IDEAS home Printed from https://ideas.repec.org/a/sae/treure/v31y2025i1p71-87.html
   My bibliography  Save this article

Challenging ‘migration exceptionalism’ in EU anti-discrimination law: enhancing equal access to social rights for third-country national workers

Author

Listed:
  • Henriet Baas

Abstract

Non-EU or ‘third-country national’ workers are increasingly an essential part of the EU workforce. They struggle to obtain full access to social rights on a par with EU citizens, however. This is partly because of the ‘migration exceptionalism’ engrained in EU anti-discrimination law, which largely excludes third-country nationals from protection against discrimination based on nationality and status grounds, such as race and religion. Drawing on EU migration law and recent CJEU jurisprudence, this article demonstrates that in EU anti-discrimination law, similar to international human rights law, migration exceptionalism is not absolute. The article develops legal avenues that make it possible to address cases of discriminatory exclusion of third-country national workers from social rights based on nationality, status grounds and migration status. These avenues help to bridge the protection gap between EU and third-country national workers, and between various categories of the latter.

Suggested Citation

  • Henriet Baas, 2025. "Challenging ‘migration exceptionalism’ in EU anti-discrimination law: enhancing equal access to social rights for third-country national workers," Transfer: European Review of Labour and Research, , vol. 31(1), pages 71-87, February.
  • Handle: RePEc:sae:treure:v:31:y:2025:i:1:p:71-87
    DOI: 10.1177/10242589241312075
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/10242589241312075
    Download Restriction: no

    File URL: https://libkey.io/10.1177/10242589241312075?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:treure:v:31:y:2025:i:1:p:71-87. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.