xii, 377 pages : illustrations ; 24 cm
9781509915019 hardback 150991501X hardback 9781509915002 (ePDF) 9781509915026 (ePub)
The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age, eighteen years, which is considered to be the age of adulthood in most of European countries. After the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, the progress made and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systemic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures the ways in which and the extent to which the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
The impact of the 2000 equality directives on EU anti-discrimination law : achievements and pitfalls / Uladzislau Belavusau and Kristin Henrard Part I. Theoretical and procedural aspects. Multiple discrimination in EU anti-discrimination law : towards redressing complex inequality? / Raphaële Xenidis EU equality law and precarious work / Mark Bell The effective protection against discrimination and the burden of proof : evaluating the CJEU's guidance through the lens of race / Kristin Henrard When equality directives are not enough : taking an issue with the missing minority rights policy in the EU / Dimitry Kochenov Part II. Race and ethnicity. Eighteen years of Race Equality Directive : a mitigated balance / Mathias Möschel Romani marginalisation after the Race Equality Directive / Morag Goodwin Part III. Religion. Religious discrimination in the workplace : Achbita and Bougnaoui / Eugenia Relaño Pastor Unveiling the culture of justification in the European Union : religious clothing and the proportionality review / Anna Śledzińska-Simon Part IV. Sexual orientation. The impact of the Framework Equality Directive on the protection of LGB persons and same-sex couples from discrimination under EU law / Alina Tryfonidou EU law as an (in)direct source of LGB rights across Europe / Phillip M. Ayoub Part V. Age. Justifying age discrimination in the EU / Rachel Horton EU age discrimination law : a curse or a blessing for EU youth policy? / Beryl P. Ter Haar Part VI. Disability. Breaking down barriers? : the judicial interpretation of "disability" and "reasonable accommodation" in EU anti-discrimination law / Luísa Lourenço and Pekka Pohjankoski The influence of the UN Convention on the Rights of Persons with Disabilities on EU anti-discrimination law / Lisa Waddington Epilogue: The limits of a transformative change in European equality law / Bruno de Witte.
KJE5142 .E73 2019
Available in Other Form
Online version: EU anti-discrimination law beyond gender. Oxford, UK ; Portland, Oregon : Hart Publishing, 2018