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HomeRacial discrimination in education and EU equality law
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This thematic report analyses national and international (case) law and assesses the jurisprudential and practical impact of the Racial Equality Directive on racial or ethnic discrimination in education. The report is based on information and analysis provided by the national experts of the European network of legal experts in gender equality and non-discrimination by means of a questionnaire addressing the major themes. The report indicates the contribution of each national expert and, where available, refers to the primary sources of the analysis. The report hereafter comprises an introduction followed by 5 sections: the first maps out the multiple sources of European equality law on racial or ethnic discrimination in education. Section 2 presents up-to-date information about national legislation and its compliance with EU law and international treaties signed and ratified by the Member States. Section 3 analyses national jurisprudence on racial or ethnic discrimination in education. Section 4 investigates the enforcement of racial equality in education and Section 5 sets out our overall conclusions. The Racial Equality Directive (RED) prohibits racial discrimination in the field of education in both the private and public spheres. The directive does not exist in a vacuum, as is recognised in its preamble, which refers to various international human rights treaties that prohibit racial discrimination and/or safeguard the right to education, and have been signed, as well as ratified by the Member States. To fully grasp the right to equal treatment in education in relation to racial or ethnic origin, the report charts its historical evolution under international and EU law, with specific attention to ethnic minority education and the ‘integrationist rationale’ governing it.
- Published:
- Corporate author(s): Directorate-General for Justice and Consumers (European Commission)
- Personal author(s): Gergely, Dezideriu ; Farkas, Lilla
- Themes: Social problems , Fundamental rights
- Subject: anti-discriminatory measure , directive (EU) , education , equal treatment , equality before the law , ethnic discrimination , European social policy , racial discrimination , xenophobia
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| ISSN | ISBN 978-92-76-08834-9 | DOI 10.2838/422144 | Catalogue number DS-01-19-577-EN-N |
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| ISSN | ISBN 978-92-76-08835-6 | DOI 10.2838/28257 | Catalogue number DS-01-19-577-EN-C |