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European Equality Law Network

European network of legal experts in gender equality and non-discrimination

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Thematic reports

 

This thematic report provides a comparative overview of how these legal instruments have been complied with in the 27 EU Member States, and aims to establish how and to what extent the legal framework and its practical application in the different Member States provide protection against antisemitism in three main areas: (i) non-discrimination; (i) hate crimes; and (iii) hate speech. It identifies gaps in the existing legal protections and/or their enforcement across the EU Member States and makes recommendations on mechanisms for the provision of effective protection against acts motivated by antisemitism.

Publication date: 22 March 2024. Topics

This thematic report, written by Miguel de la Corte Rodríguez, discusses Directive 2019/1158 on work-life balance for parents and carers (WLB Directive), which modernises existing rights such as parental leave and the right to request flexible working arrangements (FWAs), and creates new rights at European level, such as paternity leave and carers’ leave. Almost one year after the end of the Directive's implementation period, this report analyses the most important aspects about the implementation of the Directive in the EU Member States, and concludes that there is still considerable work to be done at national level to achieve a proper implementation of the WLB Directive.

This report examines jurisprudence interpreting the obligations relating to the prohibition of disability discrimination and the duty of reasonable accommodation that is developing within the Court of Justice of the European Union (CJEU), in the United Nations (UN) Committee on the Rights of Persons with Disabilities (CRPD Committee), and in national courts and quasi-judicial bodies.

This thematic report is a study on the promotion of gender-balanced political decision-making in the 27 EU Member States, Iceland, Norway, Liechtenstein and the UK.

The report aims to: (1) map and bring to light the current legal (hard and soft law) and policy frameworks on the promotion of gender balance in decision-making in political life in the countries covered by the report; (2) identify obstacles on promoting gender balance in decision-making in political life; (3) identify national promising/best practices on promoting gender balance in decision-making in political life; and (4) propose possible ways forwards for European Union and Commission action.

The introductory chapter sets the scene by explaining the context, scope and aims of the report. The introduction also provides a note on how key concepts are understood and used in the report as well as a description of the methodology.

The Work-Life Balance Directive, which should have been transposed in Member States by 2 August 2022, has been a milestone in EU legislation concerning the reconciliation of work and family life. It aims to improve the situation of women in the labour market by creating better work-life balance measures and promoting a better sharing of caring responsibilities between women and men. This report written by Miguel de la Corte-Rodríguez assesses the implementation of the Directive in the EU Member States and the gaps remaining in national systems.

Publication date: 20 December 2022. Topics

Indirect discrimination is one of several types or forms of discrimination listed in Directives 2000/43 and 2000/78, which are part of the EU’s statutory equality or non-discrimination law. However, experience has shown that the concept of indirect discrimination is often not understood and sometimes not even accepted or acknowledged. Moreover, its application in practice presents a number of challenges. This report, written by Christa Tobler, updates an earlier report on indirect discrimination written in 2008 by presenting developments and challenges in CJEU case law as well as national legislation and case law in the Member States.

Publication date: 15 December 2022. Topics

This report by Niall Crowley focuses on structural discrimination on the ground of racial or ethnic origin. The European Commission identifies structural racism as the ‘underlying problem’ in its EU Anti-Racism Action Plan. In doing so, the European Commission has put down a key marker for action in addressing the issue of racism, and presented a key challenge to be met if racism is to be effectively combated. This report explores the legal, policy and institutional initiatives developed at national level, as well as case law, across EU Member States, that could contribute to addressing structural racism. It aims to identify learning from this review of the situation across the Member States, in order to inform and enable more consistent and coherent action on the issue at national level, and effective support for such action from the European level.

