The delimiters of discrimination by association

Abstract

The case law of the CJEU has a critical importance, and it has influenced all the Member States of the EU, especially in the field of equality law. As a result of the judgment of this court in the Coleman case, the discrimination by association allowed the scope of discrimination to be broadened. Due to the gradual application, it is generally said that the principle of equal treatment is limited to people who have specific characteristics protected by law and also to others with which they are related. Nevertheless, it continues to be a type of jurisprudential discrimination and it is not recognized in many provisions. Therefore, it is necessary to make an analysis of the case law in order to determine what are the defining elements of discrimination by association, to clarify this concept and to study how its application has been and will be in the future