Fredman, Sandra --- "Pasts and futures: EU equality law" [2016] ELECD 1425; in Bogg, Alan; Costello, Cathryn; Davies, C.L. A. (eds), "Research Handbook on EU Labour Law" (Edward Elgar Publishing, 2016) 391

Book Title: Research Handbook on EU Labour Law

Editor(s): Bogg, Alan; Costello, Cathryn; Davies, C.L. A.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783471119

Section: Chapter 16

Section Title: Pasts and futures: EU equality law

Author(s): Fredman, Sandra

Number of pages: 31

Abstract/Description:

In Mangold v Helm in 2005, the European Court of Justice articulated the principle of equal treatment as a general principle of EU law, of which the various EU directives are a specific expression. This reiterated its earlier recognition of equal treatment on grounds of gender as a fundamental right, and extended it to the more recent grounds of race, religion, age, disability and sexual orientation. But what does the principle of equality mean in the context of EU law? Since its first iteration as a requirement that Member States institute equal pay for equal work for men and women in Article 119 of the original Treaty of Rome, the principle of equal treatment has received multiple expressions, both through the legislative provisions in the Treaty and directives, and in the jurisprudence of the Court. Its scope has been extended from pay to all aspects of employment and vocational training, and even further in some contexts to include the provision of goods and services and even education, social benefits and social services. Its coverage has widened from gender to include gender reassignment, racial or ethnic origin, religion and belief, disability, age and sexual orientation. It has been augmented by the Charter of Fundamental Rights, and by references to international human rights law and the constitutional traditions of member states.