Suchergebnisse

In the past years, discussions about equality law in the EU have witnessed the emergence of growing concerns about 'intersectionality'. In cases of multiple and intersectional discrimination, victims experience differential treatment or disadvantage based on several grounds, for instance gender and race. This type of complex and multi-layered discrimination poses specific challenges to EU anti-discrimination law, which systematically tends to reduce discrimination to one single protected category. Consequently, multiple and intersectional discrimination often falls into the cracks of equality protection, raising the question of whether EU anti-discrimination law is an adequate instrument to combat intersectional discrimination. Despite rising awareness about the necessity to address this issue, neither EU legislation nor jurisprudence has provided an adequate answer so far. Rather, the warning against 'multiple discrimination' contained in the preambles of the Race Equality Directive 2000/43/EC (14) and the Framework Directive 2000/78/EC (3) falls short of bringing conceptual clarity. However, despite the Court's apparent lack of understanding of the issue of intersectionality—culminating in Parris in 2016 – this chapter argues that a careful reading of the few cases of discrimination invoking multiple grounds brought to the CJEU reveals potential paths towards recognizing intersectional discrimination. This chapter reviews these pathways to recognition and demonstrates how they could contribute to a better protection of equality for victims of multiple and intersectional discrimination.

The presentation explores whether housing law and anti-discrimination law can be reflected upon jointly in order to address socioeconomic inequalities, understood as major constraints to the access to adequate housing. The first section analyses the prohibition of discrimination on the grounds of socioeconomic status as contained in selected international human rights instruments and in European Union law, in light of the guidance of the bodies tasked with their interpretation and application. The second section focuses specifically on housing, examining how the aforementioned prohibition applies in this field and which specific mechanisms ought to be put in place to effectively secure the right to housing of low-income groups.

"The following employment study is divided into three parts. The first part describes in detail the situation of foreign employees on the German labour market. Furthermore, possible causes for the situation of migrants on the labour market are discussed and prognoses on the further development are given. Both of the second and third parts of the employment analysis focus on a more specific topic: As education and qualification are the most important conditions for integration in the labour market, different possibilities of qualification especially for young people with a migrant background are described in more detail first. Although the relatively poor positioning of migrants in the labour market is mostly explained by references to human capital factors, it cannot be denied that cases of discrimination do occur, both upon entering the labour market and in the workplace. Therefore, in the third part of the following study, several qualitative studies and also court cases were analysed to examine cases of discrimination in the labour market, too." (author's abstract)