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EQUALITY LAW IN AN ENLARGED EUROPEAN UNION Part 2

Về đối tượng áp dụng, Điều 2 của Luật bình đẳng giới quy định đối tượng áp dụng của Luật là cơ quan nhà nước, tổ chức chính trị, tổ chức chính trị - xã hội, tổ chức chính trị xã hội - nghề nghiệp, tổ chức xã hội, tổ chức xã hội - nghề nghiệp, tổ chức kinh tế, đơn vị sự nghiệp. | introduction 13 is at once economic and social .45 The ECJ reversed the order of this double aim in Deutsche Telekom AG v. Lili Schroeder declaring that the economic aim pursued by Article 119 of the Treaty . is secondary to the social aim pursued by the same provision which constitutes the expression of a fundamental human right .46 From a relatively early stage the right not to be discriminated against on grounds of sex was accorded the status of a fundamental personal human right and the Court declared it part of the general principles of European law.47 The Court has more recently in Hill and Stapleton v. Revenue Commissioners assigned a further and infinitely more novel aim to this principle stating Community policy in this area is to encourage and if possible adapt working conditions to family responsibilities .48 This judicially declared aim may well have unintended positive consequences for other Article 13 grounds. It is to be hoped that the Court will remain consistently open to acknowledging and responding to the human realities of modern working life especially contexts such as demographic ageing and the linked issue of elder care. By contrast the Article 13 Directives have three identifiable goals from the outset economic social and fundamental human rights in no stated order.49 Gerard Quinn in his chapter on disability argues that the human rights rationale of the Employment Directive is the dominant rationale of that instrument.50 This point of view is in harmony with the present era which is marked by the parallel rich if incomplete development of human rights in EC law. The shift away from a principally economic goal for the Community principles of equality and non-discrimination has been particularly pronounced in the phase since the incorporation of Article 13 EC. This has led to the acknowledgement that these principles are no longer primarily related to market integration and have become objectives in their own right .51 Indeed Robin Allen QC .