European Non-Discrimination Law

Description

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 approachThis study consists of three parts. Firstly, an analysis is presented of the EU non-discrimination Directives 200654, 200043 and 200078, and the ECJs 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 ECtHRs 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.