This Research Handbook provides a comprehensive overview of European anti-discrimination law, outlining developments in both internnational law, as well as in EU law and the case-law of the European Court ational and of Human Rights. Critically assessing both legal doctrine and social impact, it describes and analyses emerging trends in this dynamic area of law.
Leading experts compare the case-law of the European Court of Human Rights and the EU Court of Justice, examining core concepts ranging from direct and indirect discrimination to harassment, intersectional discrimination and reasonable accommodation. Chapters explore specific topics such as positive action, migration policy and the threat of algorithmic discrimination, as well as shedding light on protected characteristics such as disability, ethnicity, religion, sex and sexual orientation. Contributors analyse the impact of relevant EU equality bodies as well as human rights treaties such as the European Social Charter, consider critical race theory, and challenge perspectives on binaries around gender and sex. They also assess the effectiveness of civil enforcement measures and analyse case-law relating to environmental discrimination, economic inequalities and other areas of concern.
The Research Handbook is an essential resource for students, academics and researchers specialising in anti-discrimination law, European law and human rights law, and is also greatly beneficial to socio-legal scholars and government officials.
Contents
Introduction to the Research handbook on European anti-discrimination law xiv
Julie Ringelheim and Iyiola Solanke
PART I SOURCES AND LEGAL CONTEXTS
1 Sources of anti-discrimination law 3
Marie Spinoy and Jogchum Vrielink
2 Approaches to non-discrimination: Comparing the European Court of
Human Rights and the Court of Justice of the European Union 29
Janneke Gerards
3 The European Social Charter and EU anti-discrimination law 47
Karin Lukas
4 The EU Charter and anti-discrimination law 67
Bruno De Witte
5 Free movement, prohibition of nationality discrimination and EU anti-
discrimination law 85
Sophie Robin-Olivier
6 Migration, asylum and EU anti-discrimination law 101
Janine Silga
PART II BASIC CONCEPTS
7 The concept of direct discrimination in European anti-discrimination law:
Theory, practice and limits 129
Raphaële Xenidis
8 Indirect discrimination 155
Mark Bell
9 Harassment 175
Karon Monaghan
10 Positive action 195
Kimberly A. Liu
11 Reasonable accommodation law in Europe: Where now and where next? 217
Anna Lawson
12 Intersectional discrimination as an epistemic injustice 237
Iyiola Solanke
PART III SUSPECT GROUNDS
13 Sex 261
Barbara Havelková
14 Race and ethnicity 281
Cengiz Barskanmaz
15 Religion and belief 301
Lucy Vickers
16 Sexual orientation 319
Emmanuelle Bribosia, Isabelle Rorive and Robin Médard Inghilterra
17 Emerging trends in disability anti-discrimination law in Europe 343
Andrea Broderick and Lisa Waddington
18 The ambivalent treatment of age discrimination: A sign of balance or
resistance? 363
Marie Mercat-Bruns
19 ‘Gender identity’ in European anti-discrimination law: A need to go
beyond a binary construction of sex/gender 387
Pieter Cannoot and Sarah Ganty
PART IV INSTITUTIONS AND REMEDIES
20 Equality bodies in the EU: Origins, challenges and future prospects 409
Sara Benedi Lahuerta
21 Civil enforcement of anti-discrimination legislation: Some perspectives on
locus standi, evidence and remedies 429
Sébastien De Rey and Petra Foubert
PART V CRITICAL PERSPECTIVES AND EMERGING DEVELOPMENTS
22 Anti-discrimination law and economic inequalities 447
Julie Ringelheim and Sarah Ganty
23 Environmental discrimination: Concepts and case law 475
Axel Gosseries and Refia Kaya
24 The puzzle of algorithmic discrimination in European equality law:
Putting together some practical, legal and conceptual pieces 497
Birte Böök and Linda Senden
25 Criminal law and discrimination in Europe: Towards critical race theory
approaches? 525
Eddie Bruce-Jones
Index
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