Combating discrimination in the field of employment: Analysis of ECtHR practices

Article type: Research Article

Authors: Sokolov, Volodymyr^{a; *} | Sevriukov, Denys G.^b | Rudyak, Vladimira O.^c | Dmytro, Mykolaiets^d | Tarakan, Yuliya I.^c

Affiliations: [a] Supreme Court, Kyiv, Ukraine | [b] Department of Theory of Law and State, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine | [c] Department of Labor Law and Social Security Law, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine | [d] Research Institute of Public Law, Kyiv, Ukraine

Correspondence: [*] Address for correspondence: Volodymyr Sokolov, Supreme Court, Kyiv, Ukraine. E-mail: sokolov8260-9@edu.cn.ua.

Abstract: BACKGROUND:EU law states that protection against discrimination arising in employment and employment extends to all grounds provided for by non-discrimination directives adopted in 2000. The scientists have found that the level of discrimination has significant differences depending on the country, as well as in relation to different minority groups. The European Court of Human Rights (ECtHR) has consolidated the status of an influential international court and by its decisions can affect the field of employment and at the moment plays the role of an extremely important figure in the development of human rights in Europe and abroad. OBJECTIVE:The main purpose of this research is to study the practice of ECtHR to combat discrimination in employment and employment relations, because today discrimination, despite its ban at the national and international levels, remains in almost all spheres of public life and hinders the provision of equal rights. In its case-law, the Court has developed arguments concerning the direct protection of human rights, its fundamental freedoms, where discrimination is prohibited in all spheres of public relations. METHODS:The main method of research was a historical, legal, theoretical and comparative analysis of ECtHR practice. RESULTS:The previous allocation of discrimination in this area on the basis of race and gender was significantly expanded by issues of gender identity, religion, sexual orientation, which is caused by the development of social relations in the labor market. CONCLUSION:The article highlights measures aimed at combating and predisposing discrimination in the field of employment.

Keywords: Discrimination, ECtHR, employment, international court, judicial practice

DOI: 10.3233/WOR-220279

Journal: Work, vol. 75, no. 4, pp. 1301-1308, 2023