The case for a considered hierarchy of discrimination grounds in EU law.

Howard, Erica (2007) The case for a considered hierarchy of discrimination grounds in EU law. Maastrict Journal of European and Comparative Law, 13 (4). pp. 445-470. ISSN 1023-263X

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Abstract

The EU has legislation, based on Article 13 EC, against discrimination on the grounds of sex, racial and ethnic origin, religion or belief; disability, age and sexual orientation, but the protection provided is not the same for all these grounds. It can be said that this EU legislation creates a hierarchy of discrimination grounds, with racial or ethnic origin at the top, closely followed by sex, with religion or belief; disability and sexual orientation below this and age at the bottom. In this paper, I argue that this hierarchy is the outcome of political pragmatism, rather than of a deliberate consideration ofthe diflerent grounds. I will suggest that a hierarchy is not necessarily wrong, but that a more considered decision should be made about which grounds need strongerprotection. I propose an alternative way of deciding this question, using the distinction of suspect grounds made by the European Court of Human Rights under the ECHR.

Item Type:Article
Research Areas:School of Law > Law
ID Code:191
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Deposited On:24 Oct 2008 15:54
Last Modified:18 Jul 2014 12:44

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