Publication date: 13 December 2022. Topics

This thematic report focuses on Council Directive 2004/113/EC (the Directive or the Goods and Services Directive). The purpose of this Directive is ‘to lay down a framework for combating discrimination based on sex in access to goods and services, with a view to putting into effect in the Member States the principle of equal treatment between men and women’. The aim of this thematic report is twofold. First, to take stock of the Directive and its implementation in the Member States in order to highlight its achievements and shortcomings, as well as identifying the reasons for them. Secondly, to suggest measures that can (and should) be introduced in order to address these shortcomings. These suggestions aim not only to ensure that the Directive achieves its full potential, but also to expand its scope, in light of ongoing societal and technological developments, such as the development of the platform economy, and more generally the expansion of artificial intelligence. This report maintains that this approach would ensure that the Directive is well equipped to address the challenges of today’s society and ultimately to stand the test of time.

Publication date: 30 March 2022. Topics

This report aims to highlight encouraging and promising practices to protect against discrimination and ensure an effective implementation of the Equality Directives. Some of these practices may even go beyond the minimum requirements established in the directives. The report will look in particular at specific and innovative solutions to effectively enforce equality law throughout the 27 Member States and the three EFTA countries, including promising practices developed in relation to providing remedies against discrimination. The authors acknowledge the fact that some of the positive elements existed in national legislation prior to the adoption and transposition of the directives. Some of these examples were, however, included in the report, given their potential for inspiring and showing commitment to effectively undertaking equality and non-discrimination as a priority.

Publication date: 7 February 2022. Topics

This thematic report provides a comparative analysis of the criminal law provisions that are applied to gender-based violence, including domestic violence and online violence, in the EU-27, the three EEA countries and the United Kingdom. It explores whether gender-based violence is defined as a form of discrimination or a violation of the principle of equality. It identifies and defines ICT-facilitated violence and takes as examples two forms: non-consensual dissemination of intimate/private/sexual images, and hate speech based on gender. It also examines general aspects of enforcement and sanctioning that are particularly salient in the context of combating gender-based violence against women and domestic violence.

Publication date: 25 November 2021. Topics

Indirect discrimination recognises the potentially detrimental effect of measures that do not refer to protected characteristics but nevertheless disadvantage groups with certain characteristics. Accordingly, EU non-discrimination law goes beyond simply prohibiting the differential treatment directly based on the protected characteristics (or characteristics that are essentially linked to the protected characteristic such as pregnancy or different retirement ages) and invites an effects-based analysis. It recognises that formally equal treatment irrespectively of the protected characteristics, can have detrimental effects on disadvantaged groups within societies that are shaped by past discrimination, unequal opportunities and structural inequality (including specific employment features such as part-time work). Within the context of this report, we will analyse the scope and functioning of the concept of indirect sex discrimination with a focus on employment. Since EU non-discrimination law originated within the context of employment sex discrimination, this area of EU non-discrimination law is the most developed and national courts should have significant experience with indirect sex discrimination in employment. These developments are relevant for the entire application of the concept of indirect discrimination irrespective of protected ground.

Publication date: 18 March 2021. Topics

The rapid development and increasing use of artificial intelligence and algorithmic applications have raised many concerns relating to algorithms’ propensity to discriminate. Algorithmic discrimination can arise from various sources and at various stages of software design and it risks endangering one of the most fundamental rights guaranteed by EU law: the right to gender equality and non-discrimination. This thematic report identifies the main legal challenges arising from algorithmic discrimination at both national and EU level, covering the EU-27, the EEA countries and the United Kingdom. It assesses whether the current gender equality and non-discrimination legislative framework in place in the EU and at the national level adequately captures algorithmic discrimination. It maps out the gaps and weaknesses that arise from the interaction between the specific types of discrimination produced by algorithmic decision-making systems on the one hand and the particular material and personal scope of existing legislative frameworks on the other. This thematic report also examines which legal solutions, policy measures and good practices the EU and the national member states have adopted to address these gaps and weaknesses. In short, this thematic report investigates how the issue of algorithmic discrimination is framed, addressed and redressed in the EU, with a particular focus on gender equality.

