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Race equality and TCNs, or, how to fight discrimination with a discriminatory law

Race equality and TCNs, or, how to fight discrimination with a discriminatory law
Race equality and TCNs, or, how to fight discrimination with a discriminatory law
Two subjects often fit with difficulty in ‘Fortress Europe’: Equality and Third Country Nationals (TCNs). EC Law presents fundamental weaknesses with regard to TCNs in the intersections between race, religion and nationality discrimination. In particular for non-EU nationals, these three grounds of discrimination can be closely related, and difficult to distinguish. However, they are of great importance for the integration and fair treatment of migrants, which was one of the objectives of the Tampere Programme. This article analyses the extent to which the Race Equality Directive (43/2000/EC) and the Framework Equality Directive (78/2000/EC) provide an effective protection against ‘racial related discrimination’. It suggests that the loopholes of both Directives, together with the current interpretation of Article 12 EC, have institutionalised not only a hierarchy of equalities, but also a hierarchy of peoples, and it explores possible interpretative solutions.
1351-5993
738-756
Benedi Lahuerta, S.
657ceee7-1cbf-42b5-bd45-e3c12d66e465
Benedi Lahuerta, S.
657ceee7-1cbf-42b5-bd45-e3c12d66e465

Benedi Lahuerta, S. (2009) Race equality and TCNs, or, how to fight discrimination with a discriminatory law. European Law Journal, 15 (6), 738-756. (doi:10.1111/j.1468-0386.2009.00488.x).

Record type: Article

Abstract

Two subjects often fit with difficulty in ‘Fortress Europe’: Equality and Third Country Nationals (TCNs). EC Law presents fundamental weaknesses with regard to TCNs in the intersections between race, religion and nationality discrimination. In particular for non-EU nationals, these three grounds of discrimination can be closely related, and difficult to distinguish. However, they are of great importance for the integration and fair treatment of migrants, which was one of the objectives of the Tampere Programme. This article analyses the extent to which the Race Equality Directive (43/2000/EC) and the Framework Equality Directive (78/2000/EC) provide an effective protection against ‘racial related discrimination’. It suggests that the loopholes of both Directives, together with the current interpretation of Article 12 EC, have institutionalised not only a hierarchy of equalities, but also a hierarchy of peoples, and it explores possible interpretative solutions.

Full text not available from this repository.

More information

Published date: 12 November 2009
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 369526
URI: https://eprints.soton.ac.uk/id/eprint/369526
ISSN: 1351-5993
PURE UUID: d1e07092-0f23-4f91-b733-e4d7660b7da3
ORCID for S. Benedi Lahuerta: ORCID iD orcid.org/0000-0002-2769-372X

Catalogue record

Date deposited: 02 Oct 2014 12:56
Last modified: 06 Jun 2018 12:22

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