Comparative Equality And Anti Discrimination Law Third Edition
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Comparative Equality And Anti Discrimination Law Third Edition
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Author : David B. Oppenheimer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
Comparative Equality And Anti Discrimination Law Third Edition written by David B. Oppenheimer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-28 with Law categories.
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.
Comparative Equality And Anti Discrimination Law
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Author : David Benjamin Oppenheimer
language : en
Publisher: Foundation Press
Release Date : 2012
Comparative Equality And Anti Discrimination Law written by David Benjamin Oppenheimer and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Discrimination categories.
This casebook compares U.S. equality and antidiscrimination law with the law of several other legal systems, including those in Europe, South Africa, China, Colombia, and Argentina. Coverage includes equality issues in marriage, employment, affirmative action, reproductive rights, state religion, religious minorities, hate speech, and federalism. Extensive chapter notes add context to the developing law in these subject areas. Accessibility is enhanced by an extensive teacher's manual containing recommended syllabi for law school lectures, seminars, summer programs, and undergraduate law and society courses.
Equality And Non Discrimination In South Africa
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Author : Shadrack Gutto
language : en
Publisher: New Africa Books
Release Date : 2001
Equality And Non Discrimination In South Africa written by Shadrack Gutto and has been published by New Africa Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work.
Comparative Perspectives On The Enforcement And Effectiveness Of Antidiscrimination Law
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Author : Marie Mercat-Bruns
language : en
Publisher: Springer
Release Date : 2018-06-30
Comparative Perspectives On The Enforcement And Effectiveness Of Antidiscrimination Law written by Marie Mercat-Bruns and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-30 with Law categories.
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.
Eu Anti Discrimination Law
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Author : Evelyn Ellis
language : en
Publisher: OUP Oxford
Release Date : 2012-11-29
Eu Anti Discrimination Law written by Evelyn Ellis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Law categories.
EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.
Equality Discrimination And The Law
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Author : Michael Connolly
language : en
Publisher: Routledge
Release Date : 2022-01-06
Equality Discrimination And The Law written by Michael Connolly and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-06 with Law categories.
In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
The Right To Equality In European Human Rights Law
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Author : Charilaos Nikolaidis
language : en
Publisher: Routledge
Release Date : 2014-07-25
The Right To Equality In European Human Rights Law written by Charilaos Nikolaidis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-25 with Law categories.
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Women Islam And International Law
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Author : Ekaterina Yahyaoui Krivenko
language : en
Publisher: BRILL
Release Date : 2009
Women Islam And International Law written by Ekaterina Yahyaoui Krivenko and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.
Equality And Non Discrimination Under The European Convention On Human Rights
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Author : Oddný Mjöll Arnadóttir
language : en
Publisher: BRILL
Release Date : 2021-10-18
Equality And Non Discrimination Under The European Convention On Human Rights written by Oddný Mjöll Arnadóttir and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
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.
Employment Law In Context
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Author : David Cabrelli
language : en
Publisher: Oxford University Press
Release Date : 2016
Employment Law In Context written by David Cabrelli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.