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.>

For [its] focus, as well as for the range and quality of its chapters, the book makes an important contribution to the literature on EU's anti-discrimination law.

Préface
This collection offers a critical retrospective on the development of equality law in the European Union.

Auteur
Uladzislau Belavusau is a Senior Researcher in European law at the T.M.C. Asser Institute (The Hague) University of Amsterdam (the Netherlands). Previously, he was an Assistant Professor at the Vrije Universiteit Amsterdam (2011-2015) and holds his Ph.D. from the European University Institute (Florence, Italy). He has published extensively on EU anti-discrimination law, human rights, comparative constitutional law, and memory politics. In 2015, Dr. Belavusau received the Marco Biagi Award for the best article from the International Association of Labour Law Journals.Kristin Henrard is a Professor of Fundamental Rights, in particular pertaining to vulnerable groups, including minorities, at the Erasmus University of Rotterdam (EUR). Prof. Henrard has held visiting fellowships at the Leuven Centre for Global Governance Studies (Leuven, Belgium); the Max Planck Institute on Ethnic and Religious Diversity (Göttingen, Germany); the Centre d' Etudes Ethniques des Universités Montréaloises (Québec, Canada), and the African Centre for Migration and Society (Johannesburg, South Africa). In addition, she is a Senior Non-Resident Researcher at the European Centre on Minority Issues (Flensburg, Germany). Her research over the past twenty years has continuously branched out to more general doctrines of fundamental rights, the right to equal treatment, the legitimacy quest of international courts, and multi-disciplinary legal research regarding integration and nationality. Prof. Henrard has won a prestigious VIDI grant of the Dutch Council for Scientific Research to work on a research project on the implications for minority protection of the Race Equality Directive (2005-2010). KRISTIN HENRARD is a lecturer in the Department of International and Constitutional Law at the University of Groningen in the Netherlands. Her main publications pertain to human rights, minority rights, and constitutional law.

Contenu
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 Tryfonidou 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