Seite 40 [40]
OCR
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 Hungarian 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 discussed, 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.
