In recent years, on both sides of the Atlantic, litigation of an unusual nature is taking place. Profit companies, and not merely churches or religious organizations, are claiming the benefit of exemptions based on religious freedom. These cases, which disclose an enlarged notion of "conscience" or ethos, lead to (re) think the foundations of the right to equality and non-discrimination to avoid its unravelling or (...)

This paper analyses the transposition into EU law of the well-known margin of appreciation concept as a tool to accommodate diversity. From the example provided by the European Court of Human Rights case law, the use of this technique by the Court of Justice of the European Union in the field of fundamental rights protection is discussed. The analysis is conducted by exploring the different legal context in which the Luxembourg court operates, as illustrated by the functions that it (...)

This project proposes to reconsider the decision of the European Committee of Social Rights in International Planned Parenthood Federation European Network (IPPF-EN) v. Italy case which addresses the regulation of conscientious objection, using an integrated approach to human rights. More specifically, it argues that the use of different human rights instruments – broadly defined — could have led the Committee to adopt a gendered approach to the legal questions it had to tackle. By adopting (...)

Pascal Ancel & Luc Heuschling (dir.) La transnationalisation de l’enseignement du droit, 2015

This article argues that the traditional segregated approach to anti-discrimination law, which studies different courts and legal orders in isolation from one another, no longer provides adequate conceptual and normative tools to fully grasp the current evolutions and challenges in this domain. Instead, there is a genuine need for a global approach to anti-discrimination law in which comparative law plays a central (...)