- Date
- April 3, 2002
How are the principles of equality and nondiscrimination in European Community law critical to the fight for gay and lesbian rights? So far it has proved difficult to invoke these principles to substantiate these rights in the EU court, the European Court of Justice (ECJ).
Two problems can be identified. First, in keeping with the Community's original economic mandate, the right not to be discriminated against long applied only in the field of employment. Second, legislation on the possible grounds for discrimination remains undeveloped—detailed legislation has been introduced only to challenge grounds of gender and race. This article digs into the legal depths surrounding this issue.
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Poor Laws, Poor Judgment: Gay Rights and Sex Equality before the European Court of Justice (143.79 Kb pdf file)
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