Legal Protection against Discrimination based on Racial and Ethnic Origin Under European Union Law — Necessary but not Sufficient
Bibliographic Data
| ID | 12573540 |
|---|---|
| Authors | Siobhan McInerney |
| Year | 2003 |
| Volume | 6 |
| Issue | 1 |
| Pages | 3-43 |
| Publication date | 2003-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Discrimination and the Law (JOURNAL) |
| Journal identifiers | ISSN: 1358-2291 • E-ISSN: 2047-9468 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/135822910300600102 |
| OpenAlex | W2147961472 |
| Language | EN |
| Citations received | 3 |
| References cited | 36 |
Inter-related developments at three distinct levels of European Union law relevan to protection against race discrimination are the focus of this article. First, the article considers Article 13 E.C. enacted by the Treaty of Amsterdam, and the enabling model it embodies. This model is critiqued and contrasted with other potential forms of equality provision, by drawing on international law models. Next, the article analyses the Council Directive on Equal Treatment between persons irrespective of racial or ethnic origin (EC 43/20(0) from a number of substantive and formal legal perspectives. Finally, the article discusses the Charter of Fundamental Rights of the E.U. and the import of its equality provision, Article 21. A number of themes recur in this piece: among them, the limitations of the current equality model with respect third country nationals and nationality discrimination which amounts to de facto race discrimination; the inadequacy of the current equality model to provide a consistent level of protection for all of the heads of discrimination enumerated in Article 13; and the absence of a general principle of equality which clearly binds Member States, E.U. citizens and the E.U. itself
Charter · Citizenship · De facto · Directive · Economics · Ethnic group · European union · European Union law · Immigration · Law and economics · Nationality · Political science · Race (biology · Sociology · Treaty · Corporate Governance and Law · Discrimination and Equality Law · Gender Studies · Law · Taxation and Legal Issues
The Transformation of Europe
Critical Race Theory
Demarginalizing the Intersection of Race and Sex
Making Civil Rights Law
Human Rights in the Private Sphere
Development as Freedom
Race Discrimination and the European Union Anno 1996
The Politics of Equality in Constitutional Law
The Silent War
The Significance of Constitutional Rights for Private Law
Racism, ethnicity and politics in contemporary Europe
Right to Life of the Unborn v Promotion of Trade in Services
Europe? Which Europe
Race, Reform, and Retrenchment
Coercion and Distribution in a Supposedly Non-Coercive State
The Starting Line
| Unique citing works | 3 |
|---|---|
| Citations per year | 0.14 |
| Citation span | 2004 - 2009 (6) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |