Project

Tackling Systemic Discrimination (TASYDIS): How Structural Disadvantage Challenges the Enforcement of European Antidiscrimination Law

Code
G064525N
Duration
01 January 2025 → 31 December 2028
Funding
Research Foundation - Flanders (FWO)
Research disciplines
  • Social sciences
    • Civil law
    • Comparative law
    • European law
    • Labour law
    • Litigation, adjudication and dispute resolution
Keywords
Enforcement of antidiscrimination law, Systemic discrimination
 
Project description

EU antidiscrimination law has been mainly conceived to address individual situations of discrimination through a complaint-based bilateral model allowing a specific victim to obtain redress in court from a specific discriminator. However, social science and social psychology research has shown that discrimination not only results from individual and deliberate discriminatory acts but also from systemic factors operating at societal level or within specific organisations like companies. In the US and Canada, the concept of systemic discrimination gave rise to legal scholarship and/or has even been accepted by case law. In the EU, important questions remain as the existing (antidiscrimination) legal framework is not adapted to tackle this collective or ystemicform of discrimination. However, the need to address systemic discrimination has become even more urgent with the rapid rise of artificial intelligence (AI), as algorithmic technologies pose a potential threat to perpetuate and reinforce systemic inequalities.This project seeks to investigate how the legal framework both at EU and national levels (3 case studies, Belgium, France and Ireland) could be reformed to respond to the challenges arising from systemic discrimination in terms of enforcement (e.g. remedies, proof, procedural challenges, dispute resolution method). The project combines legal analysis with insights from social science and social psychology.