EIRP Proceedings, Vol 6 (2011)

Multiple Discriminations – between a Contravention Per Se and an Aggravating Circumstances

Cristian Jura

Abstract


There are some references on multiple discrimination like in the Recital 14 of the Racial Equality Directive, 2000/43/EC: „In implementing the principle of equal treatment irrespective of racial or ethnic origin, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination”. Even in this case there is no legal definition of multiple discriminations.

In 2008, so after 8 years, in the Explanatory Memorandum of the Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation there is a reference regarding multiple discrimination in the sense that „Attention was also drawn to the need to tackle multiple discrimination, for example by defining it as discrimination and by providing effective remedies. These issues go beyond the scope of this Directive but nothing prevents Member States taking action in these areas.”


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