Challenging ‘migration exceptionalism’ in EU anti-discrimination law
Enhancing equal access to social rights for third-country national workers
Bibliographic Data
| ID | 21610905 |
|---|---|
| Authors | Henriet Baas (EUI, Italy, corresponding author) |
| Year | 2025 |
| Volume | 31 |
| Issue | 1 |
| Pages | 71-87 |
| Publication date | 2025-02-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transfer European Review of Labour and Research (JOURNAL) |
| Journal identifiers | ISSN: 1024-2589 • E-ISSN: 1996-7284 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/10242589241312075 |
| OpenAlex | W4407642077 |
| Language | EN |
| Citations received | 3 |
| References cited | 23 |
Non-EU or ‘third-country national’ workers are increasingly an essential part of the EU workforce. They struggle to obtain full access to social rights on a par with EU citizens, however. This is partly because of the ‘migration exceptionalism’ engrained in EU anti-discrimination law, which largely excludes third-country nationals from protection against discrimination based on nationality and status grounds, such as race and religion. Drawing on EU migration law and recent CJEU jurisprudence, this article demonstrates that in EU anti-discrimination law, similar to international human rights law, migration exceptionalism is not absolute. The article develops legal avenues that make it possible to address cases of discriminatory exclusion of third-country national workers from social rights based on nationality, status grounds and migration status. These avenues help to bridge the protection gap between EU and third-country national workers, and between various categories of the latter
Exceptionalism · Human rights · Labour law · Political science · Social rights · Discrimination and Equality Law · European Law and Migration · International Labor and Employment Law · Law
The uncertain social insurance of intra-EU mobile construction workers
EU migrant workers and the right to health in the Netherlands during and beyond the Covid-19 pandemic
Strengthening the rights of posted third-country nationals in their EU Member State of residence and employment
Us and Them
Employment and social security rights of third-country nationals under the EU labour migration directives
Guest Editor Introduction
(Some) refugees welcome
Equality in Immigration Law
| Citations per year | 3 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |