| CODE | ECL5111 | ||||||
| TITLE | EU Anti-Discrimination Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | European and Comparative Law | ||||||
| DESCRIPTION | This study-unit provides an in-depth study of EU anti-discrimination legislation and pertinent developments in CJEU case law on non-discrimination and equality. It also introduces other intergovernmental human rights (anti-discrimination) frameworks namely those of the Council of Europe and the United Nations and the convergence which exists within these frameworks. The promotion of equality and non-discrimination is today a core element of the EU's objectives. It first developed in relation to gender equality within the employment sector. The EEC Treaty (Art. 119) contained the principle of equal work for equal pay, granting Community competence to adopt the first Equality Directives: The Equal Pay Directive of 1975 and the Equal Treatment Directive of 1976, which prohibited discrimination on grounds of gender in access to employment, vocational training and promotion, and working conditions. However, the real development in EU competence to legislate on non-discrimination came with the Treaty of Amsterdam of 1997 (Art. 13) following which, the EU adopted legislation covering wider grounds of discrimination (sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation). A series of new Equality Directives were introduced and a revision of the existing Gender Equality Directives was carried out. With the coming into force of the Lisbon Treaty, the powers and functions of the EU relating to equality and other human rights were recently amended and enhanced. In addition, today there is a growing convergence between the EU human rights frameworks and other intergovernmental human rights frameworks of the Council of Europe and the United Nations. The study of EU anti-discrimination legislation necessarily requires, at minimum, a sound background understanding of other European/international anti-discrimination instruments/provisions emanating from the above-mentioned intergovernmental/international bodies. Study-Unit Aims: 1. The development and key aspects of the Anti-Discrimination Directives; 2. The enhanced place of equality and other human rights in the EU since the Lisbon Treaty; 3. The relationship between the EU system of anti-discrimination and human rights law with the Council of Europe and United Nations human rights systems. It focuses on the grounds of sex/gender, race, sexual orientation, religion or belief, age and disability. The study unit consists of seven seminars of three hours each commencing with an overview of EU anti-discrimination law and human rights frameworks : The Race Directive (2000/43/EC) and the Framework Directive (2000/78/EC); pertinent provision of the TFEU, TEU and the EU Charter, and the relationship between the EU and the Council of Europe human rights frameworks, particularly the ECHR and the Istanbul Convention, and the UN human rights frameworks, mainly the Convention on the Rights of Persons with Disabilities. This is followed by an in-depth discussion of different types of discrimination that are prohibited, exceptions to the principles of non-discrimination and enforcement of rights under the Equality Directives. This is then followed by an in-depth discussion of the protected grounds and the relevant CJEU decisions with a comparative perspective of ECtHR decisions. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: a) have a comprehensive knowledge of EU anti-discrimination legislation in force; b) have a comprehensive knowledge of interpretation of direct and indirect discrimination and the exceptions thereof; c) a practical understanding of enforcing rights under the Equality Directives, including an understanding of the nature of the burden of proof within this area of law; d) a sound knowledge of relevant case law of the CJEU on anti-discrimination on all the grounds; e) an understanding of the convergence which exists within European anti-discrimination legislative frameworks. 2. Skills: By the end of the study-unit the student will be able to: a) determine whether a particular set of circumstances fall within anti-discrimination legislation as distinguished from other areas of fundamental rights; b) analyse the facts of an alleged anti-discrimination case and determine the applicable legislation and court doctrine. Main Text/s and any supplementary readings: Main Texts: - Evelyn Ellis, Philippa Watson, EU Anti-discrimination Law, Oxford European Union Law Library, 2nd Revised Edition, 2015. Supplementary Texts: Selected Chapters on EU anti-discrimination law from: - Anne CL Davies, EU Labour Law, Edward Elgar Publishing 2012; Chapters 4 & 5; - Paul Craig and Grainne De Burca, EU Law, Text, Cases and Materials, OUP, 7 th edition, 2020; - Catherine Barnard, EU Employment Law, OUP, 4th edition, 2012, Part III (Equality Law); - Takis Tridimas, General Principles of EU law, OUP, 3rd edition, 2022, Chapter 4. Handbooks and e-course available online: - Handbook on European non-discrimination law, EU Agency for Fundamental Rights & Council of Europe Publication, 2018, also found at https://fra.europa.eu/en/publication/2018/handbook-european-non-discrimination-law-2018-edition. - Susanne Burri and Sacha Prechal, EU Gender Equality Law, European Commission Publication, 2018, also found at https://dspace.library.uu.nl/bitstream/handle/1874/386024/4767_eu_gender_equality_law_update_2018_pdf_444_kb.pdf?sequence=1&isAllowed=y. - Academy of European Law (ERA) online e-course on Introduction to EU anti-discrimination law https://era-comm.eu/moodle/course/view.php?id=708. |
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| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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