Non-discrimination (the principle of)

The aim of non-discrimination law is to allow all individuals an equal and fair chance to access opportunities available in a society. This means that individuals or groups of individuals which are in comparable situations should not be treated less favourably simply because of a particular characteristic such as their sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

The Treaty on the Functioning of the European Union (TFEU) prohibits discrimination on grounds of nationality. It also enables the Council of the European Union to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. In this matter, the Council must act unanimously and after obtaining the European Parliament’s consent. However, in the specific area of equal treatment and equal opportunities for men and women, the ordinary legislative procedure applies, which does not require unanimity but only qualified majority (Article 157 TFEU).

Discrimination on the grounds of nationality has always been forbidden by the European Union (EU) treaties, as has discrimination on the basis of sex in the context of employment. The other grounds of discrimination were mentioned for the first time in 1997, with the signature of the Treaty of Amsterdam.

In 2000, two directives were adopted:

the employment equality directive (Directive 2000/78/EC), which prohibits discrimination on the basis of sexual orientation, religious belief, age and disability in the area of employment;
the racial equality directive (Directive 2000/43/EC), which prohibits discrimination on the basis of race or ethnicity, again in the area of employment but also in areas such as education, social protection including social security and healthcare, social advantages and access to and supply of goods and services, including housing.
These directives apply to non-EU nationals and to stateless people but do not cover differences of treatment based on their legal status and on nationality.
EU legislation also protects people against discrimination based on their sex in the above areas, except for education.

In 2009, the Treaty of Lisbon introduced a horizontal clause with a view to integrating the fight against discrimination into all EU policies and measures (Article 10 TFEU).

All persons have the right to judicial recourse in cases of direct or indirect discrimination, specifically in cases where they are in comparable situations but being treated differently without an objective and legitimate justification. Victims of discrimination may also seek assistance from national equality bodies, which are public institutions set up across the EU to promote equality and tackle discrimination.