Age is as discrimination ground included in Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation (further referred to as Framework Equality... Show moreAge is as discrimination ground included in Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation (further referred to as Framework Equality Directive or FED). Approximately twenty years on, there exists a substantive body of case law (I identified forty-eight cases for this article) from the Court of Justice of the European Union (CJEU). The vast majority of these cases concern older workers, whereas a much smaller number of cases deal with discrimination younger workers. Over the course of time the impression has grown that the CJEU is more lenient in justifying measures that are disadvantageous to older workers compared with measures negatively affecting younger workers. This study attempts to find out whether this impression is correct. In other words, whether the CJEU is discriminating in age discrimination cases. Show less
The GDPR aims to control the risks associated with the processing of personal data. It requires measures to minimise these risks and gives data subjects certain powers, such as the rights to be... Show moreThe GDPR aims to control the risks associated with the processing of personal data. It requires measures to minimise these risks and gives data subjects certain powers, such as the rights to be informed and to be forgotten. Big data is a relatively new technology, giving the controllers of data the power to permanently observe the users of digital services. Therefore this thesis answers the question whether the GDPR is suited to avert the risks and power shifts associated with big data. To answer this question, the GDPR is compared to earlier EU legislation associated with technological risks and power shifts. Additionally, the suitability of the GDPR’s anti-discrimination provisions are evaluated for the prevention of algorithmic discrimination. Results: The GDPR is not based on any discernible analysis of the risks of big data. Methods from EU environmental protection law and consumer protection law, aimed at technological risks and power shifts, were not applied. This can make evaluation of the GDPR’s effectiveness more difficult and could stand in the way of developing a coherent body of case law. The conclusion proposes a number of guidelines for the decision of court cases and points for evaluating the GDPR. Show less
When the European Convention on Human Rights was drawn up in 1948, the issues of sexual orientation and gender identity were not considered by its drafters. At that time, the discussion of the... Show moreWhen the European Convention on Human Rights was drawn up in 1948, the issues of sexual orientation and gender identity were not considered by its drafters. At that time, the discussion of the rights of LGBT people (Lesbian, Gay, Bisexuals and Transsexuals), which has at present become very vivid, was virtually non-existent. As a consequence, the legal protection provided to heterosexual and cisgender people in the areas covered by the right to respect for private and family life (Article 8), the right to marry and found a family (Article 12), and the prohibition of discrimination (Article 14) was inaccessible to the non-heterosexual and non-cisgender community. The current article elucidates on the topic of the gradual opening up of the European Court of Human Rights in applying the Convention to sexual minorities, and argues that the Court has made significant progress in defending the rights of LGBT ever since its installation in 1959. The article describes the Court’s ultimate balancing act, in which it oscillates between progressiveness and reticence, never fulfilling the role of protagonist but still aiming at providing a most fundamental principle of human rights law: equality. Show less
