Introduction: Anti-Discrimination Law’s Fit into Civil Law Jurisdictions and the Factors Influencing it

The Introduction draws together the chapters’ findings in relation to the two research questions which have animated the project. The first question asked how anti-discrimination law fares in civil law jurisdictions of Europe and how it fits into them. The Introduction notes that while anti-discrimination law is still seen as a foreign transplant and a legal irritant in many places, it does not uniformly fare poorly. Its success varies and appears to depend not only on the country, but also the area of law, the actors involved, a particular concept or ground of discrimination, and has often evolved over time. The second question asked what factors influence anti-discrimination law’s fit or lack of it. ‘Legal’ as well as ‘extra-legal’ aspects seem to favour or hinder anti-discrimination law, but as they are often not always clearly separable and distinguishable, we locate four types of factors on a spectrum. On the legal side, pre-existing legislation and case law have played a role as have institutional choices. Constitutional and legal foundations and narratives, such as the myth of ‘universalism’ in France, have also influenced the success of anti-discrimination law. Finally, the wider political and social context is discussed, noting that the individual, liberty-oriented politics of common law countries, with their greater reflection of issues of cultural recognition, might be more easily compatible with anti-discrimination law, while the more communitarian, collective approach of continental European countries, with their emphasis on dignity and social-welfare solutions to social problems, might be less so.