The European Union anti-discrimination directives and European Union equality law: the case of multi-dimensional discrimination

Abstract

European Union anti-discrimination law does not contain any explicit binding provision concerning multi-dimensional discrimination. Instead, it prohibits several grounds of discrimination. A single-ground approach may not do justice to the full breadth of discrimination that persons may experience in reality. It is clear that the European Union legislator has this in mind—as the references to multiple discrimination in directive recitals indicate. An examination of the legal framework for the equal treatment of persons reveals several shortcomings that may however rob European Union equality law of its ability to bite in the face of multi-dimensional discrimination. This article intends to investigate the practical implications thereof and possible ways forward.