Giovanni Castellani

Gender-related actuarial factors and anti-discrimination law in social security legislation

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Abstract

The paper examines the relationship between the application of gender-related actuarial factors and anti-discrimination law. Moving from the CJEU case law and north-american literature, the Author discusses the issue from various perspectives: the tradeoff between efficiency and fairness; the conflict between direct and indirect discrimination; the evidence related considerations. The study shows that the CJEU approach is producing an evident redistributive effect that, however, is not being adequately considered by the same Court.

Keywords

  • Anti-Discrimination Law
  • Social Security
  • Actuarial Factors

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