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Author : Ann Numhauser-Henning
Publisher : Kluwer Law International B.V.
Page : 388 pages
File Size : 51,8 Mb
Release : 2001-08-22
Category : Law
ISBN : 9789041116659
CONTENTS.
Author : Rodrigues,Titia Loenen
Publisher : Martinus Nijhoff Publishers
Page : 465 pages
File Size : 44,6 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637511
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.
Author : Dagmar Schiek,Victoria Chege
Publisher : Routledge
Page : 623 pages
File Size : 40,7 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781134049318
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.
Author : Marie Mercat-Bruns,David B. Oppenheimer,Cady Sartorius
Publisher : Springer
Page : 567 pages
File Size : 51,9 Mb
Release : 2018-06-30
Category : Law
ISBN : 9783319900681
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.
Author : Jo Carby-Hall,Zbigniew Góral,Aneta Tyc
Publisher : Taylor & Francis
Page : 289 pages
File Size : 53,6 Mb
Release : 2022-12-14
Category : Law
ISBN : 9781000797787
Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.
Author : Anne-Marie Mooney Cotter
Publisher : Routledge
Page : 373 pages
File Size : 45,5 Mb
Release : 2016-05-23
Category : Social Science
ISBN : 9781317165279
Even today, class discrimination remains an important global legal issue. This book allows readers a better understanding of the issue of class discrimination and inequality, including the role of education in bridging the class systems. The study seeks to increase the likelihood of achieving equality at both the national and international levels for those suffering class discrimination as the international population becomes increasingly educated, looking at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between class and education as they relate to the law, the book will be an important read for those concerned with equality.
Author : Sandra Fredman,Sarah Spencer
Publisher : Hart Publishing
Page : 237 pages
File Size : 42,9 Mb
Release : 2003-07
Category : Family & Relationships
ISBN : 9781841134055
Essays on the emerging legal issues surrounding age discrimination and moves to create equality in the EU and UK.
Author : Anna Lawson
Publisher : Routledge
Page : 423 pages
File Size : 54,5 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317139201
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.
Author : David B. Oppenheimer,Sheila R. Foster,Sora Y. Han,Richard T. Ford
Publisher : Edward Elgar Publishing
Page : 645 pages
File Size : 43,9 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788979214
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.
Author : Barbara Havelková,Mathias Möschel
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 51,6 Mb
Release : 2019-12-19
Category : Law
ISBN : 9780198853138
This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.
Author : European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.4
Publisher : Unknown
Page : 76 pages
File Size : 40,8 Mb
Release : 2007
Category : Age discrimination
ISBN : UVA:X030375209
Methodological approach to the study -- Literature review -- Exploring multiple discrimination from a legal perspective -- Exploring multiple discrimination -- Good practice -- Recommendations and suggestions.
Author : Deborah Hellman,Sophia Moreau
Publisher : OUP Oxford
Page : 320 pages
File Size : 43,9 Mb
Release : 2013-11-28
Category : Law
ISBN : 9780191641305
How do we understand and justify the particular partialities that discrimination law tries to protect against? Are different discrimination laws from around the world grounded in a single set of norms? And does discrimination law fail to treat people as individuals? The philosophical study around discrimination law in the private and public sector is a relatively young field of inquiry. This is owing to the fact that anti-discrimination laws are relatively new. It is arguably only since the Second World War that these rights have been adopted by countries in a broad sense, ensuring that all citizens have civil rights and the right to non-discrimination. Theory around discrimination law has until recently been threefold, doctrinal in its approach, questioning equality - why it matters and why should it influence legislatures in the design of policy - and thirdly focusing on the issue of affirmative action. This volume takes a fresh look at the philosophy of discrimination law, identifying points of discussion in need of further study. It addresses how we are to understand and justify laws prohibiting discrimination. For instance, how discrimination might be best conceived - as a personal wrong or as an unfair distribution of resources. The volume then turns to a number of meta-theoretical questions, whether different discrimination laws are coherent and grounded in collectively held beliefs or are instead a collection of very different rules that have no underlying coherence. Lastly, the authors focus on issues in discrimination law that are currently the topic of considerable political debate. The questions raised here are urgent and necessary and it is the hope of the authors that other academics and philosophers may join in their discussions.
Author : Xiaonan Liu,Liwan Wang
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2021
Category : Discrimination
ISBN : 9004421017
The international standard, experience and Chinese practice regarding equality and non-discrimination / Liu Xiaonan -- From height to genes : the legal development of anti-discrimination in China / Zhou Wei -- China's anti-discrimination law legislation : difficulties and future / Wang Bin -- Protection of ethnic equality in the field of social public service / Li Hao -- Conflicts between protection and discrimination : multiple predicaments of gender equality in legislation and judiciary focusing on the special regulation on labor protection of female workers / Guo Huimin and Wang Jue -- Legislative protection and gender budget of women's right to equality international and domestic perspectives / Xu Shuang -- Employment fraudulence vs. employment discrimination a case study on secretive marriage, pregnancy or childbirth / He Xia -- Silent changes transsexuals' right to marry in mainland China and Hong Kong / Guo Xiaofei and Zhu Jingshu -- Sexual harassment : stepping outside the shadow of Chinese law and policy / Zhang Lining -- "Beijing + 25" retrospect and prospect : the establishment of a sexual harassment prevention mechanism in the workplace from the perspective of human rights / Liu Xiaonan and Huang Zhouzheng -- "The object of welfare" or "the subject of rights"? Social disability awareness reflected by the themes of the international day of persons with disabilities and the national day for helping persons with disabilities / Liang Tukun and Fu Gaoshan -- Tackling discrimination based on health status in China : law and practice / Li Zijin -- A study of age discrimination and China status quo / Hao Luyi -- Study on the supervision mechanism for eliminating gender discrimination in recruitment / Yang Hui -- Analysis of the legal issues concerning employment gender discrimination litigation in China / Liu Xiaonan -- Employment discrimination lawsuits in China a survey study and a discussion / Lu Jiefeng -- The judicial protection of the right of equality based on the observation and summarizing of 116 anti-discrimination cases / Li Cheng.
Author : Deborah L. RHODE,Deborah L Rhode
Publisher : Harvard University Press
Page : 441 pages
File Size : 46,9 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674042674
This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota
Author : Joseph Roger Carby-Hall,Zbigniew Goral,Aneta Tyc
Publisher : Taylor & Francis
Page : 329 pages
File Size : 48,5 Mb
Release : 2023-10-20
Category : Law
ISBN : 9781000970975
With contributions from top legal scholars, this edited collection provides an international overview of the most up-to-date issues and new trends in law regarding employment discrimination in different countries. Confronting the US, the UK, Japan on the one hand, with the EU jurisdictions, namely Italy, France, Spain, Greece, Hungary, Slovak Republic and the Czech Republic on the other hand, this book pays special attention to the most significant changes to law in these countries and ongoing challenges they face. The monograph is complementary to a former one entitled "Discrimination and Employment Law: International Legal Perspectives", Joseph Carby-Hall, Zbigniew Góral and Aneta Tyc (eds.), Routledge 2023, and at the same time works as a separate volume. Adopting a problem-solving approach, this monograph offers an in-depth analysis of both anti-discrimination statutory law and of a growing and still developing corpus of case law. This book will appeal to students, academics and practitioners working in the field of labour and employment law, anti-discrimination law and human rights law, as well as to employers, employees, trade unions, the ETUC, the ILO, and policy-makers from all over the world.