Publication date: 18 March 2021. Topics

This thematic report analyses and compares age discrimination laws outside the labour market in the areas of social protection, healthcare, education, housing and access to and supply of goods and services in EU Member States and under the European Convention on Human Rights and Fundamental Freedoms (ECHR). It establishes how such laws (as exist in legislation and case law, or soft law) address age discrimination in these defined areas, identifies gaps in the existing legal protections across the EU Member States and provides recommendations on the most effective legal mechanisms for tackling age discrimination within the EU. The gender aspect is not dealt with in this report, but there is some reference to gender, for example reference to ECtHR case law or when literature refers to it. Regarding the gender aspect, the report refers the reader to the Advisory Committee on Equal Opportunities for Women and Men ‘s Opinion on ‘Challenges for gender equality in a rapidly ageing society’.

Publication date: 24 November 2020. Topics

This report considers protections against sexual orientation discrimination in areas beyond the labour market, and explores whether (and to what extent) any such protections exist in the 27 EU Member States and the United Kingdom (UK). The report focuses on the spheres of social protection, education and access to and supply of goods and services. Taking these topics as a point of departure, the report asks whether domestic law prohibits – either through statute, administrative practice or judicial precedent – unequal treatment on the basis of sexual orientation. There is a particular emphasis on the case law of Member States’ and UK’s judiciaries, and consideration of whether judicial intervention (even in the absence of explicit statutory protections) has ensured equality protections on the basis of sexual orientation. The report identifies potential exceptions to equality obligations (e.g. religious exemptions), investigate the role of national equality bodies and explain how (if at all) discriminatory acts are remedied. Against a background of ongoing political debate, the report clarifies the extent to which EU countries and the UK acknowledge sexual orientation inequality in spheres outside employment and occupation. As such, the report highlights key legislative gaps, identifies examples of good practice and offer workable recommendations for reform.

Publication date: 23 November 2020. Topics

This report examines strategic litigation in the field of sex discrimination law. It consists of four parts:
The first part presents a conceptualization of strategic litigation. The second part will provide an overview of existing strategic litigation practices regarding sex discrimination at the national level. The third part will contain an examination of strategic litigation at the EU level. The fourth part will analyse different factors contributing to successful strategic litigation efforts.

Publication date: 6 May 2020. Topics

This report analyses national and international case law on racial discrimination in education (including segregation) with reference to the Racial Equality Directive and assess its practical impact in view of diverse forms of enforcement.
The first part of the report describes the multiple sources of EU equality law on racial discrimination in education. The second part summarises EU Member States’ national legal frameworks, canvassing the prohibition of discrimination (including harassment) in education, the scope of protection and the explicit/implicit prohibition of segregation. The third part analyses the case law of national courts, equality bodies and field specific enforcement agencies. The fourth part looks, against the backdrop of the transnational nature of European equality law, at legal enforcement as part of a holistic social change strategy.

Lilla Farkas and Dezideriu Gergely (2020)

 

Publication date: 8 April 2020. Topics

Since the adoption of the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC) the Court of Justice of the European Union (CJEU) has handed down an ever-increasing number of judgments related to these Directives, clarifying many important aspects of their wording. An initial overview of the evolution of this case law, addressing key themes within its development, was written in 2012 by Colm O’Cinneide. This report provides an updated account of case law developments since that date, and also to trace the ongoing impact of the CJEU’s case law on national law. It takes stock of how the case law of the Court has developed since 2012. It also examines the impact of this case law on national law and critically analyses the evolution of the Court’s jurisprudence. The methodology used is qualitative, involving close analysis of the judgments of the Court, opinions of Advocate-Generals, academic commentary and decisions of national courts in Member States.
Kimberly Liu and Colm O’Cinneide (November 2019)

Publication date: 4 December 2019. Topics

This report considers the use of ‘positive action’ in employment as a key mechanism to advance women’s equality, and to ensure gender-balanced company boards. ‘Positive action’ involves the use of measures that are taken by government or other actors to enable or encourage members of ‘protected groups’ (such as women) to overcome or at least reduce current or past disadvantages (including discrimination), or to meet the needs of the protected group that differ from other groups, or to enable or encourage persons in the protected groups to participate in a particular activity where they might otherwise be under-represented. The report identifies the current legal and regulatory frameworks and scope of positive action in European Union law and policy, and in the 28 European Union (EU) Member States (including the United Kingdom), and the 3 members of the European Economic Area (EEA, comprising Iceland, Liechtenstein, and Norway). The report aims to lay bare where tensions and gaps may arise in the applicable legal framework between different levels of legal authority, but in particular between the EU law and national approaches to positive action. Addressing this second issue involves a reflection on whether there are possible inconsistencies or shortcomings in the current EU legal treatment of positive action (including the jurisprudence of the Court of Justice of the European Union. In light of this analysis, the report makes recommendations for possible European Union action, including suggestions for actions that may be included in any forthcoming EU gender strategy.

