Änderungen im Diskriminierungsschutz durch die Europäische Grundrechtecharta

Protection against discrimination plays an important role in German labour law. The European Charta of fundamental rights has significant effects on this field.
Art. 21 of the Charta contains comprehensive bans on discrimination which according to the Treaty of Lisbon have the same legal value as the European Treaties. Antoinette von Diest analyses the binding force of Art. 21 of the Charta by assessing the jurisdiction of the European Court of Justice and the materials of the Convention on Fundamental Rights. She comes to the conclusion that the scope of application is much broader than assumed. Art. 21 of the Charta may in general be applicable to private persons as well.
The author thoroughly examines the grounds of discrimination contained in Art. 21 of the Charta. In significant areas, they go beyond the protection of German law as of today.