Homophobic Speech and its Prohibition under EU Anti-discrimination Law: Opinion of Advocate General Sharpston in NH

Abstract

In the NH case, the Court of Justice of the EU was faced, once more, with homophobic speech and its prohibition under EU anti-discrimination law. The first time that the Court had to consider this issue was in 2013, when it was asked to interpret Directive 2000/78, in the Asociatia Accept case, which originated in Romania and which, also, involved homophobic remarks in the context of employment. As noted elsewhere, although the ruling in NH was not particularly ground-breaking given that it mostly affirmed the principles established in Asociatia Accept, it nonetheless offered useful clarifications regarding the reach of EU anti-discrimination law in situations involving homophobic speech where there is no identifiable victim. This chapter will present the facts of the case and the Court's ruling, with emphasis being placed on the Opinion of AG Sharpston. It will also consider the implications of the ruling and the gaps in protection persisting after its delivery.