Law

The EU legislation requires that states offer protection against discrimination on the grounds of gender, religion and beleifs, race, disability, age and sexual orientation. However, the protection offered varies from one ground to the other.  In the case of race and gender, the protection is greater than for age, disability, religion and beliefs, and sexual orientation.

Framework Directive on Employment: bans discrimination in relation to age, disability, religion and beliefs and sexual orientation in employment:
http://www.stop-discrimination.info/fileadmin/pdfs/Reports/Directives/2000-78_en.pdf

Legislation in relation to gender equality protect against discrimination in employment, goods and services: http://europa.eu.int/comm/employment_social/gender_equality/legislation/legalacts_en.html

Race Directive bans discrimination in access to employment, goods and services:
http://www.stop-discrimination.info/fileadmin/pdfs/Reports/Directives/2000-43_en.pdf

EU legislation does not recognise the issue of multiple discrimination.

In general when introducing a case, it is necessary to select the ground on which the discrimination occurs. When there are several grounds, usually, the victim is advised to chose the one offering the best protection and most likely to be successful in Court.

Two things would be necessary for increasing protection of people suffering multiple discrimination:

  • A legislation harmonising the remedy for all the grounds of Article 13 of the Treaty of the European Union
  • A recognition that multiple discrimination has a stronger impact on individuals and therefore offer the possibility to invoke the intersection of discrimination in court cases.

Both actions would need a change in the current EU legislation.


"Equality for lesbian, gay, bisexual and transgender people in Europe"