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EU Anti-Discrimination Law beyond Gender

Editor(s): Uladzislau Belavusau, Kristin Henrard
Media of EU Anti-Discrimination Law beyond Gender
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Published: 15-11-2018
Format: PDF eBook (?)
Edition: 1st
Extent: 392
ISBN: 9781509915002
Imprint: Hart Publishing
RRP: £64.80
Online price : £58.32
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Loren Epson

About EU Anti-Discrimination Law beyond Gender

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age.

Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Table Of Contents

Preface
Koen Lenaerts, the President of the Court of Justice of the European Union
1. The Impact of the 2000 Equality Directives on EU Anti-Discrimination Law: Achievements and Pitfalls
Uladzislau Belavusau & Kristin Henrard

Part I Theoretical and Procedural Aspects
2. Multiple Discrimination in EU Anti-Discrimination Law: Towards Redressing Complex Inequality?
Raphaële Xenidis
3. EU Equality Law and Precarious Work
Mark Bell
4. The Effective Protection against Racial Discrimination and the Burden of Proof: Making up the Balance of the Court of Justice's Guidance
Kristin Henrard
5. When Equality Directives are not Enough: Taking an Issue with the Missing Minority Rights Policy in the EU?
Dimitry Kochenov

Part II Race and Ethnicity
6. Eighteen Years of the EU Equality Directive: A Mitigated Balance
Mathias Möschel
7. Romani Marginalisation after the Race Equality Directive
Morag Goodwin

Part III Religion
8. Religious Discrimination in the Workplace: Achbita and Bougnaoui
Eugenia Relaño Pastor
9. Unveiling the Culture of Justification in the European Union: Religious Clothing and the Proportionality Review
Anna Sledzinska-Simon

Part IV Sexual Orientation
10. The Impact of Framework Equality Directive on the Protection of LGB Persons and Same-Sex Couples from Discrimination under EU Law
Alina Trydonidou
11. EU Law as an (In)Direct Source of LGB Rights
Philip M. Ayoub

Part V Age
12. Justifying Age Discrimination in the EU
Rachel Horton
13. EU Age Discrimination Law: A Curse or a Blessing for EU Youth Policy?
Beryl Ter Haar

Part VI Disability
14. Breaking Down Barriers? The Judicial Interpretation of “Disability” and “Reasonable Accomodation” in EU Anti-Discrimination Law
Luísa Lourenço and Pekka Pohjankoski
15. The Influence of the UN Convention on the Rights of Persons with Disabilities on EU Anti-Discrimination Law
Lisa Waddington
16. Epilogue: The Limits of Transformative Change in European Equality Law
Bruno De Witte

Reviews

“The book is a hugely valuable contribution to the existing literature on EU anti-discrimination law and an outstanding piece of scholarly work, providing thought-provoking insights to the way in which the principle of equality applies to race and ethnicity, religion, sexual orientation, age and disability.” –  Koen Lenaerts, President of the Court of Justice of the European Union,

“For anyone interested in a critical assessment of how EU anti-discrimination law has developed for members of minority groups (religious, ethnic, racial, sexual-identity, others) this is now the place to start, with accessible, readable, thought-provoking chapters by leading and up-and-coming scholars in the field.” –  David B. Oppenheimer, Professor of Law at UC Berkeley Law School,

“This volume goes to the heart of one of the most dynamic and fascinating fields of EU law. We are faced with an excellent contribution, which will be the reference book on EU discrimination law in the years to come, of great benefit to academics, officials, practitioners, judges and anyone interested in anti-discrimination policies in general.” –  Allan Rosas, Judge at the Court of Justice of the European Union,

“This book is a very special kind of garden guide. It compares today's EU anti-discrimination law with a Garden of Equal Delights. The reason for this, the editors explain, is that despite all its flaws, the EU offers one of the highest standards of protection in comparative anti-discrimination law. Whilst this is true, discrimination is a factually complex field of EU law, and understanding and navigating it is helped immensely by the kind of guide provided by this book.” –  Christa Tobler, Professor of European Law at the Universities of Basel (Switzerland) and Leiden (the Netherlands),

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