Christopher McCrudden (October 2019)

Publication date: 4 December 2019. Topics

Susanne Burri (2019)

Publication date: 6 November 2019. Topics

Susanne Burri (November 2018)

Publication date: 18 December 2018. Topics

Naill Crowley (August 2018)

Publication date: 10 December 2018. Topics

Marjolein van den Brink and Peter Dunne (November 2018)

Publication date: 20 November 2018. Topics

Eugenia Caracciolo di Torella and Bridgette McLellan (March 2018)

Publication date: 7 March 2018. Topics

Comparative analyses

The comparative analyses provide a summary of the state of affairs of non-discrimination law in the 27 EU Member States and gender equality law in EU Member States, Iceland, Liechtenstein, Norway and the United Kingdom. Until 2022, the comparative analyses of both strands covered the 27 EU Member States, Iceland, Liechtenstein, Norway and the United Kingdom as well as the five Candidate Countries Albania, Montenegro, North Macedonia, Serbia and Türkiye. The analyses give an overview of the key issues, include the latest and most important legal developments at the national level such as case law and legislative amendments, and illustrate and assess the evolution of non-discrimination and gender equality law.  

This comparative analysis, drafted by Isabelle Chopin and Catharina Germaine (Migration Policy Group), compares and analyses the information set out in the country reports presenting the state of non-discrimination law in the 27 EU Member States as of 1 January 2023. It draws some conclusions from the information contained in these reports and highlights interesting developments at national and European level such as important case law and legislative amendments.

Publication date: 22 March 2024. Topics

The 27 EU Member States, Albania, North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia, Türkiye and the United Kingdom compared

Publication date: 26 January 2023. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, Albania, North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia, Türkiye and United Kingdom

Publication date: 18 January 2023. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, Albania, North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia, Turkey and United Kingdom

Publication date: 15 February 2022. Topics

The 27 EU Member States, Albania, Iceland, Liechtenstein, Montenegro, North Macedonia, Norway, Serbia, Turkey and the United Kingdom compared

Publication date: 2 February 2022. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, Albania, North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia, Turkey and United Kingdom

Publication date: 25 May 2021. Topics

The 27 EU Member States, Albania, North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia, Turkey and the United Kingdom compared

Publication date: 22 February 2021. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, Albania, North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 4 May 2020. Topics

The 28 EU Member States, Albania North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey compared

Publication date: 6 April 2020. Topics

Aperçu des règles de l’UE et de leur transposition en droit national en 2018.

Publication date: 11 March 2019. Topics

Wie sind die Unionsvorschriften 2018 im nationalen Recht umgesetzt?

Publication date: 11 March 2019. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the Republic of North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 27 February 2019. Topics

How are EU rules transposed into national law in 2018? 

Publication date: 27 February 2019. Topics

The 28 EU Member States, the Republic of North Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey compared

Publication date: 16 January 2019. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 23 February 2018. Topics

How are EU rules transposed into national law in 2017? 

Publication date: 23 February 2018. Topics

Aperçu des règles de l’UE et de leur transposition en droit national en 2017.

Publication date: 23 February 2018. Topics

Wie sind die Unionsvorschriften 2017 im nationalen Recht umgesetzt? 

Publication date: 23 February 2018. Topics

A comparative analysis of the implementation of EU non-discrimination law in the 28 EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey compared

Publication date: 6 December 2017. Topics

A comparative analysis of the implementation of EU non-discrimination law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 12 January 2017. Topics

A comparative analysis of the implementation of EU gender equality law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 14 December 2016. Topics

How are EU rules transposed into national law in 2016? 

