REPUBLIC OF LITHUANIA LAW
ON EQUAL TREATMENT
18 November 2003 No IX-1826
Vilnius
(Last amended on 7 May 2019 – No XIII-2105)
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose and scope of the Law
1. The purpose of this Law shall be to ensure the implementation of the provisions of Article 29 of the Constitution of the Republic of Lithuania enshrining the equality of persons and prohibition against restrictions on human rights or extensions of privileges on grounds of sex, race, nationality, language, origin, social status, belief, convictions or views.
2. This Law shall lay down the legal basis for activities and the powers of the Office of the Equal Opportunities Ombudsperson of the Republic of Lithuania and the Commission for the Monitoring of the Rights of Persons with Disabilities under the Office of the Equal Opportunities Ombudsperson (hereinafter: ‘the Commission’) as well as the filing and examination of complaints.
3. This Law shall seek to ensure the application of the legal acts of the European Union referred to in the Annex to this Law and the monitoring and control of the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities.
4. This Law shall seek to ensure the application of the legal acts of the European Union referred to in the Annex to this Law and the monitoring and control of the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities.
Article 2. Definitions
1. ‘Discrimination’ means any direct or indirect discrimination, harassment, instruction to discriminate on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.
2. ‘Ethos’ means a set of beliefs, values, moral attitudes and traditions that determine the behaviour or standards of behaviour of a person or a group of persons.
3. ‘Family members of a national of a Member State of the European Union or a State of the European Economic Area’ means the spouse, the direct descendants who are under the age of 21 or are dependants, including the direct descendants of the spouse who are under the age of 21 or are dependants, the dependent direct relatives in the ascending line of a national of a Member State of the European Union or a State of the European Economic Area or his/her spouse.
4. ‘Equal treatment’ means the implementation of human rights enshrined in international instruments on human and civil rights as well as laws of the Republic of Lithuania irrespective of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.
5. ‘Indirect discrimination’ means any act or omission, legal provision or assessment criterion, apparently neutral provision or practice that formally are the same but their implementation or application results or would result in de facto restrictions on the exercise of rights or extensions of privileges, preferences or advantages on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion, unless that act or omission, legal provision or assessment criterion, provision or practice is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
6. ‘Citizenship’ means the citizenship of nationals of the Member States of the European Union and the States of the European Economic Area as well as their family members.
7. ‘Harassment’ means any unwanted conduct which occurs with the purpose, or effect, of violating the dignity of a person, and of creating an intimidating, hostile, humiliating or offensive environment on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.
8. ‘Social status’ means education, qualification acquired by a natural person or his/her studies at higher education and research institutions, his/her property, income, need for state support provided for in legal acts and/or other factors related to the financial/economic situation of the person.
9. ‘Direct discrimination’ means any situation where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion, except for the following cases:
1) statutory restrictions on grounds of age where it is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;
2) statutory requirement to know the state language;
3) prohibition to participate in political activities in the cases provided for by law;
4) different statutory rights applied on the basis of citizenship;
5) statutory special measures in the area of health care, safety at work, employment, labour market with the view of creating and applying conditions and opportunities guaranteeing and promoting integration into the working environment;
6) special temporary statutory measures taken to ensure equality and prevent violation of equal treatment on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion;
7) where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, a particular human characteristic constitutes an essential and determining occupational requirement, provided that the aim is legitimate and the requirement is proportionate;
8) where the legal regulation of restrictions, special requirements or certain conditions relating to the social status of a person is justified by a legitimate aim and the means of achieving that aim are appropriate and necessary;
9) organisation of separate sports competitions for the disabled.
10. An instruction to discriminate against a person on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion shall be deemed to be discrimination within the meaning of paragraphs 5 and 9 of this Article.
