Research Handbook on European Anti-Discrimination Law by O’Cinneide, Colm; Ringelheim, Julie; Solanke, Iyiola;

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This Research Handbook provides a comprehensive overview of European anti-discrimination law, outlining developments in both intenational and national law, as well as in EU law and the case-law of the European Court of Human Rights. Critically assessing both legal doctrine and social impact, it describes and analyses emerging trends in this dynamic area of law.

Leading experts compare the case-law of the European Court of Human Rights and the EU Court of Justice, examining core concepts ranging from direct and indirect discrimination to harassment, intersectional discrimination and reasonable accommodation. Chapters explore specific topics such as positive action, migration policy and the threat of algorithmic discrimination, as well as shedding light on protected characteristics such as disability, ethnicity, religion, sex and sexual orientation. Contributors analyse the impact of relevant EU equality bodies as well as human rights treaties such as the European Social Charter, consider critical race theory, and challenge perspectives on binaries around gender and sex. They also assess the effectiveness of civil enforcement measures and analyse case-law relating to environmental discrimination, economic inequalities and other areas of concern.

The Research Handbook is an essential resource for students, academics and researchers specialising in anti-discrimination law, European law and human rights law, and is also greatly beneficial to socio-legal scholars and government officials.

This Research Handbook provides a comprehensive overview of European anti-discrimination law, outlining developments in EU, ECHR, international and national law. It engages in critical assessment of both legal doctrine and social impact, analysing emerging trends in anti-discrimination legislation. It also explores the effectiveness of civil enforcement measures, as well as exploring case law relating to environmental discrimination and economic inequalities.

‘Law against discrimination is no novelty, but this Research Handbook moves it to another level. Clearly structured and truly international, it addresses doctrine and policy, law and its implementation, promises and challenges – for all those who seek to understand, apply and further develop the law that makes equality real.’

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Contents
List of contributors viii
List of abbreviations xi
Introduction to the Research Handbook on European Anti-Discrimination Law xiv
Colm O’Cinneide, Julie Ringelheim and Iyiola Solanke
PART I SOURCES AND LEGAL CONTEXTS
1 Sources of anti-discrimination law 2
Marie Spinoy and Jogchum Vrielink
2 Approaches to non-discrimination: Comparing the European Court of Human Rights and the Court of Justice of the European Union 28
Janneke Gerards
3 The European Social Charter and EU anti-discrimination law 45
Karin Lukas
4 The EU Charter and anti-discrimination law 64
Bruno De Witte
5 Free movement, prohibition of nationality discrimination and EU anti-discrimination law 81
Sophie Robin-Olivier
6 Migration, asylum and EU anti-discrimination law 96
Janine Silga
PART II BASIC CONCEPTS
7 The concept of direct discrimination in European anti-discrimination law: Theory, practice and limits 123
Raphaële Xenidis
8 The concept of indirect discrimination 148
Mark Bell
9 The concept of harassment 167
Karon Monaghan
10 The concept of positive action 187
Kimberly A. Liu
11 Reasonable accommodation law in Europe: Where now and where next? 209
Anna Lawson
12 Intersectional discrimination as an epistemic injustice 229
Iyiola Solanke
PART III SUSPECT GROUNDS
13 The protected ground of sex 252
Barbara Havelková
14 Race and ethnicity as protected grounds 272
Cengiz Barskanmaz
15 The protected ground of religion and belief: Emerging trends 292
Lucy Vickers
16 Sexual orientation: The development of European case-law 311
Emmanuelle Bribosia and Isabelle Rorive, with Robin Médard Inghilterra
17 Emerging trends in disability anti-discrimination law in Europe 335
Andrea Broderick and Lisa Waddington
18 The ambivalent treatment of age discrimination: A sign of balance or resistance? 355
Marie Mercat-Bruns
19 ‘Gender identity’ in European anti-discrimination law: A need to go beyond a binary construction of sex/gender 378
Pieter Cannoot and Sarah Ganty
PART IV INSTITUTIONS AND REMEDIES
20 Equality bodies in the EU: Origins, challenges and future prospects 398
Sara Benedi Lahuerta
21 Civil enforcement of anti-discrimination legislation: Some perspectives on locus standi, evidence and remedies 417
Sébastien De Rey and Petra Foubert
PART V CRITICAL PERSPECTIVES AND EMERGING DEVELOPMENTS
22 Anti-discrimination law and economic inequalities 434
Julie Ringelheim and Sarah Ganty
23 Environmental discrimination: Concepts and case law 461
Axel Gosseries and Refia Kaya
24 The puzzle of algorithmic discrimination in European equality law: Putting together some practical, legal and conceptual pieces 482
Birte Böök and Linda Senden
25 Criminal law and discrimination in Europe: Towards critical race theory approaches? 510
Eddie Bruce-Jones
Index 531