The Potential of the Charter in Fighting Hate: Enforcing International Human Rights Standards Through Victims’ Rights

26 Pages Posted: 17 Nov 2020

Date Written: November 2020

Abstract

Analysis of the EU non-discrimination acquis tends to be limited to the gender equality and non-discrimination directives, showing a gaping difference in the level of protection accorded to certain groups over others. Broadening the perspective to procedural and soft law measures pertaining to criminal forms of discrimination can, however, yield more nuanced insights. The working paper documents the emergence of a ‘continuum of equality’ in the criminal branch of EU anti-discrimination law, particularly in the Victims’ Rights Directive. It shows that the Charter of Fundamental Rights of the EU can play an important role in approximating EU norms to international human rights standards and offer strategies for addressing legislative deadlock to equalize protection across discriminated groups. Rather than the prohibition of discrimination, Charter provisions governing the relationship between EU and international norms become significant in this process.

Keywords: EU Charter, hate, discrimination, victims, continuum of equality, soft law

Suggested Citation

Gião Hanek, Rita and Farkas, Lilla, The Potential of the Charter in Fighting Hate: Enforcing International Human Rights Standards Through Victims’ Rights (November 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/75, Available at SSRN: https://ssrn.com/abstract=3731343 or http://dx.doi.org/10.2139/ssrn.3731343

Lilla Farkas

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

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