Introduction to EU Anti-discrimination Law

The CFR was agreed by the EU in December 2000, but it did not become a legally binding instrument until the Lisbon Treaty came into force in 2009.
The Charter provides a human rights framework for the development and implementation of EU law (including Equality Directives).

The rights in the Charter are similar in many respects to the civil and political human rights set out in the Council of Europe Convention on Human Rights and the Charter indicates that insofar as the rights correspond to rights in the ECHR, the meaning and scope of those rights shall be the same (Article 52). In a number of respects, however, the Charter contains rights that are not contained in the ECHR such as the right to dignity and to legal aid. The effect of the Charter is that where EU law is developed and implemented, the Charter must be complied with by the EU institutions, and the Member States implementing the law (Article 51(1)). It does not however create any new powers or tasks for the EU (Article 51(2)).

Chapter III of the Charter is dedicated to issues of equality. Article 21 provides a freestanding right to non-discrimination in the implementation of EU law on ‘any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation’. Of note, this is broader in scope than the grounds for which the EU can legislate against discrimination under Article 19 of the TFEU, and unlike Article 14 of the ECHR, does not require another right to be engaged for the provision to have effect.

In addition, Chapter III contains a number of other significant provisions on equality, for example it provides that:

• everyone is equal before the law (Article 20);
• children shall have the right to such protection and care as is necessary for their well being (Article 24);
• the EU recognizes and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life (Article 26);
• the EU recognizes and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration, and participation in the life of the community (Article 26).

All EU legislation and policies must comply with the Charter, including the Equality Directives. The case discussed below demonstrats that relationship in practice.