European Criminal Records & Ex-Offender Employment

Oxford Handbooks Online, New York: Oxford University Press, Forthcoming

NYU School of Law, Public Law Research Paper No. 15-41

32 Pages Posted: 9 Oct 2015

See all articles by James Jacobs

James Jacobs

New York University School of Law

Elena Larrauri

Universitat Pompeu Fabra - Department of Law

Date Written: October 7, 2015

Abstract

This article examines European policies regarding criminal-record-based-employment discrimination, with particular emphasis on the case of Spain. It first provides an overview of the definition of “criminal record” before discussing the confidentiality of information regarding criminal conviction. It then considers employment discrimination in Europe based on criminal record, including private employer discrimination in Spain, Sweden, and the Netherlands. It also highlights the importance of the European Union’s data protection laws on reinforcing the confidentiality of criminal record information and the exception that has been made for sex offenses. Finally, it analyzes the influence of the European Union, Council of Europe, and the European Court of Human Rights on employment.

Keywords: Europe, employment discrimination, criminal record, criminal background check, personal data protection, sex offenses

Suggested Citation

Jacobs, James B. and Larrauri, Elena, European Criminal Records & Ex-Offender Employment (October 7, 2015). Oxford Handbooks Online, New York: Oxford University Press, Forthcoming, NYU School of Law, Public Law Research Paper No. 15-41, Available at SSRN: https://ssrn.com/abstract=2670623

James B. Jacobs (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Elena Larrauri

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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