E&M

2021/4

Anna Lorenzetti

The Body of Law Against Discrimination

One of the characteristics of anti-discrimination law lies in having introduced peculiar notions, rules, and institutions such as direct and indirect discrimination. Anti-discrimination law is also characterized by the presence of sanctions (that must be "actual, proportionate, and dissuasive"). This strengthens the position of those who – merely because they are victims of discrimination and part of an unequal relationship, such as a female worker who is not an employer – represent the weaker parties in a hierarchical relationship.#Despite the advancement of protections in anti-discrimination law in the European Union, in certain cases in particular, and for some subjective conditions for which it has been difficult to obtain protection against discrimination in the legal systems of certain Member States (discrimination based on ethnicity or sexual orientation), elements of weakness and fragility remain, starting with the uncertainty of some notions, the undefined character of many areas, and the poor application and applicability of what can be determined by the Courts, despite frequent and persistent cases of discrimination.

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