The Evolution of the Nondiscrimination Concept in the European Labour Law

• Author: Radu Popescu
• Position: Associate Professor, PhD, National School of Political Studies and Public Administration, Romania
• Pages: 23-34

The Evol

Concep

Abstract:

Most states have incorpo

their national antidiscrimination legi

discrimination laws and the ac tive en

of the grounds of the Direct

ives in th

In the majority of states, both natura

complex and remedies often inadequ

methods of proof such as s tatistica

sanctions are not always observed b

authorities.

We think

this article

nondiscrimination concept.

Keywords:

objectives; general dutie

1. General Aspects

At the international level, the prob

regulations which took into account

Thus,

according to art. 2 point 1 of

the right of the person to equality be

23 para. (2) establishes that e

veryon

work.

The

International Labor

Organiza

assurance of the respect of the equ

Convention no. 100 (1951)

was

remuneration for men and women w

According to art. 2 of the same conv

Subsequently was adopted

Conventio

framework for combating this pheno

-

on the one hand,

any distinc

religion, political opinion,

nullifying or impairing equa

1

Associate P rofessor, PhD, Na

tional Schoo

Str., District 1, Bucharest, Romania

radupopescu77@yahoo.com.

Legal Sciences in the New

volution of the

Nondiscrimination

ept in the European Labor Law

Radu R



zvan Popescu

1

porated all the grounds of discrimination included in the two Dir

egislation. The most pressing issue is the pr oper application of nat

enforcement of rights

.

In general, protection against discriminati

n the states is not conditional on nationality, citi zenship or residen

ural and legal persons are pr otected against discrimination.

The law

equate. Further work is

needed to ensure the credibility and admis

ical evidence. When a decision is rendered by courts or equali

d by r espondents, and recommendations are not always followed

le is a s mall step in the disclosure of the problem

erase

ties; positive action; policy measures; national provisions

oblematic of nondiscrimination was, in time, the obj

nt the evolution of this concept.

of the

Universal Declaration of Human Rights,

refere

before the law and to protection against any discrimin

one, without any discrimination, has the right to equal

nization

always intended the combating of discrimin

quality of chances and treatment for all employees.

s elaborated,

regarding remuneration

, which estab

workers

” for work of equal value.

nvention, the member states must ensure the applicatio

ntion no. 111 (1958) on discrimination,

which constitu

nomenon. Art. 1 of the Convention defines

discrimina

inction, exclusion or preference made on the basis of ra

n, national extracti

on or social origin, which has

uality of opportunity or treatment in employment or oc

ool of P olitical Studies and Public Administration, Romania, Ad

nia

. Tel.: (40)(021)318.08.97, (40)(021)318.08.98.

Corres

New Millennium

23

Directives

in

national anti

-

ation on any

dence status.

law remains

issibility of

ality b odies,

ed by

public

ased by the

object of several

ere

nce is made to

ination; and art.

ual pay for equal

ination and the

es. In this sense,

tablished

“equal

tion for all

itute

d the general

ination

as being:

f race, color, sex,

has the effect of

occupation

;

Address: 6, P overnei

responding author: