Zwischenruf: Den Pudding an die Wand nageln? Überlegungen zu einer progressiven Agenda für das EU Anti-Diskriminierungsrecht

Translated title of the contribution: Short comment: To Nail a Jellyfish? Finding a progressive agenda for EU anti-discrimination law

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Abstract

The title of this short (about 4500 words) intervention translates to "To Nail a Jellyfish? Finding a progressive agenda for EU anti-discrimination law". I engage with those criticising EU anti-discrimination law as yet another emanation of the EU's "neo-liberal" nature which fails to establish a viable social policy regime. I criticise this in two directions. First, I take issue with the theory that anti-discrimination law and policy has to be part of social policy. Actually, the field has a mission which differs from social policy, in that it addresses disadvantage resulting from othering, combating stereotypes as well as promoting accomodation of difference. Second, I show how the critique of judicialisation of policy is not unique to anti-discrimination law and policy. The so called turn to rights based employment law has been criticised under this mantra by those who fear that collective labour law mechanisms will become less prevalent. Further, those who have engaged with anti-discrimination law for a much longer time than those criticising it have also devised means to overcome the individualistic tendencies of rights adjudication. They have (partly successfully) argued in favour of establishing equality bodies and creating positive obligations. Thus, the critique neglects the field it takes on, and does not accept the fact that anti-discrimination law and policy must be considered a field in its own right instead of the servant of social law and policy.
Now, this is more a summary than an abstract - since I realise that not everyone reads German.
Original languageGerman
Pages (from-to)397-405
Number of pages9
JournalKritische Justiz (Critical Legal Studies)
Volume47
Issue number4
Publication statusPublished - 2014

Keywords

  • Anti-Discrimination Law
  • European Union
  • Social Policy

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