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David B. Oppenheimer,Sheila R. Foster,Sora Y. Han,Richard T. Ford
Author : David B. Oppenheimer,Sheila R. Foster,Sora Y. Han,Richard T. Ford Publisher : Edward Elgar Publishing Page : 645 pages File Size : 44,8 Mb Release : 2020-02-28 Category : Law ISBN : 9781788979214
Comparative Equality and Anti-Discrimination Law, Third Edition by David B. Oppenheimer,Sheila R. Foster,Sora Y. Han,Richard T. Ford Pdf
This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.
Equality and Non-Discrimination in the EU by Giovanni Zaccaroni Pdf
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.
Equality and Discrimination Law in Australia: An Introduction by Beth Gaze,Belinda Smith Pdf
Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.
Equality and Non-discrimination by Jane F. Adolphe,Robert L. Fastiggi,Michael A. Vacca Pdf
This volume explores ways of understanding equality and non-discrimination. Drawing on the timeless logic of realist philosophy, Catholic morality, and Catholic social teaching, the authors seek to provide intellectual clarity on many controversial questions. The contributors are lawyers, philosophers, and theologians who offer rich insights into the modern crisis of social thought on equality. They examine various global assaults on human life, marriage, the family, and the natural dignity of masculinity and femininity. They seek to uphold the essential foundations of reality for the attainment of the common good. The contributors attempt to move beyond a positivist mentality in order to evaluate the first principles of the natural law in which all human law is grounded. The various chapters evaluate developments and application of theories of equality and non-discrimination in the history of Western thought; in modern European practice; in contemporary inter-American practice; in the Asian setting; in the Middle East and North Africa; and in the Catholic canon law tradition. The authors strive to restore a universally valid conception of equality and non-discrimination as understood within the Catholic tradition.
Sex Discrimination in Uncertain Times by Margaret Thornton Pdf
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.
European Union Non-Discrimination Law by Dagmar Schiek,Victoria Chege Pdf
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.
Non-discrimination and Equality in the View of the UN Human Rights Treaty Bodies by Wouter Vandenhole Pdf
As part of a larger research project on harmonisation and convergence among UN human rights treaty bodies, scrutinises convergence and divergence, communality, and related issues. Focuses on five Committees: The Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Human Rights Committee (HRC), the International Covenant on Economics, Social and Cultural Rights (CESCR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC).
Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law by Marie Mercat-Bruns,David B. Oppenheimer,Cady Sartorius Pdf
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 and Intersectionality by Anna Lawson Pdf
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.
Equal in Law, Unequal in Fact by Timo Makkonen Pdf
An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.
Author : Liu Xiaonan,Wang Liwan Publisher : Chinese Perspectives on Human Page : 345 pages File Size : 48,7 Mb Release : 2021 Category : Law ISBN : 9004421009
Equality and Anti-Discrimination by Liu Xiaonan,Wang Liwan Pdf
In Equality and Anti-Discrimination: The Road to Equal Rights in China, Professors Liu Xiaonan and Wang Liwan collecte experienced scholars in the field of anti-discrimination law to conduct deep discussions on the manifestations, causes, and solutions of discrimination issues in China.
Legislating Equality by Terri E. Givens,Rhonda Evans Case Pdf
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.
Equality and Non-Discrimination under the European Convention on Human Rights by Oddný Mjöll Arnadóttir Pdf
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.
This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
Equality: A New Framework by Bob Hepple,Mary Coussey,Tufyal Choudhury Pdf
This review of UK anti-discrimination law and its enforcement highlights the shortcomings of existing laws and recommends measures to develop an accessible legislative framework and promote effective equal-opportunity policies. Chapters focus on the need for a new framework, harmonizing legislation and institutions, changing organizational policy and behavior, and making procedures and remedies more effective. Distributed by ISBS. No index. Annotation copyrighted by Book News Inc., Portland, OR