Publication date: 14 December 2016. Topics

Aperçu des règles de l’UE et de leur transposition en droit national en 2016.

Publication date: 14 December 2016. Topics

Wie sind die Unionsvorschriften 2016 im nationalen Recht umgesetzt? 

Publication date: 14 December 2016. Topics

A comparative analysis of the implementation of EU non-discrimination law in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Liechtenstein, Montenegro, Norway, Serbia and Turkey

Publication date: 24 May 2016. Topics

Law reviews

 

The European equality law review is produced by the European network of legal experts in gender equality and non-discrimination (EELN). The aim of the EELN is to provide the European Commission and the general public with independent information regarding gender equality and non-discrimination law and, more specifically, on the transposition and implementation of the EU equality and non-discrimination directives. While the European Equality Law Review has been published biannually under previous contracts with the European Commission, it is published once a year under the current contract. 

The current issue provides an overview of legal and policy developments across Europe and, as far as possible, reflects the state of affairs from 1 January to 30 June 2022. This issue opens with four in-depth articles. The first article by Laura Carlson from Stockholm University explores effective enforcement mechanisms and sanctions in the European Commission’s proposed directive to strengthen the application of the principle of equal pay for equal work or work of equa value between men and women through pay transparency and enforcement mechanisms. The second article on intersectional discrimination, by Raphaële Xenidis from the University of Edinburgh, focuses on the engagement of the Court of Justice of the EU with the issue of intersectional discrimination in the context of the so-called ‘headscarf’ cases. The third article, by Margarita S. Ilieva and András Kádár, the national non-discrimination experts for Bulgaria and Hungary respectively, explores the regulation of victimisation in Belgium, Bulgaria, Italy and Poland, and identifies good practices as well as gaps and shortcomings in these jurisdictions. The final article, by Cathérine Van de Graaf from the University of Ghent, explores the legal frameworks and practice of mediation procedures in discrimination cases in Austria, Belgium, Ireland and Portugal.

To receive hard copies of the European equality law review and be added to our mailing list to automatically receive future issues, please visit our order page

