Oldal 40 [40]
IZOLDA TAKÁCS: THROUGH A GLASS DARKLY
egual treatment when he or she had terminated the petitioners employment with
immediate effect following her announcement of her pregnancy. The petitioner had
thus suffered direct discrimination in connection with her motherhood (pregnancy),
she had been treated less favourably than other persons who were in a comparable
posítion with her but did not possess the same protected characteristic as her."
One of the major advances in remedies has been Council Directive 97/80/
EC of 15 December 1997 on the burden of proof in cases of discrimination
based on sex. This, in the case of gender discrimination, shifted the burden of
proving that the principle of equal treatment had been infringed from the
victim to the accused.
Article 14 of the Treaty of Rome, already mentioned above, in line with ILO
resolutions (e.g. ILO Conventions 100, 111 and 156), Article 12 (1) of the Hun¬
garian Labor Code regulates the principle of equal treatment in relation to pay.
The above examples were primarily intended to illustrate the need for a
more sophisticated regulation in certain spheres to ensure that equal rights
are upheld in practice and that fundamental rights are not undermined. It has
become clear that positive discrimination is primarily about eliminating these
inequalities.
It can all in all be stated that, despite legal equality achieved through legal
regulations, women continue to be disadvantaged in many areas. De facto,
women and men still do not have equal opportunities. An approach from a
female perspective may be apt to fill the legal gaps. This is a requirement that
“an organized community cannot neglect, even if it is very difficult to fulfil
and is not the task of the law alone.”
Based on human rights, philosophical, moral, and legal foundations dis¬
cussed, the chapter addressed the question of women in the practice of law
enforcement. All was done to draw attention to equality, which to this day can
be regarded as an ad absurdum gap with regards to the genders, even though
human rights are inalienable in so many cogent laws; or in the hope that the
change of law is not “futile movement, but a development that results in the
law becoming more and more equitable, moral, and humane.””°
™ EBH/180/2018, http://84.206.127.9/index.php/hu/jogeset/ebh1802018 (accessed 21 May 2022).
75 Kazuska: A diszkrimináció tilalma, 225.
76 Bihari: Dráma a jogelméletben, 213.