A Penalty Card for Homophobia from EU Non-Discrimination Law: Comment on Asociaţia Accept (C-81/12)
29 Pages Posted: 24 Jun 2015 Last revised: 9 Dec 2016
Date Written: June 23, 2015
The ruling of the Court of Justice in Asociaţia ACCEPT  put homophobia in the spotlight of EU law. The case illustrates the success of efficient cause lawyering for the benefit of a disempowered minority. This note offers a detailed scrutiny of the judgment in a wider paradigm of EU non-discrimination law and effective modes of challenging homophobia via employment policies. The preliminary ruling on this Romanian case opens an innovative European track of legal mobilization for LGBT and other social movements. In light of the latest developments within the Council of Europe and European Union, this note identifies the scope of available legal protection against homophobia in Europe.
Keywords: Homophobia, EU non-discrimination, hate speech, sport law, LGBT rights, legal mobilization
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