Indirect discrimination by association - An analysis of the Court of Justice of the European Union's judgement in "CHEZ RB" (C-83/14)
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Date
2016
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Te Herenga Waka—Victoria University of Wellington
Abstract
This paper deals with EU anti-discrimination law. On the basis of the ECJ’s judgment in “CHEZ RB” the paper examines the distinction between direct and indirect discrimination and analyses the scope of the concept of discrimination by association, acknowledged, for the first time, in the ECJ’s judgment in “Coleman”. Emphasis will be put on the question whether the ECJ has established discrimination by association as a general concept in EU anti-discrimination law, valid for all types of discrimination, direct or indirect, and irrespective of the referred ground or the degree of association.
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Keywords
Directive 2000/43/EC, Discrimination by association, Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, Discrimination on grounds of ethnic origin (Roma people), Discrimination on grounds of ethnic origin, Roma people, Concept of ‘‘direct discrimination’’/‘‘indirect discrimination’’ and possible justification