The question of discrimination has been a point of convergence for clashing societal demands. Claims for identity and diversity accommodation have met increasing opposition in the form of assimilationist discourses on security and dignity. Due to its balancing function, antidiscrimination law has been on the frontline of these debates, crystallising questions over its scope, purpose...
Effectivity and Efficiency of Employment Quota for Persons with Disabilities: A Comparative Study of the French and Taiwanese Cases Based on the CRPD Objective
Convention on the Rights of Persons with Disabilities pursues a comprehensive protection of persons with disabilities for their effective integration in the economic sphere. In France as in Taiwan, a system of employment quota with pecuniary sanction has been established. Yet the lack of economic incentive may drive private employers to offer positions with least...
The diversification of concepts in antidiscrimination law: the case of discrimination “by association“ in front of ECJ and ECtHR
The concept of discrimination has substantially evolved since its first applications in the second part of the 20th century. Indeed, while internal law and international conventions only targeted discrimination grasped as rules causing a disadvantage towards a person or a group on the basis of an illegitimate criteria, new distinctions have emerged. The recent introduction...
Transforming EU Equality Law: On Disruptive Narratives and False Dichotomies
The adoption of the Race Equality Directive (2000/43/EC), the Framework Directive (2000/78/EC) and the Gender Directive on goods and services (2004/113/EC) radically transformed the landscape of EU non-discrimination law. From a means to advance market integration, non-discrimination law is said to have evolved towards a genuine fundamental right of equality. Yet, the CJEU‘s efforts to...
Towards a Judicial Analysis Focused on the Effects of the Adverse Treatment: What Implications for Anti-Discrimination Law?
The courts have originally approached discrimination through its purest and cleanest manifestation, as an intentional act, intended to adversely treat a person or a group, resentfully considered because of the assignment of a protected characteristic. While the perception of discrimination by judges has considerably evolved in a few decades, new forms of discrimination are frequently...