The use of situation testing as evidence in legal proceedings
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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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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

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)


The aim of testing

The aim of testing

  • Revealing discrimination

  • Proving discrimination


Methodology i

Methodology I.

Testing is carried out

  • in person

    or

  • via telephone


Methodology ii

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


Fields

Fields

NEKI is using discrimination in

  • Employment discrimination

  • Discrimination in access to goods and services


Testing in legal procedures

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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