Issue 2023

Publication date: 28 February 2024. Topics

Issue No. 2 - 2022

Publication date: 7 February 2023. Topics

Issue No. 1 - 2022

Publication date: 27 September 2022. Topics

Issue No. 2 - 2021

Publication date: 25 November 2021. Topics

Issue No. 1 - 2021

Publication date: 2 August 2021. Topics

Issue No. 2 - 2020

Publication date: 23 November 2020. Topics

Issue No. 1 - 2020

Publication date: 28 July 2020. Topics

Issue No. 2 - 2019

Publication date: 12 November 2019. Topics

Issue No. 1 - 2019

Publication date: 18 July 2019. Topics

Issue No. 2 – 2018

Publication date: 4 December 2018. Topics

Issue No. 1 – 2018

Publication date: 10 July 2018. Topics

Issue No. 2 – 2017

Publication date: 4 December 2017. Topics

Issue No. 1 – 2017

Publication date: 18 July 2017. Topics

Issue No. 2 – 2016

Publication date: 22 November 2016. Topics

Issue No. 1 – 2016

Publication date: 17 August 2016. Topics

Issue No. 2 - 2015

Publication date: 9 November 2015. Topics

Issue No. 1 – 2015

Publication date: 13 October 2015. Topics

Issue No. 19 - November 2014

Publication date: 3 November 2014. Topics

Issue No. 18 - July 2014

Publication date: 20 July 2014. Topics

Issue No. 1 - June 2014

Publication date: 1 June 2014. Topics

Issue No. 2 - January 2014

Publication date: 1 January 2014. Topics

Issue No. 17 - November 2013

Publication date: 27 November 2013. Topics

Issue No. 16 - July 2013

Publication date: 19 July 2013. Topics

Issue No. 1 - June 2013

Publication date: 1 June 2013. Topics

Issue No. 15 - November 2012

Publication date: 25 November 2012. Topics

Publications

Law reviews

The European equality law review is produced by the European network of legal experts in gender equality and non-discrimination (EELN/the network). The aim of the EELN is, and has been since 2015, to provide the European Commission and the general public with independent information regarding gender equality and non-discrimination law and, more specifically, on the transposition and implementation of the EU equality and non-discrimination directives. From 2015 to 2022, the network produced two issues of the European equality law review each year. From 2023 onwards, the network will be producing one issue per year, providing an overview of one full year of legal and policy developments in European and national gender equality and non-discrimination law. The current issue reflects, as far as possible, the state of affairs from 1 July 2022 to 30 June 2023.

Most recent publication:

European equality law review 2023

Cover image of European equality law review

Published:
February 2024

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More European equality law reviews

Thematic reports

This thematic report provides a comparative overview of how these legal instruments have been complied with in the 27 EU Member States, and aims to establish how and to what extent the legal framework and its practical application in the different Member States provide protection against antisemitism in three main areas: (i) non-discrimination; (i) hate crimes; and (iii) hate speech. It identifies gaps in the existing legal protections and/or their enforcement across the EU Member States and makes recommendations on mechanisms for the provision of effective protection against acts motivated by antisemitism.

Most recent publication:

The legal framework to combat antisemitism in the European Union

Cover image of The legal framework to combat antisemitism in the European Union

Published:
22 March 2024

András Kádár

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More thematic reports

Comparative analyses

Most recent publications:

A comparative analysis of non-discrimination law in Europe 2023

Cover image of A comparative analysis of non-discrimination law in Europe 2023

Published: January 2023

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A comparative analysis of gender equality law in Europe 2022

Cover image of A comparative analysis of gender equality law in Europe 2022

Published: January 2023

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More comparative analyses

Links

European Commission, DG Justice and Consumers
Tackling discrimination: http://ec.europa.eu/justice/discrimination/index_en.htm
Gender equality: https://ec.europa.eu/info/policies/justice-and-fundamental-rights/gender-equality_en

European Court of Justice
http://curia.europa.eu

European Court of Human Rights
http://www.echr.coe.int/Pages/home.aspx?p=home

European Committee of Social Rights
http://www.coe.int/t/dghl/monitoring/socialcharter/ecsr/ecsrdefault_EN.asp

Equinet - European network of equality bodies
If you consider that you have been a victim or a witness of an act of discrimination we would suggest that you contact the national equality body in your country of residence via the following link: https://equineteurope.org/members-map/ 

More information is available here: https://equineteurope.org/what-are-equality-bodies/european-directory-of-equality-bodies/

FRA - European Union Agency for Fundamental Rights
http://fra.europa.eu/en


 

About us

The European network of legal experts in gender equality and non-discrimination, established in December 2014, combines two previously existing networks: the European Network of Legal Experts in the Non-discrimination Field and the European Network of Legal Experts in the field of Gender Equality.

The gender equality network has a long history. It started in 1983, focussing on the implementation at national level of the series of directives that have been adopted since 1975 on equal treatment between women and men and on the cases on sex discrimination decided by the Court of Justice. With its experienced experts the network assisted the Commission in its task to monitor the correct implementation of the gender equality acquis communautaire. In 1983, only 6 Member States were participating in this network, in contrast to the 36 countries that are now included in the network.

The network of legal experts on non-discrimination was established in 2004 with the main aim to provide the Commission with independent advice on all the grounds of discrimination covered by Directive 2000/43/EC and Directive 2000/78/EC. The network was a follow-up to three separate networks, one of which dealt with racial or ethnic origin and religion or belief, one with disability and one with sexual orientation.

After a period of increasingly closer cooperation during the years 2012 - 2014 the gender equality and the non-discrimination networks merged into the current network covering all discrimination grounds in the EU Treaties.

The network ensures a regular overview of the state of affairs regarding the transposition of EU equality and non-discrimination law on a country by country basis in the annual country reports and comparative analyses, whereas more recent reporting can be found in the legal developments section of the website and the key developments section of the annual European Equality Law Review. Topical issues are addressed in articles in the Equality Law Review and thematic reports that are published on the website and presented and discussed during the annual legal seminar.

