Equality and Non-Discrimination

Article by Emmanuelle Bribosia (2016)

BRIBOSIA, E., et RORIVE, I., “Equality and Non Discrimination”,E.J.H.R. (European Journal of Human Rights), n°2, August  2016, pp. 254-268.

This fourth edition of the Column, which covers the period from January to December 2015, conirms the relevance of an integrated, transnational, and comparative approach of the right to equality and non-discrimination beyond the borders between supranational legal systems. An important role is reserved for the Court of Justice of the European Union, which demonstrates an increasingly rich reasoning on discrimination concepts. his is not only true regarding disputes concerning age-related treatment diferences, thus consolidating its jurisprudence (I), but also, in what is a rather more remarkable occurrence, regarding structural discriminations against Roma people in the European Union  (III). In 2015 the European Court of Human Rights also delivered a jurisprudence strengthening the rights of the LGBT people. On the one hand, in its judgment Identoba, the Court condemns the violence the LGBT people sufer with impunity in Georgia, while in parallel establishing gender identity as a forbidden criterion for discrimination. On the other hand, in its judgment Oliari c. Italy, which appears in the “top 3” of the Poll on the best decisions of the ECHR in 2015, the Court opens up for granting to same-sex couples the legal recognition worthy of this name (II).