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The purpose of this paper is to examine how positive discrimination can be implemented within Directive 2000/78, establishing a general framework for equal treatment in employment and occupation (Framework Equality Directive—FED) (Council Directive (EU) No. 2000/78, 2000, art. 7 and art. 15). The paper is structured into five parts. Part 1 discusses the concept of positive discrimination. Part 2 outlines the legislative instruments governing positive discrimination in EU employment law, along with the relevant interpretive case law of the Court of Justice of the European Union (CJEU). Part 3 focuses on the specific provisions of the Directive addressing positive discrimination, namely Articles 7 and 15. Part 4 explores how positive discrimination can be achieved using provisions within the Directive beyond Articles 7 and 15. Part 5 presents the chapter’s conclusions.

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Positive Discrimination: How it Can be Achieved in Directive 2000/78/EC?

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  • 发表日期：

    2025年

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  • Philippa Watson

摘要

The purpose of this paper is to examine how positive discrimination can be implemented within Directive 2000/78, establishing a general framework for equal treatment in employment and occupation (Framework Equality Directive—FED) (Council Directive (EU) No. 2000/78, 2000, art. 7 and art. 15). The paper is structured into five parts. Part 1 discusses the concept of positive discrimination. Part 2 outlines the legislative instruments governing positive discrimination in EU employment law, along with the relevant interpretive case law of the Court of Justice of the European Union (CJEU). Part 3 focuses on the specific provisions of the Directive addressing positive discrimination, namely Articles 7 and 15. Part 4 explores how positive discrimination can be achieved using provisions within the Directive beyond Articles 7 and 15. Part 5 presents the chapter’s conclusions.