| name the different types of discrimination | Open vs disguised
Positive vs negative discrimination |
| Explain positive vs. disguised discrimination | Open: public and obvious. E.g. two different groups have to pay different tariffs, based on nationality
Disguised: concealed and subtle types. E.g. the two different groups pay the same rate, but only people with nationality X get a partial subsidy for the costs. Or nobody asks for a passport, but rather determines price based on language. |
| Explain positive vs. negative discrimination and give an example | Positive discrimination: having a higher regard of a group with characteristic X than for those without X. Can be seen as an affirmative action, possibly to close a gap created by negative discrimination.
example: For instance, in the case of gender equality in employment, EU case law allows an employer to favor women over men if both candidates are equally qualified
Negative discrimination: having a lower regard of a group with characteristic X than for those without X.
Example: if an employer systematically pays women less than men for the same role and responsibilities |
| Name relevant primary law legislations on the field of non discrimination in the EU | TFEU
TEU
Charter of fundemental rights - article 21 |
| What does TFEU stand for, and what is its main anti-discrimination principle? | The Treaty on the Functioning of the European Union (TFEU) prohibits discrimination on the grounds of nationality, applying to all EU citizens. |
| Who does the TFEU's non-discrimination based on nationality apply to? | It applies to all EU citizens, regardless of their economic activity. |
| What is the "playboy directive" in the context of the TFEU? | It refers to the prohibition of nationality-based discrimination for economically active EU citizens. |
| What additional areas of discrimination does the TFEU address? | The TFEU allows the Council to combat discrimination based on sex, race, religion, disability, age, or sexual orientation with additional EU directives. |
| What values does the Treaty on European Union (TEU) promote? | The TEU promotes respect for human dignity, freedom, democracy, equality, the rule of law, and human rights, including minority rights. |
| What is Article 21 of the Charter of Fundamental Rights? | It prohibits discrimination on various grounds, including sex, race, ethnic origin, religion, disability, age, and sexual orientation. |
| What was the issue in the case of Ms. Achbita? | Ms. Achbita was dismissed from G4S for wearing an Islamic headscarf after an implicit rule banning religious symbols became explicit. |
| What legitimate aim was noted in the Achbita case regarding religious symbols? | Displaying political, philosophical, or religious neutrality, especially when interacting with public and private sector customers, is a legitimate aim under the freedom to conduct a business. |
| What was argued in the case of Defrenne? | The case argued for equal working conditions for men and women. |
| What impact did the Defrenne case have on EU law? | It led to the European Court of Justice eliminating sex-based discrimination in employment. |
| What is directive 2000/43/EC about? and is it primary og second law? | It ensures equal treatment between persons regardless of racial or ethnic origin and applies to both EU citizens and third-country nationals.
secondary law |
| What does directive 2000/78/EC establish? is it primary or second law? | general framework for equal treatment in employment and occupation.
Secondary law |
| What was the 2008 European Council proposal regarding equal treatment? | It proposed a directive for equal treatment regardless of religion, belief, disability, age, or sexual orientation, but it has not been passed. |
| What does the term "non-discrimination" mean in the context of EU law? | It refers to ensuring equal treatment in situations where individuals or groups in similar circumstances are treated differently based on factors like nationality, gender, or ethnicity. |
| What landmark case emphasized the "elimination of discrimination based on sex"? | The Defrenne case (Case 149/77). |
| What role does the principle of free movement play in non-discrimination? | It grants EU citizens the right not to be discriminated against based on nationality in other member states. |
| What is the purpose of harmonizing national laws across the EU? | To ensure consistent protections against discrimination and equal treatment for all EU citizens. |
| How does the EU directive on transparency help combat workplace discrimination? | It mandates salary transparency so employees can know what their colleagues earn, reducing hidden pay inequalities. |
| What are the "criteria" the EU recognizes for non-discrimination? | These include nationality, gender, race, religion, disability, and sexual orientation. |
| How does the principle of non-discrimination apply to EU citizens working abroad within the EU? | They are entitled to the same treatment and rights as nationals of the country where they work. |
| What is the significance of "objective evidence" in determining discrimination? | It involves proving that two similar situations are treated differently without justifiable reasons, highlighting unfair practices. |
| What is an EU directive? | It is a legislative act that sets goals for all member states to achieve, often focusing on detailed aspects of non-discrimination. |
| Explain the difference between virtue, deontology and utilitarianism? | Virtue Ethics: Associated with Aristotle, virtue ethics focuses on moral character rather than rules or consequences.
Deontology: Developed by Immanuel Kant, this theory emphasizes duty and adherence to rules or principles
Utilitarianism: This theory, primarily associated with philosophers Jeremy Bentham and John Stuart Mill, focuses on the consequences of actions. The core idea is that actions are right if they lead to the greatest good (or least harm) for the greatest number. |
