Handbook on European non-discrimination law – Contents Certain issues of fact that often accompany examples of discrimination, such as the existence of prejudice, or an intention to discriminate, are not actually of relevance to determining whether the legal test for…
6.1. Shifting the burden of proof – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents The onus is normally on the person bringing the claim to convince the deciding body of the occurrence of discrimination. However, it can be particularly difficult to show that the differential treatment received…
6. Procedural issues in non-discrimination law – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents EU Issues covered CoE Employment Equality Directive (2000/78/EC), Art. 10 Sharing of the burden of proof ECHR, Art. 3 (prohibition of torture), Art. 14 (prohibition of discrimination) ECtHR, Virabyan v. Armenia, No. 40094/05,…
5.12. ‘Other status’ – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under the ECHR, the term ‘other status’ is broadly defined by the ECtHR as “differences based on an identifiable, objective, or personal characteristic, or “status”, by which individuals or groups are distinguishable from…
5.11. Political or other opinion – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under the ECHR, ‘political or other opinion’ is expressly listed as a protected ground. However, under EU law they do not feature among the grounds protected by the EU non-discrimination directives. At a…
5.10. Language – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under EU law, the ground of language does not feature, of itself, as a separate protected ground under the non-discrimination directives. Nevertheless, it may be protected under the Racial Equality Directive in so…
5.9. Social origin, birth and property – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents It is possible to view these three grounds as interconnected as they relate to a status imputed to an individual by virtue of an inherited social, economic or biological feature.[604] As such they…
5.8. Religion or belief – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents While EU law contains some limited protection against discrimination on the basis of religion or belief, the ECHR’s scope is significantly wider than this, since Article 9[583] contains a self-contained right to freedom…
5.7. Nationality or national origin – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Key points Under the ECHR, discrimination on the basis of national origin features is a protected ground. Under EU law, nationality discrimination is prohibited in the context of the free movement of persons.…
5.6. Race, ethnicity, colour and membership of a national minority – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under EU law, although the Racial Equality Directive does exclude ‘nationality’ from the concept of race or ethnicity, the CJEU interpreted the concept of ethnicity according to Article 14 of the ECHR as…