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The use of situation testing as evidence in legal proceedings

The use of situation testing as evidence in legal proceedings. Marton Udvari Legal Defence Bureau for National and Ethnic Minorities (NEKI). History of testing in Hungary . First used in 1997 by NEKI in the field of discrimination in access to goods and services

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The use of situation testing as evidence in legal proceedings

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  1. The use of situation testing as evidence in legal proceedings Marton Udvari Legal Defence Bureau for National and Ethnic Minorities (NEKI)

  2. History of testing in Hungary • First used in 1997 by NEKI in the field of discrimination in access to goods and services • Testing is applied by other NGOs and in other fields (employment discrimination, school segregation) • The Equal Treatment Authority is vested with the right to conduct testing (2005)

  3. The aim of testing • Revealing discrimination • Proving discrimination

  4. Methodology I. Testing is carried out • in person or • via telephone

  5. Methodology II. • Testers should be unbiased, neutral, and calm • Testers should refrain from provocation • Questionnaires should be used as supporting documents • Background investigation is essential • Training for testers is highly recommended

  6. Fields NEKI is using discrimination in • Employment discrimination • Discrimination in access to goods and services

  7. Testing in legal procedures Testing is used in connection with • The actual case of discrimination (testers are plaintiffs/applicants; testing is direct proof) • Discriminatory practice (testers are witnesses, testing is indirect, supporting evidence)

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