Handbook on European non-discrimination law – Contents The protected ground of age relates to differential treatment or enjoyment based on a victim’s age. Under the ECHR, although age discrimination per se does not fall within the ambit of a particular…
5.4. Disability – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Neither the ECHR nor the Employment Equality Directive provide a definition of disability. Because of the nature of the CJEU’s role, national courts frequently determine what constitutes a disability and present it as…
5.3. Sexual orientation – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Sexual orientation can be understood to refer to “each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate relations with, individuals of a different gender or the same gender or…
5.2. Gender identity – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Key points Under the ECHR, gender identity is protected under the category of ‘other status’. Under EU law, gender identity is protected to a limited extent under the protected ground of sex. It…
5.1. Sex – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Sex discrimination is relatively self-explanatory, in that it refers to discrimination that is based on the fact that an individual is either a woman or a man. Under EU law, this is the…
5. Protected grounds – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents EU Issues covered CoE TFEU, Art. 8 and Art. 157 Sex ECHR, Art. 2 (right to life), Art. 3 (prohibition of torture), Art. 14 (prohibition of discrimination) ECtHR, Emel Boyraz v. Turkey, No.…
4.8. Criminal law matters – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under the ECHR, the prohibition of discrimination can relate to criminal law matters across a variety of rights, including the right to a fair trial (Article 6), the right to liberty (Article 5), the…
4.7. Political participation: freedom of expression, assembly and association, and free elections
Handbook on European non-discrimination law – Contents EU law confers a limited range of rights in this respect. Article 10 (3) of the TEU provides that every citizen shall have the right to participate in the democratic life of the…
4.6. The ‘personal’ sphere: private and family life, adoption, home and marriage – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under both EU law and the ECHR, the right for respect for private and family life is guaranteed (Article 8 of the ECHR[381] and Article 7 of the EU Charter of Fundamental Rights).…
4.5. Access to justice – Handbook on European non-discrimination law
Handbook on European non-discrimination law – Contents Under EU law and the ECHR,[374] the relation of the right to access to justice to the prohibition of discrimination can be seen from two perspectives: (i) Access to justice in cases of…