A Comparative Analysis of Discrimination by Association and Assumption in EU Member States
A new report from the European Network of Legal Experts in Gender Equality and Non-Discrimination, written by Judy Walsh and coordinated by the Migration Policy Group, examines the evolving concepts of discrimination by association and discrimination by assumption. These innovative approaches broaden the scope of anti-discrimination laws, recognising that unfair treatment can stem from relationships or perceived characteristics rather than personal attributes alone.
The report draws on landmark cases, including Coleman and CHEZ, to showcase how these principles have been interpreted in legal frameworks. It highlights instances where caregivers, parents, and communities have faced systemic bias due to assumptions or associations, underscoring the pressing need for updated legal protections.
Offering detailed insights and actionable recommendations, the report serves as a practical guide for policymakers, legal professionals, and advocates. It aims to close gaps in existing protections, strengthen enforcement, and promote inclusive practices across the European Union.
This publication reflects the ongoing commitment to addressing structural inequality and advancing fairness for all. Through its contributions, MPG continues to support initiatives that drive evidence-based progress and foster inclusive societies.
About the European network of legal experts in gender equality and non-discrimination
The European Network of legal experts in gender equality and non-discrimination was established in December 2014 and combines two previously existing networks: the European Network of Legal Experts in the Non-discrimination Field and the European Network of Legal Experts in the field of Gender Equality.
About the Migration Policy Group (MPG)
MPG is an independent think-and-do-tank based in Brussels. MPG’s purpose is rooted in its ability to inspire networks to provide evidence-based projects, research and campaigns in the areas of integration, migration and anti-discrimination.