The European Union as Protector and Promoter of Equality

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles. Front Matter ....Pages i-vii Introduction: Is the European Union a Credible Protagonist of Equality in Europe and the Wider World? (Thomas Giegerich)....Pages 1-10 Front Matter ....Pages 11-11 Are Equality and Non-Discrimination Part of the EU’s Constitutional Identity? (Stefan Kadelbach)....Pages 13-24 Equality and Non-Discrimination as an Integral Part of the EU Constitutional Identity (Ana Maria Guerra Martins)....Pages 25-44 The Political Dimensions of Equality in the European Union: Equality of Union Citizens and Equality of Member States in a Supranational Representative Democracy (Thomas Giegerich)....Pages 45-95 The Protection and Promotion of Language Equality in the EU: Gaps, Paradoxes, and Double Standards (Xabier Arzoz)....Pages 97-112 Front Matter ....Pages 113-113 Uniformity or Variation: Should the CJEU ‘Carry Over’ its Gender Equality Approach to the Post-2000 Equality Grounds? (Colm O’Cinneide)....Pages 115-133 Non-Discrimination, the European Court of Justice and the European Court of Human Rights: Who Takes the Lead? (Janneke Gerards)....Pages 135-163 Has the EU Taken Comprehensive and Coherent Action to Combat Discrimination? (Sara Benedi Lahuerta)....Pages 165-184 The Coherence of EU Antidiscrimination Law: A Look at its Systemic Approach in Light of Relational Grounds of Discrimination and Collective Norms in Employment (Marie Mercat-Bruns)....Pages 185-198 Genuine and Determining Occupational Requirement as an Exception to the Prohibition of Discrimination in EU Law (Justyna Maliszewska-Nienartowicz)....Pages 199-217 The Concept of “Genuine and Determining Occupational Requirements” in EU Equality Law: A Critical Approach (Sara Iglesias Sánchez)....Pages 219-233 Making Antidiscrimination Law Effective: Burden of Proof, Remedies and Sanctions in Discrimination Cases (Katrin Wladasch)....Pages 235-244 Substantive Formal Equality in EU Non-Discrimination Law (Marc De Vos)....Pages 245-267 A Quite Peculiar Example of Positive Action: The New Directive on Work-Life Balance (Álvaro Oliveira)....Pages 269-279 Front Matter ....Pages 281-281 The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity (Andreas R. Ziegler)....Pages 283-296 Overweight and Obesity as Novel Grounds of Discrimination (Dagmar Richter)....Pages 297-335 Non-ideal Weight Discrimination in EU Law (Tamara Hervey, Christa Tobler)....Pages 337-347 The Impact of the UN Convention on the Rights of Persons with Disabilities on EU Anti-Discrimination Law (Theresia Degener)....Pages 349-362 The United Nations Convention on the Rights of Persons with Disabilities and EU Disability Law: Towards a Converging Vision of Equality? (Andrea Broderick)....Pages 363-390 Age Discrimination as a Bone of Contention in the EU (Gözde Kaya)....Pages 391-415 Age Discrimination as a Bone of Contention in the EU: A Psychological Perspective (Ulrike Fasbender)....Pages 417-425 Front Matter ....Pages 427-427 The EU’s Law and Policy Framework for the Promotion of Gender Equality in the World (Anne Thies)....Pages 429-454 From Hierarchy to Dialogue: EU-Africa Exchange on the Right to Equality and the Prohibition of Discrimination by Religious Organisations (Rosaan Krüger)....Pages 455-473 European Anti-Discrimination Law: The American Perspective (Mathias Möschel)....Pages 475-485 The European Union as Promoter of Equality in Asia: Beyond Economic Tools of Influence (Holning Lau, Kelley Loper)....Pages 487-502 Introduction: Is the European Union a Credible Protagonist of Equality in Europe and the Wider World?.- Part I Equality as a Fundamental Value of the EU.- Are Equality and Non-Discrimination Part of the EU's Constitutional Identity?.- Equality and Non-Discrimination as an Integral Part of the EU Constitutional Identity.- The Political Dimensions of Equality in the European Union: Equality of Union Citizens and Equality of Member States in a Supranational Representative Democracy.- The Protection and Promotion of Language Equality in the EU: Gaps, Paradoxes, and Double Standards.- Part II The EU as Protector of Equality: General Part of EU Antidiscrimination Law.- Uniformity or Variation: Should the CJEU 'Carry Over' its Gender Equality Approach to the Post-2000 Equality Grounds?.- Non-Discrimination, the European Court of Justice and the European Court of Human Rights: Who Takes the Lead?.- Has the EU Taken Comprehensive and Coherent Action to Combat Discrimination?.- The Coherence of EU Antidiscrimination Law: A Look at its Systemic Approach in Light of Relational Grounds of Discrimination and Collective Norms in Employment.- Genuine and Determining Occupational Requirement as an Exception to the Prohibition of Discrimination in EU Law.- The Concept of 'Genuine and Determining Occupational Requirements' in EU Equality Law: A Critical Approach.- Making Antidiscrimination Law Effective: Burden of Proof, Remedies and Sanctions in Discrimination Cases.- Substantive Formal Equality in EU Non-Discrimination Law.- A Quite Peculiar Example of Positive Action: The New Directive on Work-Life Balance.- Part III Selected Special Issues of Antidiscrimination Law.- The European Union as a Protector and Promoter of Equality: Discrimination on Grounds of Sexual Orientation and Gender Identity.- Overweight and Obesity as Novel Grounds of Discrimination.- Non-ideal Weight Discrimination in EU Law.- The Impact of the UN Convention on the Rights of Persons with Disabilities on EU Anti-Discrimination Law.- The United Nations Convention on the Rights of Persons with Disabilities and EU Disability Law: Towards a Converging Vision of Equality?.- Age Discrimination as a Bone of Contention in the EU.- Age Discrimination as a Bone of Contention in the EU: A Psychological Perspective.- Part IV The EU as Promoter of Equality: Inside and Outside Perspective.- The EU's Law and Policy Framework for the Promotion of Gender Equality in the World.- From Hierarchy to Dialogue: EU-Africa Exchange on the Right to Equality and the Prohibition of Discrimination by Religious Organisations.- European Anti-Discrimination Law: The American Perspective.- The European Union as Promoter of Equality in Asia: Beyond Economic Tools of Influence