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2 Adam Mickiewicz University Law Review

2 Tyc A.

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The principle of the reversal of the burden of proof in anti-discrimination cases in the context of the Court of Justice of the European Union C-81/12 and C-415/10

100%

Tyc A.

tom 5

225-233

The author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a personpresenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12).

The author of the article refers to two judgements of the Court of Justice of the European Union, which relate to the principle of the reversal of the burden of proof in anti-discrimination cases. She focuses on the facts, from which it may be presumed that there has been discrimination. It cannot be ruled out that a defendant’s refusal to grant any access to information may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been direct or indirect discrimination (C-415/10). Public statements ruling out the recruitment of a footballer presented as being homosexual are considered to be “the facts from which it may be presumed that there has been discrimination, even though they come from a person presenting himself and being perceived in the media and among the general public as playing a leading role in that club without, however, necessarily having legal capacity to bind it or to represent it in recruitment matters (C-81/12).

Migrant Domestic Workers in Europe: the Need for a Better Protection

100%

Tyc A.

tom 7

141-157

Migrant domestic workers are estimated at approximately 11.5 million persons worldwide. European women are being replaced in their household chores by immigrant women, e.g. from Africa, Asia and Eastern Europe. The paper focuses on human labour rights of domestic migrant workers, especially from the point of view of the typology which divides international standards concerning labour as a matter of human rights into four groups: rights relating to employment (eg. the prohibition of slavery and forced labour); rights deriving from employment (eg. the right to social security, the right to just and favourable conditions of work); rights concerning equal treatment and nondiscrimination, and instrumental rights (eg. the right to organise, the right to strike). The aim of this paper is to reveal insufficient effectiveness of human labour rights according to the above-mentioned typology. Thus, the author will concentrate on the issues of modern slavery, hyper-precarity and discrimination.