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

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  • 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
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    References listed on IDEAS

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    1. Mijke Houwerzijl & Imke van Gardingen, 2025. "Strengthening the rights of posted third-country nationals in their EU Member State of residence and employment," Transfer: European Review of Labour and Research, , vol. 31(1), pages 89-103, February.
    2. Nathan Lillie & Katarzyna Kärkkäinen & Elif Naz Kayran, 2025. "The uncertain social insurance of intra-EU mobile construction workers," Transfer: European Review of Labour and Research, , vol. 31(1), pages 25-39, February.
    3. Sandra Mantu & Lisa Berntsen & Tesseltje de Lange & Anita Böcker & Natalia Skowronek, 2025. "EU migrant workers and the right to health in the Netherlands during and beyond the COVID-19 pandemic," Transfer: European Review of Labour and Research, , vol. 31(1), pages 105-119, February.
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    1. Nathan Lillie & Katarzyna Kärkkäinen & Elif Naz Kayran, 2025. "The uncertain social insurance of intra-EU mobile construction workers," Transfer: European Review of Labour and Research, , vol. 31(1), pages 25-39, February.

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