Article 3. Cases of non-application of the provisions of this Law
The provisions of this Law shall not apply to:
1) family and private life;
2) employees or staff of religious communities, associations and centres, as well as of legal persons established by them for serving the purposes of the same religion (hereinafter: ‘religious communities and associations’), and of organisations established by them or their members the founding documents or equivalent documents of which specify that their ethos is based on religion or belief, as well as requirements for religion teachers of traditional religious communities and associations where, by reason of the nature of their activities or of the context in which they are carried out, requirements regarding a person’s religion, belief or convictions constitute a genuine, legitimate and justified requirement, having regard to the ethos of the said organisations;
3) cases when religious communities and associations, as well as organisations established by them or their members the founding documents or equivalent documents of which specify that their ethos is based on religion or belief supply products, goods and services for religious or belief purposes;
4) the admission of persons for training or studies at schools of religious communities and associations, schools established by them or their members, as well as establishments, enterprises and organisations the main activity of which is other than academic education and which have been established with the purpose of education in an environment fostering the values of a religious community or association, where refusal to admit a person is necessary in order to maintain the ethos of the said organisations;
5) the content of education programmes, textbooks and teaching aids where religious instruction of traditional religious communities and associations is provided;
6) requirements that persons carrying out occupational activities within religious communities and associations, as well as organisations established by them or their members the founding documents or equivalent documents of which specify that their ethos is based on religion or belief, and persons studying at schools of religious communities and associations, schools established by them or their members, as well as establishments, enterprises and organisations the main activity of which is other than academic education or taking part in organisations established with the purpose of education in an environment fostering the values of a religious community or association should act in good faith and with loyalty to the ethos of the said organisations;
7) cases when organisations uniting individuals on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion decide on membership of, or employment in, these organisations, provided it is genuine, legitimate and justified in relation to the common ground of an organisation;
8) education and training, where the application of the provisions of this Law is inconsistent with the striving of communities of state or private pre-school education establishments, general education schools or other educational institutions the founding documents or equivalent documents of which specify that their ethos is based on religion or belief to educate children in an environment fostering the values of a religious community or association.
Article 4. Burden of proof
Where in the course of hearing of complaints, motions, applications, notifications or claims of natural or legal persons, other organisations and their branches about discrimination on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion before a court or other competent authority, the applicant establishes factual circumstances from which it may be presumed that there has been direct or indirect discrimination, a presumption shall be made that the fact of direct or indirect discrimination, harassment or instruction to discriminate has occurred. The respondent shall have to prove that there has been no breach of the principle of equal treatment.
CHAPTER II
IMPLEMENTATION OF EQUAL TREATMENT
Article 5. Duty of state and municipal institutions and agencies to implement equal treatment
1. State and municipal institutions and agencies must, within their remit:
1) ensure that equal rights and treatment are enshrined in all legal acts irrespective of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion;
2) develop, approve and implement measures designed to ensure equal treatment irrespective of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion;
3) in accordance with the procedure laid down by law, support the programmes of religious communities, associations and centres, public establishments, associations, as well as of charity and sponsorship funds which assist in implementing equal treatment of persons on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.
2. State institutions shall envisage measures to ensure equal treatment in strategic planning documents. Municipal institutions shall envisage measures to ensure equal treatment in a municipal strategic development plan and/or in a municipal strategic action plan.
Article 6. Duty of educational institutions, other education providers as well as higher education and research institutions to implement equal treatment
1. Educational institutions, other education providers as well as higher education and research institutions must ensure equal conditions for persons irrespective of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion when:
1) admitting to educational institutions, other education providers as well as higher education and research institutions, teaching and educating according to programmes of formal and non-formal education implemented therein;
2) awarding scholarships or granting loans;
3) developing and approving education programmes;
4) assessing learning achievements.
2. Educational institutions, other education providers as well as higher education and research institutions must, within their remit, ensure that education programmes, textbooks and teaching aids do not contain or promote discrimination on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion.
3. Educational institutions, other education providers as well as higher education and research institutions must preclude any harassment or instruction to harass on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion in the cases specified in paragraph 1 of this Article.
