Absztrakt | Foreword
In January 2010, the European Court of Human Rights and the European Union
Agency for Fundamental Rights decided to cooperate on the preparation of
a handbook on European case law concerning non-discrimination. We are now
pleased to present an updated version of this handbook, which contains updated
examples of relevant case law and an improved structure.
When the Lisbon Treaty entered into force, the Charter of Fundamental Rights of
the European Union became legally binding. Furthermore, the treaty provides for EU
accession to the European Convention on Human Rights. In this context, increased
knowledge of common principles developed by the Court of Justice of the European
Union and the European Court of Human Rights have become essential for the proper
national implementation of a key aspect of European human rights law: the standards
on non-discrimination. Furthermore, the work of the FRA is anchored in the 2030
Agenda for Sustainable Development and committed to the principles of universality,
equality and leaving no one behind. In this context the handbook promotes SDG 5
(Achieve gender equality and empower all women and girls), 10 (Reduce inequality
within and among countries) and 16 (Promote just, peaceful and inclusive societies).
This handbook is designed to assist legal practitioners who are not specialised in the
field of non-discrimination law, serving as an introduction to key issues involved. It is
intended for lawyers, judges, prosecutors, social workers and persons who work with
national authorities, non-governmental organisations (NGOs) and other bodies that
may be confronted with legal questions relating to issues of discrimination.
With the impressive body of case law developed by the European Court of Human
Rights and the Court of Justice of the European Union in the non-discrimination
field, it seems useful to present an updated and accessible handbook intended
for legal practitioners – such as judges, prosecutors and lawyers, as well as law-
enforcement officers – in the EU and Council of Europe member states and beyond.
In particular, those at the forefront of human rights protection need to be aware
of the non-discrimination principles, in order to be able to apply them effectively
in practice. It is the national level that brings non-discrimination provisions to life,
and it is here, on the ground, that the challenges become visible.
We would like to thank Dr. Magdalena Jankowska-Gilberg and Dr. Dagmara Rajska for
their contribution in drafting this updated handbook. We would also like to thank all
those who provided input and support throughout its preparation, in particular the Office
of the United Nations High Commissioner for Human Rights and the Council of Europe
Department of the European Social Charter. We are also grateful for the documentary
support provided by the Court of Justice of the European Union.
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