If you have been discriminated against by a public body, your complaint can be resolved by a higher public authority or by a special organ of inspection or control established by law. If you fail, you can bring your case before the court.

Complaint to a higher authority

Complaints against public bodies or bodies exercising public functions are regulated by the Act on Complaints. If a public body discriminated you by some conduct or omission, you initially submit your complaint to a higher authority no longer than 5 years following the day when the discriminating conduct or omission you are complaining about happened. The authority should deal with your complaint within 60 days upon its reception. If you are not satisfied with the decision, you can appeal up to the highest authority in the relevant public sector or to the central governmental body for dealing with complaints.

example The complaint should be submitted to the Ministry of Labour, Social Affairs and Family if there has been discrimination by the State Social Insurance Agency. The higher authority will assess whether the relevant body has acted lawfully and, where there has been discrimination, it may order that certain action be undertaken and compensation paid.

If you are not satisfied with the decision of the higher authority, you may appeal it in the court.

Contents of the complaint

In your complaint, you should:

  • provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
  • indicate the legal provisions which have been violated
  • indicate the remedy
  • attach all relevant documents that substantiate your opinion, if there are any

If you do not have access to the documents or decisions that may prove the truthfulness of your claim, both the higher authority and court have an obligation to investigate the matter independently and to establish the truth. This means that they have an obligation to seek all the relevant evidence themselves.

Appeal to the court

If you are not satisfied with the decision of the higher authority, you may file an action in the court. Whether it is a civil court or an administrative court will depend on the type of conduct, omission or decision you are complaining about. In cases falling under the scope of the Antidiscrimination Act, civil procedure will always apply.

The court will assess whether you have been discriminated against and choose the appropriate remedy for your situation. It may oblige the public body to cease the discrimination, invalidate the decision in question, reinstate you in your previous position, and award you compensation.

The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages. Please note that the maximum amount you may receive in compensation is limited by law

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Last updated 06/03/2024