Last Updated on August 11, 2019 by LawEuro
Handbook on European non-discrimination law – Contents
| EU | Issues covered | CoE |
| Racial Equality Directive (2000/43/EC), Art. 2 (2) (a) | Direct discrimination | ECHR, Art. 14 (prohibition of discrimination)
ESC, Art. E (non-discrimination) ECtHR, Guberina v. Croatia, No. 23682/13, 2016 ECSR, CGIL v. Italy, Complaint No. 91/2013, 2015 ECtHR, Burden v. the United Kingdom [GC], No. 13378/05, 2008 |
| Employment Equality Directive (2000/78/EC), Art. 2 (2) (a) | ||
| Gender Equality Directive (recast) (2006/54/EC), Art. 2 (1) (a) | ||
| Gender Goods and Services Directive (2004/113/EC), Art. 4 (1) (a) | ||
| CJEU, C-356/12, Glatzel v. Freistaat Bayern, 2014 | ||
| CJEU, C-267/12, Hay v. Crédit agricole mutuel, 2013 | ||
| CJEU, C-303/06, Coleman v. Attridge Law and Steve Law [GC], 2008 | ||
| CJEU, C-267/06, Maruko v. Versorgungsanstalt der deutschen Bühnen [GC], 2008 | ||
| CJEU, C-423/04, Richards v. Secretary of State for Work and Pensions, 2006 | ||
| CJEU, C-256/01, Allonby v. Accrington and Rossendale College, 2004 | ||
| CJEU, C-13/94, P v. S and Cornwall County Council, 1996 |
| Racial Equality Directive (2000/43/EC), Art. 2 (2) (b)
Employment Equality Directive (2000/78/EC), Art. 2 (2) (b) Gender Equality Directive (recast) (2006/54/EC), Art. 2 (1) (b) Gender Goods and Services Directive (2004/113/EC), Art. 4 (1) (b) CJEU, C-83/14, “CHEZ Razpredelenie Bulgaria” AD v. Komisia za zashtita ot diskriminatsia [GC], 2015 CJEU, C-385/11, Elbal Moreno v. INSS and TGSS, 2012 CJEU, C-152/11, Odar v. Baxter Deutschland GmbH, 2012 |
Indirect discrimination | ECHR, Art. 14 (prohibition of discrimination)
ESC, Art. E (non-discrimination) ECSR, AEH v. France, Complaint No. 81/2012, 2013 ECtHR, D.H. and Others v. the Czech Republic [GC], No. 57325/00, 2007 |
| CJEU, C-443/15, Parris v. Trinity College Dublin and Others, 2016. | Multiple and intersectional discrimination | ECtHR, Carvalho Pinto de Sousa Morais v. Portugal, No. 17484/15, 2017
ECtHR, S.A.S. v. France [GC], No. 43835/11, 2014 ECtHR, B.S. v. Spain, No. 47159/08, 2012. |
| Racial Equality Directive (2000/43/EC), Art. 2 (3) and (4)
Employment Equality Directive (2000/78/EC), Art. 2 (3) and (4) Gender Goods and Services Directive (2004/113/EC), Art. 4 (3) and (4) Gender Equality Directive (recast) (2006/54/EC), Art. 2 (2) (a) and (b) |
Harassment and instruction to discriminate | ECHR, Art. 2 (right to life), Art. 3 (prohibition of torture), Art. 9 (freedom of religion), Art. 11 (freedom of assembly and association), Art. 14 (prohibition of discrimination)
ESC, Art. E (non-discrimination), Art. 26 (The right to dignity at work) ECtHR, Đorđević v. Croatia, No. 41526/10, 2012 ECtHR, Catan and Others v. the Republic of Moldova and Russia [GC], Nos. 43370/04, 18454/06 and 8252/05, 2012 |
| Charter of Fundamental Rights, Art. 23 (men and women),
Art. 24 (children), Art. 25 (the elderly), Art. 26 (Persons with disabilities) |
Specific measures | ECHR, Art. 14 (prohibition of discrimination), Protocol No. 12, Art. 1 (General prohibition of discrimination)
ESC (Revised), Art. E ECtHR, Çam v. Turkey, No. 51500/08, 2016 ECtHR, Horváth and Kiss v. Hungary, No. 11146/11, 2013 ECSR, The Central Association of Carers in Finland v. Finland, No. 71/2011, 2012 |
| Racial Equality
Directive (2000/43/EC), Art. 5 |
||
| Employment Equality Directive
(2000/78/EC), Art. 7 |
||
| Gender Equality Directive
(recast) (2006/54/EC), Art. 3 |
||
| Gender Goods and Services
Directive (2004/113/EC), Art. 6 |
||
| European Parliament resolution on strengthening the fight against racism, xenophobia and
hate crime (2013/2543(RSP)) |
||
| CJEU, C-173/13, Leone and Leone v. Garde des Sceaux, ministre de la Justice and Others, 17 July 2014 | ||
| CJEU, C-407/98, Abrahamsson and Anderson v. Fogelqvist, 6 July 2000 | ||
| CJEU, C-409/95, Marschall v. Land Nordrhein-Westfalen, 1997 | ||
| CJEU, C-450/93, Kalanke v. Freie Hansestadt Bremen, 1995 | ||
| European Parliament resolution on strengthening the fight against racism, xenophobia and hate crime (2013/2543(RSP))
Council Framework Decision on racism and xenophobia (2008/913/JHA) Victims’ Rights Directive (2012/29/EU) |
Hate crime / Hate speech | ECtHR, Škorjanec v. Croatia, 25536/14, 2017
ECtHR, Halime Kiliç v. Turkey, No. 63034/11, 2016 ECtHR, Identoba and Others v. Georgia, No. 73235/12, 2015 ECtHR, M’Bala M’Bala v. France (dec.), No. 25239/13, 2015 ECtHR, Delfi AS v. Estonia [GC], No. 64569/09, 2015 |
| ECtHR, Perinçek v. Switzerland [GC], No. 27510/08, 2015 | ||
| ECtHR, Virabyan v. Armenia, No. 40094/05, 2012 |
Key point
- Discrimination defines a situation where an individual is disadvantaged in some way on the basis of ‘one or multiple protected grounds’.
Non-discrimination law aims to allow all individuals an equal and fair prospect to access opportunities available in a society. We make choices on a daily basis over issues such as whom we socialise with, where we shop and where we work. We prefer certain things and certain people over others. While expressing our subjective preferences is commonplace and normal, at times we may exercise functions that place us in a position of authority or allow us to take decisions that may have a direct impact on others’ lives. We may be civil servants, shopkeepers, employers, landlords or doctors who decide over how public powers are used, or how private goods and services are offered. In these non-personal contexts, non-discrimination law intervenes in the choices we make in two ways.
First, it stipulates that those individuals who are in similar situations should receive similar treatment and not be treated less favourably simply because of a particular ‘protected’ characteristic that they possess (‘direct’ discrimination). Second, in some situations treatment based on a seemingly neutral rule can also amount to discrimination, if it disadvantages a person or a group of persons as a result of their particular characteristic (‘indirect’ discrimination).
The non-discrimination principle prohibits scenarios where persons or groups of people in an identical situation are treated differently, and where persons or groups of people in different situations are treated
This chapter discusses in greater depth the meaning of direct and indirect discrimination, some of their specific manifestations, such as multiple discrimination, harassment or instruction to discriminate, hate crime and hate speech and how they operate in practice through case law. It will then examine how the justification test operates.
2. Discrimination categories
2.3. Multiple and intersectional discrimination
2.4. Harassment and instruction to discriminate
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