GENDER DISCRIMINATION. THE INFLUENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION JURISPRUDENCE Cover Image

GENDER DISCRIMINATION. THE INFLUENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION JURISPRUDENCE
GENDER DISCRIMINATION. THE INFLUENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION JURISPRUDENCE

Author(s): Dragoş Lucian Rădulescu, Delia Mihaela Marinescu
Subject(s): International Law, Human Rights and Humanitarian Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: discrimination; gender; jurisprudence; labor;

Summary/Abstract: Gender discrimination in labor legal relationships implies unlawful acts by employers against the principle of equal treatment, which have forms of inequalities as their direct, or indirect object, and the employees’ prejudicies as their effect. As a result, employees who find themselves in comparable legal situations in employment relationships will be subject to mechanisms that ultimately involve a process of limiting the use of their fundamental rights and freedoms as regards access to employment, vocational training, promotion and equal working conditions. The prohibition of discrimination facts on gender criterion in labor relations implies the adaptation of the national laws of the Member States to the new provisions of the European normative acts, a transposition process which presupposes the acceptanceof the limitations and the recognition of the concepts in the field, when the interpretation of these norms in the legal practice of the domestic courts are increasingly applying the CJEU jurisprudence. The article presents aspects of European and national laws on gender discrimination, the criticism of the lack of regulation, and the analysis of the role of CJEU jurisprudence in the field of employment legal relationships.

  • Issue Year: 8/2019
  • Issue No: 1
  • Page Range: 68-73
  • Page Count: 6
  • Language: English