Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2020.57.136.605
Specific Evidence of Discrimination: Myth or Reality in the Western Balkan Countries
Samir Zuparević
; Fakultet pravnih nauka Sveučilište/ Univerzitet „Vitez“, Vitez, Bosna i Hercegovina
Sažetak
The author explores the meaning and significance of particular evidence of discrimination in judical proceeding. In this paper, the author enlightens controversy traditional evidence with new evidence of discrimination in judical proceeding by certain EU member states as well as the Western Balkans states with special reference to Bosnia and Herzegovina. In this context special attention is paid to the relationship between types of evidence and burden of proof and in particular the new ways and techniques of proving discrimination. In order to present materijals systematically and logically, the paper is divided into three parts. In the first part the author explores the arguments pro et contra for the use of certain types of evidence in judical proceedings, and the role and importance of the burden of proof from the plaintiff to the defendant. On this basis, in the second part, then possibilities and scope of the application of statistical and experimental evidence, especially the situation testing. In the last part of the article, author gives a critical analysis the role of special evidence in the proving of discrimination, and the applicability of statistical and experimental methodology in the judicial proceedings of the Western Balkan countries, including the most typical examples and concrete guidelines on how to do this successfully in proving discrimination as the starting point of this article.
Ključne riječi
fundamental human rights discrimination; evidence; burden of proof; statistical evidence; experimental evidence; situation testing; European Union; Western Balkan
Hrčak ID:
237912
URI
Datum izdavanja:
8.5.2020.
Posjeta: 2.578 *