Last Updated on August 11, 2019 by LawEuro
Handbook on European non-discrimination law – Contents
| EU | Issues covered | CoE |
| Charter of Fundamental Rights, Art. 20 (equality before the law) and 21 (non-discrimination) | Equality and non-
discrimination |
ECHR, Art. 14 (prohibition of discrimination), Protocol No. 12, Art. 1 (general prohibition of discrimination)
ESC, Art. E, Protocol Providing for a System of Collective Complaints (Revised) Framework Convention for the Protection of National Minorities Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) Convention on Action against Trafficking in Human Beings Convention on Access to Official Documents Protocol to the Convention on Cybercrime Convention on Human Rights and Biomedicine ECtHR, Khamtokhu and Aksenchik v. Russia [GC], Nos. 60367/08 and 961/11, 2017 ECtHR, Pichkur v. Ukraine, No. 10441/06, 2013 ECtHR, Savez crkava “Riječ života” and Others v. Croatia, No. 7798/08, 2010 |
| TEU, Art. 2, 3 (3), 9 | ||
| TFEU, Art. 10 | ||
| Employment Equality Directive (2000/78/EC) | ||
| Racial Equality Directive (2000/43/EC) | ||
| Gender Goods and Services
Directive (2004/113/EC) |
||
| Gender Equality Directive
(recast) (2006/54/EC) |
||
| CJEU, C-571/10, Kamberaj v. IPES [GC], 2012 | ||
| CJEU, C-236/09, Association Belge des Consommateurs Test-Achats ASBL v. Conseil des ministres [GC], 2011 TFEU, Art. 18
Directive on the right to family reunification (2003/86/EC) Directive on long-term legally resident third country nationals (2003/109/EC) |
This introductory chapter outlines the origins of non-discrimination law in Europe. From the outset, it is important to note that national judges and prosecutors are required to apply the guarantees provided for under the European Convention on Human Rights (ECHR) and those under the EU non-discrimination directives, irrespective of whether a party to the proceedings invokes them. This is consequent to the legal principles established in each respective system, for example, the direct effect of Union law in the EU Member States and the direct applicability afforded to the ECHR,[1 ] which means that it must be complied with in all EU and Council of Europe (CoE) Member States.
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1. See CJEU, C-555/07, Seda Kücükdeveci v. Swedex GmbH & Co. KG [GC], 19 January 2010.
1. Introduction to European non-discrimination law: context, evolution and key principles
1.1. Context and background to European non-discrimination law
1.1.2. European Union: development of nondiscrimination law
1.1.3. European non-discrimination law and UN human rights treaties
1.2. Who receives protection under European non-discrimination law?
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