North Macedonia

Article 9 of the Constitution provides that all citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of “sex, race, colour of skin, national and social origin, political and religious belief, property and social status”. Article 110 of the Constitution expressly prohibits discrimination among citizens on the ground of sex, race, religion or nation, social or political affiliation. (English translation available from the ILO through the external link.)

A 65-year-old woman working in a state institution requested to continue her employment for two more years was denied on the basis that, according to Paragraphs 2 and 4 of Article 104 of the Labour Law of Macedonia (the “Contested Provisions”), the age limit to which women can work is 65 years of age, while this limit for men is 67 years of age.

Article 4(6) of the Law on Employment and Work of Foreigners provides that when employing a foreigner, the employer must not put the job seeker in less favourable position due to race, color of skin, gender, age, health condition, that is, disability, religious, political or other convictions, trade union membership, national or social background, family status, property status, sexual orientation, or due to other personal circumstances. (English translation available from the ILO through the external link.)

The Law on Prevention of and Protection from Discrimination (the “LPPD”), which entered into force in 2011, introduced the concepts of direct and indirect discrimination (Article 6), instruction to discriminate (Article 9) and harassment and sexual harassment (Article 7). The LPPD covers almost all grounds of discrimination as covered by EU law i.e.

A legal scholar and four non-governmental organizations filed an initiative with the Constitutional Court of Macedonia for the commencement of a procedure to review the constitutionality of the Law on Termination of Pregnancy ((“Official Gazette of the Republic of Macedonia”, nos.87/2013, 164/2013 and 144/2014”) (the “LTP”) and its compatibility with international law, on the basis that the LTP created “a possibility of state interference into the right of choice and free decision-making of the women (which was contrary to Article 41 paragraph 1 and Article 118 of the Constitution of the Re