Master'sOpen Access

Discrimination at workplace in European Union Law

2004
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Advisor: Prof.dr. Kadir Arıcı

Abstract (EN)

Anti-discrimination principle, first appearing vvith the regulations of InternationalLabour Organisation and also taking place in European Community Legislation with thearticle 141 (ex.119) of The Roman Treaty, has been one of the most controversialsubjects of European Union's social policy. Discrimination regarding race and ethnicorigin, religion and belief, gender, xenophobia, language, political view, disability, sexualorientation are of the types all figured on this principle.Today, with a couple of reasons being not objective in labour market andnegatively affecting the sociai peace in daily work, excluding qualilified workers out of thismarket is against the basic principles of EU. The union having realised this problem hasmade effort to give necessary importance for this subject with both the provisions it hadput into the founder treaties and the regulation, directive, decision and opinions it hadcome into force since 1970's and also with the decisions the ECJ has made on variouscases. With the directives numbered 75/117, 76/207, 79/7, 97/80, 2000/48 and 2000/73EU put into force, discrimination preventing studies not being based on ine objectivereasons at daily work has been going on.Each member state has attempted to different methods in preventingdiscrimination at workplace. Enabling the principle's coming into practise by means ofapplying to the court being the most used method, an arbitrative body such as EuropeanOmbudsman's dealing with it is one of the solution methods. Bringing forthcomprehensive statement directed into practice and enabling practice of discrimination atworkplace concepts has been possible with the decisions of European Court of Justice(ECJ).EU has transacted several employment policies for protecting victim groups indaily work by the reason of discrimination at workplaces. EU's aim is both preventing thisdiscrimination and also finding them the position they deserve in daily work and enablingtheir integration in the society. Also with this aim it tries to eliminate the reasons formingthe discrimination at workplace vvith the data the bodies' monitoring continuously thesekinds of activities.Turkey, in the pre-accession process has been increasingly continuing the AcquisCommunautarie harmony programme. Chasing the practise of the laws put into effect willboth accelarate this period for Turkey and also will enable the work peace by applying theinternational obligations.

Author

Murat Turpçu

How to Cite

Murat Turpçu (Master Thesis). Discrimination at workplace in European Union Law, 2004, Gazi University.

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