Publication details

Prohibition of Discrimination on the grounds of Sexual Orientation from the EU Law Perspective

Authors

KOMENDOVÁ Jana

Year of publication 2011
Type Article in Proceedings
Conference Az állam és jog alapvető értékei II.
MU Faculty or unit

Faculty of Law

Citation
Web http://doktiskjog.sze.hu/index.php?option=com_docman&task=cat_view&gid=28&Itemid=46
Field Law sciences
Keywords Equal treatment; prohibition of discrimination; sexual orientation; gender; EU law; case-law; employment; remuneration.
Description The paper deals with the prohibition of discrimination based on sexual orientation in the EU law. This ground of discrimination was for the first time recognized by the Treaty of Amsterdam in 1997 that introduced the power of the EU institutions to take appropriate action to combat discrimination based on inter alia sexual orientation. The legally binding measure regulating this issue is the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. The paper analyses especially prohibited forms of discrimination that is direct discrimination, indirect discrimination, harassment and instruction to discriminate and the scope of application of the aforesaid Directive with respect to the relevant case-law of the European Court of Justice.

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