A Penalty Card for Homophobia from EU Non-Discrimination Law: Comment on Asociaţia Accept (C-81/12)

Belavusau, Uladzislau

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A Penalty Card for Homophobia from EU Non-Discrimination Law: Comment on Asociaţia Accept (C-81/12)

Columbia Journal of European Law, Vol. 21, No. 2, 2015. 237-259.

29 Pages Posted: 24 Jun 2015 Last revised: 5 Jun 2021

See all articles by Uladzislau Belavusau

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: June 23, 2015

Abstract

The ruling of the Court of Justice in Asociaţia ACCEPT [2013] 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

Suggested Citation: Suggested Citation

Belavusau, Uladzislau, A Penalty Card for Homophobia from EU Non-Discrimination Law: Comment on Asociaţia Accept (C-81/12) (June 23, 2015). Columbia Journal of European Law, Vol. 21, No. 2, 2015. 237-259., Available at SSRN: https://ssrn.com/abstract=2622076