The overall operation of the network is governed by Human European Consultancy, the School of Law of Utrecht University and the Migration Policy Group.

General coordination - Human European Consultancy

Position Name Email
General Coordinator Jos Kösters
Project manager  Helena Schmetz

Coordination gender equality - Utrecht University

Position Name Email
Specialist coordinator gender equality Linda Senden
Senior coordinator for gender equality law Alexandra Timmer
Lead coordinator for gender equality law Franka van Hoof
Content coordinator for gender equality law Birte Böök

Coordination non-discrimination - Migration Policy Group

Position Name Email
Specialist coordinator non-discrimination law Isabelle Chopin
Content coordinator for non-discrimination law Catharina Germaine

Executive committee of senior experts

Position Name Email
Racial or ethnic origin Lilla Farkas
Age Elaine Dewhurst
Religion or belief Isabelle Rorive
Gender equality law Susanne Burri
Sexual orientation Peter Dunne
Disability Lisa Waddington
EU and human rights law Christopher McCrudden
Social security Frans Pennings
EU law and expertise on sex, gender identity and gender expression in relation to trans and intersex people Christa Tobler
Artificial intelligence and human rights, algorithmic discrimination, bias and data-driven inequality

Raphaële Xenidis

Equality bodies and enforcement Niall Crowley
Gender, trans and intersex equality rights Marjolein van den Brink
Violence against women Maria Andriani Kostopulou

 

Legal developments

The Labour Court found that an employer’s neutrality policy, which meant banning a subway security host from wearing a Muslim headscarf, has not run afoul of the ban on discrimination based on gender and religion

Extension of the material scope of prohibition of discrimination on all grounds (except age) in all fields

 Issue at stake: Parental leaves allowance, cut in contribution for working mothers, measures counteracting gender violence

Law 4/2024, of 15 January amended the text of Article 240 of the Portuguese Criminal Code to broaden up the scope of the offences related to discrimination and incitement to hatred, and violence

Law 3/2024, of 15 January, that creates the Commission for Equality and Against Racial Discrimination and amends Law no. 93/2017, of 23 August

Unobstructed, safe and equal treatment of all citizens in Public Transport without discrimination against persons with disabilities

Publication date: 26 February 2024. Topics

Survey on Living Conditions, Origins, and Trajectories of Resident Population in Portugal 2023

Mandatory additional admission points envisaged for persons with disabilities and multiply disadvantaged persons applying to higher education abolished along with reasonable accommodation duties for applicants with disabilities in the course of higher education admission exams

When does an employer have to raise defence against claim of discrimination for it to be considered in the court procedure

Publication date: 26 February 2024. Topics

School records and disability

Publication date: 26 February 2024. Topics

Issue at stake: The Committee of the Parties to the IC Recommendation on the implementation of the IC by Greece, following GREVIO’s first Baseline Evaluation Report.

Publication date: 26 February 2024. Topics

Issue at stake: open positions in equality body to be filled after a controversial process, one person announced resignation

Issue at stake: the 2023-2027 Action Plan on the implementation of Resolution 1325 on women, peace and security

Publication date: 19 February 2024. Topics

Issue at stake: new parental leave (called “birth” leave, congé de naissance)

Publication date: 12 February 2024. Topics

Issue at stake: gender equality and hate speech in the published 2022 Annual Report of Albanian Commissioner for Protection from Discrimination

Publication date: 1 February 2024. Topics

Issue at stake: gender equality in the new Crosscutting Strategy for Decentralization and Local Governance 2023-2030

Publication date: 1 February 2024. Topics

Issue at stake: carers leave

Publication date: 1 February 2024. Topics

Issue at stake: protection from redundancy for pregnant women and those returning from maternity leave

Publication date: 1 February 2024. Topics

The new legislation introduces changes whereby a person experiencing domestic violence can also obtain protection from the perpetrator of the violence outside the place of residence

Publication date: 1 February 2024. Topics

Issue at stake: introduction of penalisation female genital mutilation in the Istanbul Convention into the Polish legal system has led to an unequivocal ban on contraceptive sterilization of women

Publication date: 1 February 2024. Topics

Issue at stake: Directive 2019/1158/EU – transposition in the private sector

Issue at stake: counteracting gender-based and domestic violence

Publication date: 1 February 2024. Topics

Issue at stake: counteracting gender-based and domestic violence

Publication date: 1 February 2024. Topics

Issue at stake: the right to flexible working. 

