Discrimination based on trade union membership: Zakharova and others v. Russia

Abstract

In the case of Zakharova and others v. Russia, the ECtHR ruled against Russia on its failure to fulfil its positive obligations to ensure effective and clear judicial protection against discrimination on grounds of trade union membership. Despite the fact that the applicants demonstrated a prima facie case of discrimination, the domestic (Regional) court refrained from effectively shifting the burden of proof onto the employer.