Lieke Oosterveld-Haveman is working on a dissertation with the working title 'De botsing tussen het gelijkebehandelingsrecht en andere grondrechten in arbeidsrechtelijke context'.
Combating discrimination in the labour market is high on the political agenda of European and national lawmakers. At the same time, the right to equal treatment is not absolute. In labour law practice, numerous scenarios are imaginable in which the right to equal treatment clashes with other fundamental rights, such as the right to protection of personal data and the freedom to conduct a business.
The question of how to deal subsequently with such a clash of fundamental rights is not easy to answer. There is no hierarchy of fundamental rights that shows in general terms which fundamental right should prevail in a clash. Ultimately, it is often up to the court to decide and substantiate which fundamental right prevails in the given circumstances, with the possible outcome being a restriction of the right to equal treatment.
An effective fight against discrimination in the labour market therefore requires a broader view of the playing field on which the right to equal treatment operates and regularly comes into conflict with other fundamental rights. In her dissertation, Lieke Oosterveld-Haveman examines the normative value of the right to equal treatment when it clashes with other fundamental rights in the field of employment.