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PDF - Handbook on European non-discrimination law (2018 edition) (2018)
Protection against discrimination in Europe can be found within both EU and Council of Europe law. Both systems operate separately but they can influence each other through their case law.
European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European non-discrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners – such as judges, prosecutors and lawyers, as well as lawenforcement officers – in the EU and Council of Europe member states and beyond.
Published jointly by the European Court of Human Rights and the European Union Agency for Fundamental Rights (FRA)
To order a hard copy of the handbook or any other FRA publication, write to: info@fra.europa.eu
FOREWORD
ABBREVIATIONS
HOW TO USE THIS HANDBOOK
1 INTRODUCTION TO EUROPEAN NON-DISCRIMINATION LAW: CONTEXT, EVOLUTION AND KEY PRINCIPLES
1.1. Context and background to European non-discrimination law
Key points
1.1.1. Council of Europe: development of non-discrimination law
Key point
1.1.2. European Union: development of non-discrimination law
Key points
1.1.3. European non-discrimination law and UN human rights treaties
Key points
1.2. Who receives protection under European non-discrimination law?
Key points
1.3. Scope of the ECHR: Article 14 and Protocol No. 12
Key points
1.3.1. Rights covered by the ECHR
1.3.2. Scope of ECHR rights
1.3.3. Protocol No. 12 to the ECHR
1.4. Scope of EU non-discrimination law
Key points
2 DISCRIMINATION CATEGORIES
Key point
2.1. Direct discrimination
Key points
2.1.1. Less favourable treatment
2.1.2. A comparator
2.1.3. Causation
2.1.4. Discrimination by association
2.2. Indirect discrimination
Key points
2.2.1. A neutral rule, criterion or practice
2.2.2. Significantly more negative in its effects on a protected group
2.2.3. A comparator
2.3. Multiple and intersectional discrimination
Key points
2.4. Harassment and instruction to discriminate
2.4.1. Harassment and instruction to discriminate under the EU non-discrimination directives
Key point
2.4.2. Harassment and instruction to discriminate under the ECHR and ESC
2.5. Special or specific measures
Key points
2.6. Hate crime
Key point
2.7. Hate speech
Key point
3 JUSTIFICATION FOR LESS FAVOURABLE TREATMENT UNDER EUROPEAN NON-DISCRIMINATION LAW
3.1. Application of objective justification under ECHR
Key points
3.2. Application of the objective justification under EU law
Key point
3.3. Specific grounds of justification under EU law
Key points
3.3.1. Genuine occupational requirement
3.3.2. Religious institutions
3.3.3. Exceptions on the basis of age
4 SELECTED AREAS OF PROTECTION
Key point
4.1. Employment
4.2. Access to welfare and social security
4.3. Education
4.4. Access to supply of goods and services, including housing
4.5. Access to justice
4.6. The ‘personal’ sphere: private and family life, adoption, home and marriage
4.7. Political participation: freedom of expression, assembly and association, and free elections
4.8. Criminal law matters
5 PROTECTED GROUNDS
Key points
5.1. Sex
5.2. Gender identity
Key points
5.3. Sexual orientation
5.4. Disability
5.5. Age
5.6. Race, ethnicity, colour and membership of a national minority
5.7. Nationality or national origin
Key points
5.8. Religion or belief
5.9. Social origin, birth and property
5.10. Language
5.11. Political or other opinion
5.12. ‘Other status’
6 PROCEDURAL ISSUES IN NON-DISCRIMINATION LAW
Key points
6.1. Shifting the burden of proof
6.2. Circumstances irrelevant for the finding of discrimination
6.3. Role of statistics and other data
6.4. Enforcement of non-discrimination law
Key points
CASE LAW
INDEX
LIST OF LEGAL TEXTS
NOTE ON CITATION
Protection against discrimination in Europe can be found within both EU and Council of Europe law. Both systems operate separately but they can influence each other through their case law.
European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European non-discrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners – such as judges, prosecutors and lawyers, as well as lawenforcement officers – in the EU and Council of Europe member states and beyond.
Published jointly by the European Court of Human Rights and the European Union Agency for Fundamental Rights (FRA)
To order a hard copy of the handbook or any other FRA publication, write to: info@fra.europa.eu