Handbook on European non-discrimination law – Contents 2.4.1. Harassment and instruction to discriminate under the EU non-discrimination directives Key point Harassment is a particular manifestation of direct discrimination treated separately under EU law. A prohibition on harassment and on instruction…
2.3. Multiple and intersectional discrimination
Handbook on European non-discrimination law – Contents Key points Addressing discrimination from the perspective of a single ground fails to tackle adequately various manifestations of unequal treatment. ‘Multiple discrimination’ describes discrimination that takes place on the basis of several grounds…
2.2. Indirect discrimination
Handbook on European non-discrimination law – Contents Key points Indirect discrimination occurs when an apparently neutral rule disadvantages a person or a group sharing the same characteristics. It must be shown that a group is disadvantaged by a decision when…
2.1. Direct discrimination
Handbook on European non-discrimination law – Contents Key points Direct discrimination is when a person is treated less favourably on the basis of ‘protected grounds’. Less favourable treatment is determined through a comparison between the alleged victim and another person,…
2. Discrimination categories
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…
1.4. Scope of EU non-discrimination law
Handbook on European non-discrimination law – Contents Key points Under EU non-discrimination law, the prohibition on discrimination is free-standing, but it is limited to specific areas. Article 20 of the EU Charter confirms that everyone is equal before the law;…
1.3. Scope of the ECHR: Article 14 and Protocol No. 12
Handbook on European non-discrimination law – Contents Key points Article 14 of the ECHR prohibits discrimination only in relation to the exercise of another right guaranteed by the Convention. Under Protocol No. 12, the prohibition of discrimination became a free-standing…
1.2. Who receives protection under European non-discrimination law?
Handbook on European non-discrimination law – Contents Key points The ECHR protects all individuals within the jurisdiction of its 47 States Parties. Under EU secondary law, the protection is somewhat limited. A preliminary point should be made on the issue…
1.1.3. European non-discrimination law and UN human rights treaties
Handbook on European non-discrimination law – Contents Key points European human rights law is influenced by the UN human rights treaties. The European Union has ratified the Convention on the Rights of Persons with Disabilities (CRDP), the provisions of which…
1.1.2. European Union: development of nondiscrimination law
Handbook on European non-discrimination law – Contents Key points EU non-discrimination law comprises a variety of legal acts promoting equality in different areas of life. EU institutions are legally bound to observe provisions of the EU Charter of Fundamental Rights,…