Applying International and European Anti-Discrimination Law to the Housing Context

Applying International and European Anti-Discrimination Law to the Housing Context
Author: Juan Carlos Benito Sanchez
Publisher: Bloomsbury Publishing
Total Pages: 327
Release: 2023-10-05
Genre: Law
ISBN: 1509975284

This is the first study of anti-discrimination law as it applies to housing law in Europe. It offers an important perspective in a field dominated by employment law studies, while drawing on concepts significant in that field as well. Legislative discussion looks at EU law, the European Convention on Human Rights, the European Social Charter and related case law. The book goes further to examine United Nations human rights instruments and related practice of UN committees. This unique focus allows for a fuller understanding of anti-discrimination law's implications, potential, and challenges.

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.

Precarious Housing in Europe

Precarious Housing in Europe
Author: PusH Precarious Housing in Europe
Publisher: Edition Donau-Universität Krems
Total Pages: 407
Release: 2022-09-07
Genre: Science
ISBN: 3903150940

Precarious housing conditions are on the rise across Europe. Precarious housing refers to housing that is either unaffordable or unsuitable, for example, because it is overcrowded, in poor dwelling condition, poorly located or even unsafe. While there is much literature on the strong link between employment and housing insecurity and abundant investigations into different aspects of precarious housing, hardly any attempt has been made so far to provide a consolidated overview of the whole topic and thereby put these different facets into the joint perspective of housing-related poverty. This Critical Guide adds to the debate on causes, symptoms, consequences and possible solutions and makes them accessible for teaching, learning and self-study across multiple disciplines. It is the result of "PusH - Precarious Housing in Europe", a Strategic Partnership funded under Erasmus+. The seven chapters of this book examine a range of themes, focusing on how experiences of precarious housing intersect with other dynamics of precariousness, associated with insecure immigration status, racism and discrimination, class, wealth, and income disparities, and forms of homelessness and displacement. Each chapter draws on examples from across Europe to explore different experiences of precarious housing, and different responses to these conditions.

New Europe - Old Values?

New Europe - Old Values?
Author: Nada Bodiroga-Vukobrat
Publisher: Springer
Total Pages: 291
Release: 2015-11-17
Genre: Law
ISBN: 331902213X

This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles – persona, dominum, obligation, contract and inheritance – composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of ‘one law, one court’ are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.

Genetics, Disability and the Law

Genetics, Disability and the Law
Author: Aisling de Paor
Publisher: Cambridge University Press
Total Pages: 335
Release: 2017-09-21
Genre: Law
ISBN: 1107127572

With genetic technologies advancing rapidly, Aisling de Paor examines the urgent need for an EU-level framework to regulate genetic information.

Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

Cases, Materials and Text on National, Supranational and International Non-Discrimination Law
Author: Dagmar Schiek
Publisher: Bloomsbury Publishing
Total Pages: 728
Release: 2007-08-31
Genre: Law
ISBN: 1847316972

This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons. The Ius Commune Casebook on Non-Discrimination Law - provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. - provides the judiciary with the tools needed to respond sensitively to such cases. - provides material for teaching non-discrimination law to law and other students. - provides a basis for ongoing research on non-discrimination law. - provides an up-to-date overview of the implementation of the Directives and of the state of the law. This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme. See the detailed website for this book: www.casebooks.eu/nonDiscrimination/.

EU Anti-Discrimination Law Beyond Gender

EU Anti-Discrimination Law Beyond Gender
Author: Uladzislau Belavusau
Publisher: Bloomsbury Publishing
Total Pages: 393
Release: 2018-11-15
Genre: Law
ISBN: 1509915001

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Ignored and Unequal: Roma Access to the Right to Housing and Education in Turkey

Ignored and Unequal: Roma Access to the Right to Housing and Education in Turkey
Author: Ulaş Karan
Publisher: Minority Rights Group
Total Pages: 40
Release: 2017-06-22
Genre: Social Science
ISBN: 1907919872

Turkey’s Roma population and similar social groups such as Abdal have long been among the country’s most marginalized communities. Despite being guaranteed in both domestic and international law, in practice, for many Roma, the right to education and housing remains out of reach; however, limited data on the disparities and discrimination they face has contributed to their continued invisibility in public life. Ignored and Unequal: Roma Access to the Right to Housing and Education in Turkey provides a detailed overview of these communities’ challenges and the ways forward for these issues to be addressed. Roma communities suffer some of the worst housing conditions in the country, characterized by inadequate basic services, insecure land rights and physical segregation. These settlements are also especially vulnerable to destruction and relocation to accommodate urban development – a reality that can leave communities in a protracted state of displacement. Roma students face considerable barriers to accessing education and continue to enjoy far lower levels of attainment due to discrimination. Besides economic and geographic constraints, a range of issues, including discrimination in the classroom, non-inclusive curricula and the segregation of many children into poorly performing ‘Roma schools’ have entrenched unequal learning outcomes. These communities will continue to be sidelined from mainstream society until these rights gaps are effectively addressed. While there has been some progress in recent years, with the government developing a number of policies that officially recognize the challenges they experience, it remains to be seen if the current strategies will produce positive results. This publication provides a series of concrete steps for authorities that, if effectively implemented, could bring about lasting change for Roma and similar social groups in Turkey.

Migration and Discrimination

Migration and Discrimination
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.