Parità di genere nell'accesso a beni e servizi: la direttiva 2004/113 e le misure di implementazione. Quali direzioni del diritto antidiscriminatorio?

The thesis focuses on the Directive 2004/113, on the equal treatment in the access and supply of goods and services. The first chapter analyses the evolution of the European antidiscrimination law, from the beginning of the European Economic Community to the Lisbon Treaty, crossing trough the second generation antidiscrimination Directives. The second chapter examines the so called “Goods and Services Directive”, its contents, its limits. The third part focuses on the Italian implementation process, with the modifications to the “Equal Opportunity Code” (D. Lgs. 198/2006). The fourth chapter deals with the “lights and shadows” of the German transposition of the “Goods and Services Directive” and the fifth gives an overview on the implementation in the Member States, analysing, in particular, the position of the national jurisprudence and of the Equality bodies to estimate how and when a distinction in the access and supply of goods and services is a justifiable difference or became a discrimination. The last part considers the issues analysed in the precedent chapters, focusing on the relationship between the principle of equality and the private autonomy, on the use and the boundary of the gender and on the possibility to observe a hierarchy in the protection of the different grounds. Then it points out notions and concepts “classic” in the antidiscrimination provisions. Finally, starting from the possibility to admit a distinction in the access and supply of goods and services on the ground of sex, the thesis analyses the possibility to interpret the “Goods and Services Directive” in the light of the Antisubordination principle, given that the differential pricing of services, sex segregation of services utilized by both men and women, single-sex provision of services, are justified on the ground of reasons of decency, safety, counteracting stereotypes and to break down gender roles.