Article 7. Duty of the employer to implement equal treatment in the workplace, in the civil service
When implementing equal treatment the employer must, irrespective of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion:
1) apply the same selection criteria and conditions when employing or recruiting to the civil service, except for the cases specified in points 4 and 7 of Article 2(9) of this Law;
2) provide equal working and civil service conditions, access to improvement of qualifications, vocational training, retraining, acquiring practical work experience, as well as provide equal advantages;
3) apply the same criteria for assessing the work of employees and the performance of civil servants;
4) apply the same criteria for dismissal from work and from the civil service;
5) pay equal pay for equal work or for work of equal value;
6) ensure that an employee or a civil servant is not subjected to harassment in the workplace or to instructions to discriminate;
7) ensure that a person seeking employment, an employee or a civil servant is not subjected to sexual harassment;
8) take measures to ensure that an employee or a civil servant who has filed a complaint concerning discrimination or is participating in discrimination proceedings, his/her representative or any person who gives evidence or provides clarifications are not subjected to persecution and are protected against any adverse treatment or adverse consequence;
9) take appropriate measures to enable disabled persons to have access to, participate in, or advance in employment, or to undergo training, including adaptation of premises, unless such measures would impose a disproportionate burden on the employer.
Article 8. Implementation of equal treatment in the area of consumer protection
When implementing equal treatment, a seller, producer of goods or a service provider must, irrespective of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion:
1) provide consumers with equal access to the same products, goods and services, including housing, as well as apply equal conditions of payment and guarantees for the same products, goods and services or for products, goods and services of equal value;
2) in providing consumers with information about products, goods and services or advertising them, ensure that such information would not express humiliation, contempt or restriction of rights or would not extend privileges on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion and that it would not form public attitudes that these characteristics make a person superior or inferior to another.
Article 9. Prohibition of discrimination in organisations and associations
Discrimination on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion in connection with membership of, and involvement in, organisations of employees or employers, or other organisations/associations whose members carry on a particular profession, including the benefits provided by such organisations/associations shall be prohibited.
CHAPTER III
VIOLATION OF EQUAL TREATMENT
Article 10. Violation of equal treatment
A violation of equal treatment shall be deemed to constitute non-fulfilment or improper fulfilment of the duties or derogation from the prohibitions set out in this Law.
Article 11. Discriminatory advertisements
In advertisements offering job, civil service or education opportunities, it shall be prohibited to specify requirements giving preference on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion, except for the cases specified in points 4 and 7 of Article 2(9) of this Law.
Article 12. Protection of rights of a person discriminated against
1. A person who considers himself/herself wronged by failure to apply equal treatment to him/her shall have the right of recourse to the Equal Opportunities Ombudsperson. Recourse to the Equal Opportunities Ombudsperson shall be without prejudice to the possibility of defending his/her rights in court.
2. Legal persons, other organisations and their divisions which have, in accordance with the legal act regulating their activities, the defence and representation in court of persons discriminated against on a particular ground as one of their activities may, on behalf of the person discriminated against, represent him/her in judicial or administrative procedures in accordance with the procedure laid down by law.
Article 13. Reparation
A person who has suffered discrimination on grounds of sex, race, nationality, citizenship, language, origin, social status, belief, convictions or views, age, sexual orientation, disability, ethnic origin or religion shall have the right to claim compensation for the material and non-material damage from the persons guilty thereof in accordance with the procedure laid down by law.
CHAPTER IV
SUPERVISION OF THE IMPLEMENTATION OF THE LAW
Article 14. Supervision of the implementation of the Law
1. The implementation of the Law on Equal Treatment shall be supervised by the Equal Opportunities Ombudsperson.
2. In order to ensure the work of the Equal Opportunities Ombudsperson, the Office of the Equal Opportunities Ombudsperson of the Republic of Lithuania shall be established by a resolution of the Seimas of the Republic of Lithuania.
Article 15. Office of the Equal Opportunities Ombudsperson
1. The Office of the Equal Opportunities Ombudsperson shall be a state budgetary body financed from the state budget.
2. The Office of the Equal Opportunities Ombudsperson shall be a legal person holding a bank account and the seal with the emblem of the State of Lithuania and its name. The use and keeping of the seal of the Office of the Equal Opportunities Ombudsperson shall be the responsibility of the Equal Opportunities Ombudsperson.
