burden of proof


If a person files a legal complaint, it is in principle up to her or him to prove that she/he has been a victim of discrimination (‘burden of proof’). In the area of equal treatment between women and men, Council Directive 97/80/EC of 15 December 1997, based on the case law of the Court of Justice of the European Union, shifts the burden of proof between the parties (defendant and complainant). 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 (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).

Propose an update


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

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