Strategic Litigation Of Race Discrimination In Europe
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Author | : Yuji Nasu |
Publisher | : Cambridge University Press |
Total Pages | : 525 |
Release | : 2021-01-28 |
Genre | : Law |
ISBN | : 1108483992 |
A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.
Author | : open society justice initiative |
Publisher | : |
Total Pages | : |
Release | : 2018-10-03 |
Genre | : |
ISBN | : 9781940983844 |
Empirical look at human rights litigation
Author | : Dia Anagnostou |
Publisher | : BRILL |
Total Pages | : 269 |
Release | : 2010 |
Genre | : Political Science |
ISBN | : 9004173269 |
This volume examines the effects of Strasbourg Court jurisprudence for protecting the rights of marginalised individuals and minorities. It argues that its consequences vary depending upon the diverse social, legal and institutional context that shapes litigation and judicial approaches in each country.
Author | : Helen Duffy |
Publisher | : Bloomsbury Publishing |
Total Pages | : 329 |
Release | : 2018-09-06 |
Genre | : Law |
ISBN | : 1509921990 |
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
Author | : Rosita Fibbi |
Publisher | : Springer Nature |
Total Pages | : 105 |
Release | : 2021-04-08 |
Genre | : Social Science |
ISBN | : 3030672816 |
This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.
Author | : Mathias Möschel |
Publisher | : Routledge |
Total Pages | : 157 |
Release | : 2013-09-13 |
Genre | : Social Science |
ISBN | : 1135749477 |
The member states of the EU have only very recently begun to consider race and racism in the framework of equality legislation and policies. As opposed to an established Anglo-Saxon tradition of naming races and using racial categorisation to fight racism, most continental European countries resist this approach. This book investigates the problematic reception and elaboration of race as a socio-legal category in Europe. Fighting Discrimination in Europe takes a fresh and interdisciplinary look at the normative, theoretical and concrete problems raised by the challenge of devising and enforcing policies to combat race discrimination in Europe. It engages with the juridical and political spheres, from the international level down to concrete cases of state and city policies. As the multifaceted relationship between race, discrimination and immigration is explored, new normative positions and practical approaches are developed, and new questions raised. This collection presents important new research for academics, researchers, and advanced students of Ethnic Studies, Migration Studies, Legal Studies, Sociology, Anthropology, and Policy Studies. This book was originally published as a special issue of Ethnic and Racial Studies.
Author | : Emma Lantschner |
Publisher | : Oxford University Press |
Total Pages | : 480 |
Release | : 2021-10-21 |
Genre | : Law |
ISBN | : 0192655248 |
The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.
Author | : Zoltán Búzás |
Publisher | : University of Pennsylvania Press |
Total Pages | : 329 |
Release | : 2021-01-01 |
Genre | : Political Science |
ISBN | : 0812297687 |
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
Author | : Yash P. Ghai |
Publisher | : Commonwealth Secretariat |
Total Pages | : 158 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 9781869940270 |
South Africa is increasingly an attractive place for international investment. Investing in South Africa provides readers with an overview of the investment environment in South Africa, and information on investment opportunities, developments, and foreign direct investment incentives offered by the Department of Trade and Industry (the DTI). It also outlines the support that the DTI offers new investors in South Africa. Through the New Partnership for Africa's Development (NEPAD), priority areas have been identified for Africa--one of which is the development of the private sector as a means to stimulate growth. An important element for investors in South Africa is that it is a gateway to the rest of Africa. Already many South African companies have learned many lessons in tackling the challenges of these markets. This provides a unique opportunity for international firms to draw on their lessons and experience.
Author | : Terri E. Givens |
Publisher | : Oxford University Press, USA |
Total Pages | : 177 |
Release | : 2014-04 |
Genre | : Law |
ISBN | : 0198709013 |
Legislating Equality describes the development of antidiscrimination policy through the lens of European integration. Through examining the development of discourses around anti-racism and historical developments in the 1980s, the book explains the role the key players who moved the legislation forward at the EU level.