3. The Office of the Equal Opportunities Ombudsperson shall be headed by the Equal Opportunities Ombudsperson.
4. The objectives and functions, rights, organisation of activities and control of internal administration of the Office of the Equal Opportunities Ombudsperson shall be laid down in the Regulations of the Office of the Equal Opportunities Ombudsperson approved by the Seimas.
Article 151. Monitoring of the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities
1. The Commission shall, acting in accordance with the Regulations adopted by the Equal Opportunities Ombudsperson, monitor the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities. The Commission shall not have legal personality.
2. The Commission shall consist of five members with four members being representatives of associations of persons with disabilities and one member being a representative of the Office of the Equal Opportunities Ombudsperson. Within the time limit and in accordance with the procedure laid down by the Equal Opportunities Ombudsperson, candidates for members of the Commission shall be nominated by the associations of persons with disabilities by common accord. When nominating candidates for members of the Commission, the associations of persons with disabilities must ensure a balanced representation of the interests of persons with disabilities, taking into account disability nature and diversity, and the associations of persons with disabilities representing their interests, depending on the area of activity.
3. The personal composition of the Commission shall be approved by the Equal Opportunities Ombudsperson. The Commission shall be set up for a term of four years. The same person may be a member of the Commission for no more than two consecutive terms of office.
4. The work of members of the Commission shall be remunerated in accordance with the procedure laid down in the Law of the Republic of Lithuania on Remuneration of Employees of State and Municipal Bodies and Members of Commissions.
5. The powers of a member of the Commission shall cease when his/her term of office expires, or he/she resigns, or he/she is recalled by the Equal Opportunities Ombudsperson on a proposal of the entity who has nominated him/her, or he/she dies. In cases where the powers of a member of the Commission cease before the expiry of his/her term of office, a new candidate for a member of the Commission shall be nominated for the remainder of the term, his/her candidature being approved in accordance with the procedure laid down in this Law.
6. The Office of the Equal Opportunities Ombudsperson shall provide technical and material support to the Commission. The Office of the Equal Opportunities Ombudsman shall retain the Commission’s operational documents in accordance with the procedure laid down in the Law of the Republic of Lithuania on Documents and Archives.
7. The Commission’s work shall be organised and decisions shall be taken in accordance with the procedure laid down in the Commission’s regulations and in the Commission’s rules of procedure approved by the Commission. The work of the Commission shall be directed by the Chairperson of the Commission or, in his/her absence, the Deputy Chairperson. The Chairperson and the Deputy Chairperson of the Commission shall be elected at the first meeting of the Commission from among the members of the Commission for the duration of his/her term of office. The Chairperson and the Deputy Chairperson of the Commission shall be elected by a simple majority of the votes of all the members of the Commission.
8. In monitoring the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities, the Commission shall perform the following functions:
1) regularly review the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities;
2) make recommendations to the Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, state and municipal institutions and agencies, the Equal Opportunities Ombudsperson and other natural and legal persons, other organisations and divisions thereof regarding the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities;
3) prepare monitoring reports on the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities.
9. In monitoring the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities, the Commission shall have the right to:
1) obtain from natural persons, legal persons and other organisations and their divisions the information necessary for the performance of its functions;
2) involve experts, propose to the Equal Opportunities Ombudsperson to carry out investigations, to set up working groups;
3) provide an opinion and comments on the compatibility of valid legal acts and draft legal acts with the Convention of the United Nations on the Rights of Persons with Disabilities.
10. Natural and legal persons, other organisations and divisions thereof must examine the recommendations made by the Commission and inform the Commission about the results of the examination and the implementation of the recommendations. The information shall be provided to the Commission as soon as possible after the decisions have been adopted on the measures to be taken in the light of the Commission’s recommendations, but not later than within 30 days after receipt of the recommendation.
