Limits and potential of the concept of indirect discrimination

The latest thematic report from the European Network of Legal Experts, entitled "Limits and potential of the concept of indirect discrimination" was made available at the "Legal Seminar on the implementation of EU Law on equal opportunities and anti-discrimination" in Brussels (25 November 2008), where the latest developments in the anti-discrimination field across all grounds were presented, with the participation of EU officials, legal experts, equality bodies and NGOs. This report, authored by Prof. Christa Tobler, is published by the European Commission on the authority of the European Network of Independent Legal Experts in the non-discrimination field, a network established and managed by MPG and the Human European Consultancy. The report examines the broader context regarding the concept of indirect discrimination by underlining international human rights law instruments having addressed this issue, whether at the UN or the Council of Europe's level. It places the concept within the system of EC law and carefully analyses the definition of indirect discrimination under both the Racial and Employment Equality Directives. The report highlights the challenges brought by the practical application of the prohibition of indirect discrimination under EC law and emphasizes the potential relation with other concepts of EC social non-discrimination law. A large number of case studies on the implementation of the Directives into national law as well as examples of national case law are brought to the attention of the reader. Finally the report presents very useful charts on indirect discrimination helping the reader to place indirect discrimination in the context of EC anti-discrimination law. The report is available to download in English, French and German.