European Non-Discrimination Law

Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?




Author(s):
Sarah Haverkort-Speekenbrink
Series:
School of Human Rights Research Series
Volume:
59
book | published | 1st edition
November 2012 | xviii + 378 pp.

Paperback
€75.-


ISBN 9781780681269


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Details

Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?

This study consists of three parts. Firstly, an analysis is presented of the EU non-discrimination Directives 2006/54, 2000/43 and 2000/78, and the ECJ’s assessment in cases of alleged sex, race and religious discrimination in the public workplace. Secondly, the non-discrimination provisions of the European Convention on Human Rights (ECHR) and the right to freedom of religion are studied. Further, the ECtHR’s assessment in cases involving potential discrimination in the public workplace based on sex, race and religion are examined. In the final part a comparison is made between the provisions and the assessment of the ECJ and the ECtHR.

Besides an examination of European legislation, case law and academic literature, this research also uses a legal case study to explore the similarities and differences between the non-discrimination regimes. Accordingly, the theory is again discussed, but now in light of a much debated issue in Europe: the wearing of the Islamic headscarf in public employment. The result of the study is a detailed explanation of the relevant similarities and differences between the approaches of the two Courts to claims of discrimination.


About this book
‘[This book] provides an extensive (in places critical) overview over the relevant case law of the ECtHR and is […] unreservedly recommended.’
Sabine Scharnagl in NLMR 2013 (391)





Chapters

Table of Contents (p. 0)

Introduction

Chapter 1. Introduction (p. 1)

Part I. EU Non-Discrimination Law

Chapter 2. The EU Protection against Discrimination on Grounds of Sex, Race and Religion (p. 27)

Chapter 3. The ECJ’s Assessment of Sex, Race and Religious Discrimination in Public Employment (p. 49)

Chapter 4. The ECJ and the Islamic Headscarf Case (p. 89)

Part II. The Rights to Non-Discrimination and Freedom of Religion in the ECHR and the ECtHR’s Assessment

Chapter 5. The Rights to Non-Discrimination and Freedom of Religion in the ECHR (p. 119)

Chapter 6. The ECtHR’s Assessment of Sex, Race and Religious Discrimination (p. 143)

Chapter 7. The ECtHR and the Islamic Headscarf Case (p. 177)

Part III. A Comparison of two European Regimes and their Legal Approach to Discrimination in Public Employment

Chapter 8. A Comparison of European Non-Discrimination Law (p. 191)

Chapter 9. A Comparison of Non-Discrimination Law (EU) and the Right to Freedom of Religion (ECHR) (p. 271)

Chapter 10. The Proof of the Pudding: The Islamic Headscarf Case (p. 289)

Conclusions

Chapter 11. Conclusions: A Discrepancy Between the Courts? (p. 299)

Samenvatting (Summary in Dutch) (p. 331)

Bibliography (p. 347)

Table of Cases (p. 361)

Index (p. 369)

Curriculum Vitae (p. 375)

About the series:

School of Human Rights Research Series

The School of Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The world famous School of Human Rights Research is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.
Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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