‘Non-discrimination Does Not Fall Down from Heaven’: The Context and Evolution of Non-discrimination in EU Law

Abstract

Equality and non-discrimination in EU law are firmly embedded in EU law, either as general principles of law or they are written down in the Treaties and secondary legislation. This paper sketches the evolution of three specific forms of equality and non-discrimination, the prohibition of discrimination on grounds of nationality, gender and a number of other grounds, listed in Article 13 TEC, i.e. race, ethnic origin, disability, age, sexual orientation, religion and belief. It briefly explains their origins, their mutual relationship and how they influence each other. The paper also points at the shift in the rationales underlying equality and non-discrimination and argues that they are to be considered as human rights standards.