Non-Discrimination Law

Non-Discrimination Law
Author: Titia Loenen
Publisher: Martinus Nijhoff Publishers
Total Pages: 470
Release: 1999-07-21
Genre: Political Science
ISBN: 9789041110633

Equity law, John Hucker.

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law
Author: Marie Mercat-Bruns
Publisher: Springer
Total Pages: 558
Release: 2018-06-30
Genre: Law
ISBN: 3319900684

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

European Union Non-Discrimination Law

European Union Non-Discrimination Law
Author: Dagmar Schiek
Publisher: Routledge
Total Pages: 444
Release: 2009-06-02
Genre: Law
ISBN: 1134049323

This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

Equality and Non-Discrimination in the EU

Equality and Non-Discrimination in the EU
Author: Giovanni Zaccaroni
Publisher: Edward Elgar Publishing
Total Pages: 232
Release: 2021-02-26
Genre: Law
ISBN: 1789904609

Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.

Non-Discrimination Law: Comparative Perspectives

Non-Discrimination Law: Comparative Perspectives
Author: Rodrigues
Publisher: Martinus Nijhoff Publishers
Total Pages: 465
Release: 2023-09-20
Genre: Law
ISBN: 9004637516

This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.

European Union Non-Discrimination Law and Intersectionality

European Union Non-Discrimination Law and Intersectionality
Author: Prof Dr Dagmar Schiek
Publisher: Ashgate Publishing, Ltd.
Total Pages: 656
Release: 2013-02-28
Genre: Law
ISBN: 140949750X

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

European Union Non-Discrimination Law

European Union Non-Discrimination Law
Author: Dagmar Schiek
Publisher: Routledge
Total Pages: 623
Release: 2009-06-02
Genre: Law
ISBN: 1134049315

EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.

Making Anti-racial Discrimination Law

Making Anti-racial Discrimination Law
Author: Iyiola Solanke
Publisher: Routledge
Total Pages: 258
Release: 2009
Genre: Law
ISBN: 0415467802

Taking a comparative approach this book examines the evolution of anti-racial discrimination law from a socio-legal perspective. The book focuses primarily on Great Britain and Germany but also demonstrates how national politics feeds into EU policy.

Philosophical Foundations of Discrimination Law

Philosophical Foundations of Discrimination Law
Author: Deborah Hellman
Publisher:
Total Pages: 306
Release: 2013-10
Genre: Law
ISBN: 0199664315

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Equality and Non-Discrimination under the European Convention on Human Rights

Equality and Non-Discrimination under the European Convention on Human Rights
Author: Oddný Mjöll Arnadóttir
Publisher: BRILL
Total Pages: 283
Release: 2021-10-18
Genre: Law
ISBN: 9004481532

The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.