Article 16. Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall:
1) deal with matters within his/her remit and be responsible for achieving the operational objectives set for the Office of the Equal Opportunities Ombudsperson, planning and organising activities, performing functions;
2) represent the Office of the Equal Opportunities Ombudsperson at institutions and agencies of the Republic of Lithuania and foreign countries as well as at international organisations;
3) ensure within his/her remit that the laws and other legal acts are complied with at the Office of the Equal Opportunities Ombudsperson;
4) in dealing with matters within his/her remit, issue orders and control their execution, sign authorisations, other internal administrative documents;
5) approve regulations of the administrative units of the Office of the Equal Opportunities Ombudsperson, the Commission as well as job descriptions of civil servants and employees working under employment contracts and receiving salaries from the state budget and the state monetary funds;
6) adopt the lists of posts of civil servants and employees working under employment contracts with the Office of the Equal Opportunities Ombudsperson and receiving salaries from the state budget and the state monetary funds, without exceeding the maximum permitted number of posts of civil servants and employees working under employment contracts and receiving salaries from the state budget and the state monetary funds, as fixed for the Office of the Equal Opportunities Ombudsperson;
7) pursuant to laws and other legal acts, recruit and dismiss from the post civil servants and employees working under employment contracts with the Office of the Equal Opportunities Ombudsperson and receiving salaries from the state budget and the state monetary funds, give incentives to them, impose penalties upon and grant allowances to them;
8) ensure the rational and cost-effective use of funds and property, the establishment of effective internal control of the Office of the Equal Opportunities Ombudsperson, operation and improvement thereof;
9) guarantee that the sets of financial statements and statistical reports submitted in accordance with the Law of the Republic of Lithuania on Accountability of the Public Sector are correct;
10) ensure equal and competent consultation of natural and legal persons on the activities of the Equal Opportunities Ombudsperson;
11) perform other functions assigned to him/her by laws and other legal acts.
2. Where the Equal Opportunities Ombudsperson is on leave or on a business trip outside the territory of the Republic of Lithuania for more than one day or is temporarily incapable of working and, therefore, is temporarily unable to perform his/her duties, the Ombudsman for the Protection of the Rights of the Child shall, by a decision of the Board of the Seimas, deputise for him/her or, where the said Ombudsman is unable to deputise for him/her, the Ombudsman of the Seimas shall deputise for the Equal Opportunities Ombudsperson.
Article 17. Remit of the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall, acting in compliance with the principles of legality, impartiality and justice, examine complaints, conduct investigations on his/her own initiative and provide advice on enquiries in accordance with the procedure laid down in this Law.
2. The Equal Opportunities Ombudsperson shall conduct independent investigations relating to discrimination cases and carry out independent situation reviews in respect of discrimination, publish independent reports, issue conclusions and recommendations on any discrimination-related matters concerning the implementation of this Law, as well as submit proposals to state and municipal institutions and agencies on the improvement of legal acts and policy priorities for implementing equal treatment, carry out preventive and educational activities and dissemination of information about the ensuring of equal treatment.
3. The Equal Opportunities Ombudsperson shall exchange the available information with other institutions and agencies of the Republic of Lithuania and foreign countries as well as with international organisations.
4. The Equal Opportunities Ombudsperson shall exercise control over the implementation of the Convention of the United Nations on the Rights of Persons with Disabilities.
Article 18. Procedure for the appointment to, and dismissal from, the post of the Equal Opportunities Ombudsperson
1. A citizen of the Republic of Lithuania of good repute with a university degree in law, i.e. a bachelor’s degree in law and a master’s degree in law or a professional degree in law (a one-stage university degree in law), and the legal work experience of not less than ten years may be appointed as the Equal Opportunities Ombudsperson.
2. The Equal Opportunities Ombudsperson shall be appointed by the Seimas on a motion of the Speaker of the Seimas for a period of five years. The same person may be appointed as Equal Opportunities Ombudsman no more than two consecutive times.
3. The Equal Opportunities Ombudsperson shall take an oath of allegiance to the State of Lithuania before taking up his/her duties by reading the text referred to in Article 19 of this Law.
4. Before taking an oath of allegiance, a person appointed as the Equal Opportunities Ombudsperson must suspend his/her activities in political parties until the end of his/her term of office.
