Content

The course involves a study of the principle of equality and non-discrimination in the law of the European Union and the Council of Europe. It starts with an introduction to the different theories of equality. It then offers an overview of the basic concepts and problems of discrimination law, including the notions of direct and indirect discrimination, the system of justification, the grounds of discrimination, the methods of pro-active discrimination law (affirmative action, diversity management and mainstreaming), and the rules regarding proof and enforcement of discrimination law. On these topics, the course also takes the legal practice into account, aspiring to offer a guest lecture from an relevant institutional actor, e.g. the Belgian equality body. Finally, we discuss a number of areas in which the principle of non-discrimination comes into conflict with other values (e.g. hate speech regulation). The course is taught from a comparative perspective. On the one hand, we will study the domestic implementation of the European measures (e.g. Belgium, the Netherlands and the United Kingdom). On the other hand, we will assess the European system drawing on legal materials from other international, regional and domestic systems (e.g. the UN treaty bodies, Canada, the United States, South Africa). 

Course material

Course materials made available via Toledo at the beginning of the term.

Format: more information

Ex cathedra, group discussion; guest lectures; resolving fictitious cases.

This course includes a moot court and discussion sessions, implementing activating educational formats. Attendance at the moot court and discussion sessions is therefore compulsory and will be checked. Planning, content and the means of checking attendance and participation in the discussion sessions and the preparatory assignments, will be communicated at the start of the semester. Unjustified absence can result in a compulsory replacement task, a malus point or the loss of an attendance linked bonus point, depending on the regulation that is communicated at the start of the course.