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
SUMMARY

Most states have incorporated all the grounds of discrimination included in the two Directives in their national antidiscrimination legislation. The most pressing issue is the proper application of national anti discrimination laws and the active enforcement of rights... (see full summary)

 
FREE EXCERPT
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,
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:

To continue reading

REQUEST YOUR TRIAL