5. The powers of the Equal Opportunities Ombudsperson shall cease where:
1) the term of powers expires and he/she is not reappointed for another term of office;
2) he/she resigns;
3) his/her state of health prevents him from performing his/her duties;
4) a judgment of conviction concerning him/her becomes effective;
5) he/she breaks the oath of allegiance;
6) he/she loses citizenship of the Republic of Lithuania;
7) he/she dies.
6. In the cases referred to in points 1, 2, 3, 4, 5, 6 of paragraph 5 of this Article, a decision on dismissal from the post of the Equal Opportunities Ombudsperson shall be taken by the Seimas on a motion of the Speaker of the Seimas.
7. In the case referred to in point 1 of paragraph 5 of this Article, the Equal Opportunities Ombudsperson shall remain in office until the appointment of a new Equal Opportunities Ombudsperson.
Article 19. Oath of allegiance of the Equal Opportunities Ombudsperson
1. The oath of allegiance of the Equal Opportunities Ombudsperson shall be administered by the Speaker of the Seimas at a sitting of the Seimas.
2. The person taking an oath of allegiance shall be entitled to choose one of the following texts of the oath:
1) ‘I, Equal Opportunities Ombudsperson of the Republic of Lithuania (forename, surname), swear my allegiance to the State of Lithuania, to observe its Constitution and laws, to perform my duties in good faith, to protect human rights, freedoms and legitimate interests, to always be impartial and honest and to keep the secrets entrusted to me.
So help me God.’;
2) ‘I, Equal Opportunities Ombudsperson of the Republic of Lithuania (forename, surname), swear my allegiance to the State of Lithuania, to observe its Constitution and laws, to perform my duties in good faith, to protect human rights, freedoms and legitimate interests, to always be impartial and honest and to keep the secrets entrusted to me.’
3. After reading the text of the oath of allegiance, the Equal Opportunities Ombudsperson shall put his/her signature under the text. The text of the oath of allegiance shall be kept in the Seimas.
Article 20. Activities incompatible with the duties of the Equal Opportunities Ombudsperson
1. The duties of the Equal Opportunities Ombudsperson shall be incompatible with any other elected or appointed office in state and municipal institutions and agencies, as well as with work carried out in business, commercial or other private bodies or enterprises, with the exception of pedagogical or creative work.
2. The Equal Opportunities Ombudsperson may not receive remuneration other than that established for his/her current post and for pedagogical or creative work.
3. The Equal Opportunities Ombudsperson may not participate in the activities of political parties.
Article 21. Social guarantees of the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall be granted 28 calendar days of leave each year. The Equal Opportunities Ombudsperson with more than five years’ service to the State of Lithuania shall be granted additional three calendar days of annual leave for each subsequent three-year period of service, however, the total duration of annual leave may not exceed 42 calendar days.
2. Upon the expiry of the term of powers, the Equal Opportunities Ombudsperson shall receive a severance pay in the amount of two months’ salary if he/she is not reappointed for another term of office. Where the powers of the Equal Opportunities Ombudsperson cease because his/her state of health prevents him/her from performing his/her duties, he/she shall receive a severance pay in the amount of three months’ salary. Upon the death of the Equal Opportunities Ombudsperson, his/her family shall receive a pay in the amount of three months’ salary. The pay referred to in this paragraph shall be paid with the state budget funds allocated to the Office of the Equal Opportunities Ombudsperson. If the Equal Opportunities Ombudsperson resigns, a judgment of conviction concerning him/her becomes effective, he/she breaks the oath of allegiance or loses citizenship of the Republic of Lithuania, he/she shall not receive a severance pay.
3. Upon the expiry of the term of powers of the Equal Opportunities Ombudsperson, with the exception of the cases where a judgment of conviction concerning him/her becomes effective, the Equal Opportunities Ombudsperson shall be entitled to return to his/her previous post in accordance with the procedure laid down by the Law of the Republic of Lithuania on Civil Service.
Article 22. Publicity of activities of the Equal Opportunities Ombudsperson
1. The Equal Opportunities Ombudsperson shall provide information through the mass media on examination of a complaint regarding a violation of equal treatment only with the consent of the complainant.
2. The Equal Opportunities Ombudsperson shall inform the public about his activities on the website of the Office of the Equal Opportunities Ombudsperson.
Article 23. Activity report of the Equal Opportunities Ombudsperson
The Equal Opportunities Ombudsperson shall each year, by 15 March at the latest, submit to the Seimas a written activity report for the previous calendar year. This independent report shall include the activity report of the Equal Opportunities Ombudsperson, a situation review, conclusions and recommendations. The report must be published on the website of the Office of the Equal Opportunities Ombudsperson.
CHAPTER V
FILING AND EXAMINATION OF COMPLAINTS
Article 24. Filing of complaints
1. Each natural person, legal person, other organisation and its division shall have the right to file a complaint with the Equal Opportunities Ombudsperson regarding a violation of equal treatment.
2. Complaints shall be filed in writing.
3. Where the Equal Opportunities Ombudsperson has identified indications of a violation of equal treatment through the mass media or other sources, he/she may initiate an investigation on his/her own initiative.
4. Anonymous complaints shall not be dealt with, unless otherwise decided by the Equal Opportunities Ombudsperson.
Article 25. Requirements for a complaint
1. A complaint must contain the following information:
1) the addressee, i.e. the Equal Opportunities Ombudsperson;
2) the complainant’s forename, surname or company name, place of residence or registered office and e-mail address, telephone, fax numbers or addresses of other electronic means of communication (if any) as well as the forename, surname and address of the representative (if any) and the representative’s e-mail address, telephone, fax numbers or addresses of other electronic means of communication (if known);
3) the forename, surname, post or company name, registered office (if known) of the person against whom the complaint is directed as well as the e-mail address, telephone and fax numbers or the addresses of other electronic means of communication of the person against whom the complaint is directed;
4) the specific contested act or omission, administrative act or decision, the date or its execution or adoption, the timing and circumstances of this act or omission;
5) circumstances and evidence on which the complainant bases his/her claim, the surnames, forenames and places of residence of the witnesses, and the location of other evidence;
6) the application to the Equal Opportunities Ombudsperson;
7) the filing date of the complaint and the complainant’s signature.
2. If a complaint is filed by a representative of the complainant, it must be accompanied by an authorisation or other document confirming the representative’s authorisation.
3. A complaint may be accompanied by the following:
1) a copy of the contested administrative act or decision;
2) available evidence and description thereof.
4. Failure to meet the requirements for a complaint specified in paragraph 1 of this Article or failure to provide the particulars may not constitute grounds for refusal to examine the complaint.
Article 26. Time limit for filing a complaint
A complaint may be filed within three months after the contested action was carried out or transpired. A complaint filed after this time limit shall not be examined, unless otherwise decided by the Equal Opportunities Ombudsperson.
Article 27. Refusal to examine a complaint
1. The Equal Opportunities Ombudsperson shall, no later than within ten working days of receipt of a complaint, take a decision refusing to examine the complaint, informing the complainant accordingly, if:
1) it is impossible to initiate examination due to the lack of data or if the text of the complaint is illegible and the complainant does not submit or clarify the data within a set time limit at the request of the Equal Opportunities Ombudsperson;
2) the complaint has been filed after the expiry of the time limit specified in Article 26 of this Law;
3) investigation of the circumstances referred to in the complaint does not fall within the remit of the Equal Opportunities Ombudsperson;
4) the complaint on the same matter has been examined, is being examined or, pursuant to law, must be examined by court;
5) a procedural decision on the opening of a pre-trial investigation is taken in respect of the subject matter of the complaint;
6) the complaint repeatedly filed on the same subject matter has already been examined at the Office of the Equal Opportunities Ombudsperson, unless new circumstances or new facts are presented.
2. Any refusal to examine a complaint must state the grounds on which the refusal is based. In cases when a complaint does not fall within the remit of the Equal Opportunities Ombudsperson, the complaint must, not later than within five working days, be forwarded to a public administration body with the necessary powers to examine the complaint and the complainant shall be informed thereof.
3. Once a complaint has been examined, the complaint that has been repeatedly filed shall not be examined, unless new circumstances or new facts are presented.
