Department on protection from discrimination (DPD)

Duties and responsibilities of the Department on Protection from Discrimination are as follows:

 

1.1. Receives and investigates complaints of persons for specific cases of discrimination based on any of the grounds specified in Article one (1) of Law on Protection from Discrimination No.05/L-021, provides assistance to victims of discrimination in filing complaints against discrimination, as well as the necessary information about their rights, obligations and opportunities of the Court and other protective measures.

 

1.2. Investigates or acts according to the complaint filed or on own initiative (ex-officio) when there is a grounded suspicion that there has been discrimination by authorities of public and private entities, and addresses directly to the investigation and prosecution authorities with a request on initiation of investigation of criminal offences and misdemeanor and requires beginning of applicable disciplinary proceedings.

 

1.3. Undertakes all necessary measures and actions in dealing with complaints filed on protection from discrimination, including direct intervention on competent authorities, requesting response within a reasonable time or hastily, if serious harm continues as a result of discrimination deed.

 

1.4. Addresses directly to investigation and prosecution authorities with the request to commence investigation of violations and criminal offenses and initiation of applicable disciplinary procedures, when discrimination is observed.

 

1.5. Handles and examines cases related to gender discrimination, in accordance with foreseen procedures based on the defined situation, standards and recommendations of national and international mechanisms for gender equality.

 

1.6. Handles cases related to discrimination made against persons with disabilities based on standards and recommendations of international mechanisms for rights of persons with disabilities.

 

1.7. Informs on the public on discrimination cases and undertakes measures to promote equality, human rights and non-discrimination.

 

1.8. Mediates, gives opinions and proposes recommendations for specific cases of discrimination and provides counseling, guidance and support to bodies of public and private sector on best practices on promotion of equality, on adaption to diversity and prevention of discrimination on the grounds encompassed by the Law on Protection from Discrimination and the Law on Gender Equality.

 

1.9. Initiates discrimination cases which affect groups of persons, including the rights of LGBT persons, through an action group undertaken on behalf of the group members, where their consent is not required.

 

1.10. Provides recommendations on measures undertaking to promote equality, adjustment to diversity and / or combating discrimination.

 

1.11. Monitors implementation of the Law on Protection from Discrimination and, depending on researches, assessments, findings and conclusions, initiates amendments of provisions for implementation and strengthening of protection from discrimination.

 

1.12. Initiates undertaking of measures for improvement of institutions’ work in the field of implementation and promotion of gender equality and the rights of persons with disabilities as well as proposes Laws and initiatives for amendments of relevant laws and regulations in order to upgrade protection of gender equality and of persons with disabilities.

 

1.13. Promotes and protects rights of communities and their members by handling their claims and undertakes initiatives and proposes Laws and Regulations aiming at enhancement of protection of communities’ rights and their members, taking into account current situation, standards and recommendations of national and international mechanisms for the rights of communities and their members.

 

1.14. Reviews European Court of Human Rights jurisprudence, procedures which in the future could lead to lawsuits against the Republic of Kosovo before the European Court on cases of discrimination, with the aim to prepare and evade (prevent) such procedures throughout timely protection of rights of injured parties and provision of assistance to administrative authorities, to act in appropriate and lawful manner while deciding on citizens’ rights and freedoms.

 

1.15. Monitors activity of respective institutions in terms of achieving gender equality, children’s rights, and rights of persons with disabilities, the rights of LGBT persons and the rights of communities and their members.

 

1.16. Assembles and systematizes data concerning the situation and aspects of protection of gender equality, rights of persons with disabilities, rights of communities and their members, on basis of which parts of the Ombudsperson’s Annual Report are prepared relating to respect of rules, standards and relevant recommendations of national and international human rights mechanisms.

 

1.17. Reports annually to the Assembly of the Republic of Kosovo concerning implementation of the Law on Protection from Discrimination, drafts and publishes special reports on its implementation and makes recommendations on policies and practices to fight discrimination and promote equality.

 

1.18. Designs codes of good practice, in coordination with the Department on Legal Affairs, on combating discrimination and promotion of equality, which can be used as a reference point in discrimination cases.

 

The Department is run by Director of the Department, who responds and reports to the Ombudsperson or Deputy Ombudsperson.