eu/taxonomy/term/1054