Publication date: 16 January 2024. Topics

Issue at stake: New laws regarding sexual harassment. 

Publication date: 16 January 2024. Topics

Issue at stake: Proposed amendments to the Criminal Act which could introduce the special criminal offence of femicide. 

Issue at stake: equal treatment. Government ends Danish National Church’ exception from the Equal Treatment Act.

Making improper use of computer and telecommunication equipment to incite hatred and mock persons with disability.

Publication date: 14 December 2023. Topics

Modification of the three Federal acts fighting against discrimination.

Publication date: 14 December 2023. Topics

The imposition of an upper age limit for appointment of notaries as a possible violation of the principle of equal treatment.

Publication date: 14 December 2023. Topics

Group action to request that measures be taken to put an end to racial profiling in Police identity controls.

Legality of Ministerial instruction forbidding abayas and qamis in public school as constituting ostentatious religious signs.

National Bar Council regulation imposing a neutrality dress code to lawyers’ formal dress when acting before the courts or in official capacity.

Registration of legal sex change, recognition of transgender identity.

Publication date: 7 November 2023. Topics

For the first time since its establishment in 1985, the term ‘gender equality’ has slipped down the title of the General Secretariat competent for gender equality.

Publication date: 19 October 2023. Topics

Blanket exclusion of all managers in the public sector from the right to telework in breach of work-life balance and gender equality EU law.

Report of the Pay Structure Committee relating to equal pay. 

Publication date: 19 October 2023. Topics

A court decision triggered a legislative initiative to explicitly address the gender status of the beneficiaries of a pension scheme for women. 

Publication date: 19 October 2023. Topics

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Welcome!

In order to effectively promote equality and tackle discrimination in the European Union it is important to understand the effects of the EU's equal treatment and non-discrimination legislation.

The European Commission therefore set up the former network of legal experts in gender equality and the network on non-discrimination to support its work by providing independent information and advice on relevant developments in the Member States. The two networks were merged in December 2014 and are now jointly managed by Human European Consultancy, the Migration Policy Group (MPG) and Utrecht University (UU) on behalf of the European Commission.

A primary task of the European network of legal experts in gender equality and non-discrimination is to provide reliable expert information to enable the Commission to fulfil their role as guardian of the treaties. It is therefore one of the key goals of the network to disclose and gather information that is often not easily accessible due to the specificities of national legal systems or language barriers. In particular, the network provides reporting on the transposition of and compliance with the gender equality and non-discrimination directives, national court rulings as well as the impact of judgements of the Court of Justice of the European Union and, where appropriate, of the judgements of the European Court of Human Rights on national law, the role of equality bodies as well as legislative and political developments at national level.

The dissemination of general information about the acquis (communautaire and national), the latest developments at the EU level and in the countries involved in the network, remains a vital issue both for the further implementation of gender equality and non-discrimination law and its further development. Only upon the basis of the disclosure of gender equality and non-discrimination problems persisting in the Member States and other countries involved in the network, will it be possible to develop sound policies and legal rules for remedying these.

Recent focal points of the work of the network are discrimination on grounds of sexual orientation as well as gender identity/expression and sex characteristic, violence against women and domestic violence, the role of equality bodies, and the use of artificial intelligence.

On this website the network publishes information on developments in gender equality and non-discrimination law at the Member State and European level. More information can be found via our legal developments page and the individual country pages.

Go to the website of Human European Consultancy
Go to the website of Utrecht University
Go to the website of the Migration Policy Group

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