4. If the complainant abuses the right of appeal to the Equal Opportunities Ombudsperson, the correspondence with such a complainant may be terminated by a decision of the Equal Opportunities Ombudsperson.
Article 28. Time limit for examination of a complaint
1. A complaint must be examined and the complainant must be given a reply within three months from receipt of the complaint.
2. Due to the complexity of the circumstances referred to in a complaint, the abundance of information, the continuous nature of the actions complained of, the need for further examination (receipt of documents, explanations, interviews with interested parties, etc.), the time limit for investigating of the complaint may extended by one month. The complainant shall be informed of the decision of the Equal Opportunities Ombudsperson to extend the time limit for examining the complaint.
Article 29. Decisions of the Equal Opportunities Ombudsperson
1. At the end of the examination of a complaint, a decision shall be drawn up indicating the circumstances found during the examination, the evidence available and the legal assessment of an act or omission, an administrative act or a decision. The decision shall be signed by the Equal Opportunities Ombudsperson.
2. During or after the examination of a complaint, the Equal Opportunities Ombudsperson shall take one of the following decisions:
1) to forward the examination material to a pre-trial investigation body or a prosecutor if possible indications of a criminal act are identified;
2) to contact the relevant person to propose the termination of the act or omission violating equal treatment;
3) to apply to the relevant person or institution to propose the modification or repeal of an administrative act or a decision (or part thereof) violating equal treatment;
4) to institute proceedings for administrative offences;
5) to recognise the complaint unfounded if the violations indicated therein have not been established;
6) to warn of the committed violation;
7) to oblige advertising operators to terminate the unauthorised advertising and to set time limits and conditions for fulfilling this obligation;
8) to apply to the administrative court requesting to investigate whether an administrative regulatory enactment (or part thereof), an act of general nature adopted by a religious community and association, political party, political organisation or association complies with this Law or the Law of the Republic of Lithuania on Equal Opportunities for Women and Men.
3. During or after the examination of a complaint, the Equal Opportunities Ombudsperson may terminate the examination where:
1) the complainant withdraws the complaint;
2) there is a lack of objective data on the committed violation;
3) the complainant and the infringer reconcile;
4) the act or omission violating equal treatment is terminated;
5) the administrative act or the decision violating equal treatment is modified or repealed.
4. If the examination of a complaint reveals the circumstances referred to in Article 27(1) of this Law, the examination shall be terminated.
5. The decision shall be made known to the complainant and to the person whose act or omission or administrative act or decision is being appealed against.
Article 30. Binding nature of requests of the Equal Opportunities Ombudsperson
1. Natural persons, legal persons, other organisations and their divisions must, within the time limit referred to in paragraph 2 of this Article, provide the Equal Opportunities Ombudsperson with the information, documents, explanations and other material requested in accordance with the procedure laid down by law as necessary for the performance of his/her functions, to grant access to the documents and other material requested as well as to exercise other powers conferred on the Equal Opportunities Ombudsperson by law.
2. The information requested by the Equal Opportunities Ombudsperson must be provided no later than within ten working days after receipt of the request for information, unless another time limit is indicated.
3. A decision of the Equal Opportunities Ombudsperson shall be examined by the persons to whom the decision is addressed and shall inform the Equal Opportunities Ombudsperson about the outcome of the examination and the implementation of the decision. The information shall be provided to the Equal Opportunities Ombudsperson without delay after taking decisions on the measures to be taken having regard to the decision of the Equal Opportunities Ombudsperson, but not later than within 30 days after receipt of the decision.
4. Persons who do not meet the requests of the Equal Opportunities Ombudsperson shall be held liable in accordance with the procedure laid down by law.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ROLANDAS PAKSAS
Annex to
the Law of the Republic of Lithuania
on Equal Treatment
Legal Acts of the European Union Implemented by this Law
1. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ 2004 special edition, Chapter 20, Volume 1, p. 23).
2. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2004 special edition, Chapter 5, Volume 4, p. 79).
3. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ 2006 L 204, p. 23).
4. Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ 2010 L 180, p. 1).
5. Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ 2014 L 128, p. 8).