Anti-discrimination Law and the European Union

Author: Mark Bell

Publisher: Oxford University Press

ISBN: 0199244502

Category: Law

Page: 269

View: 5326

This book provides a timely and topical overview of recent developments in EU anti-discrimination law. Examining in particular discrimination on the grounds of race and sexual orientation, it provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001.
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European Union Non-Discrimination Law and Intersectionality

Investigating the Triangle of Racial, Gender and Disability Discrimination

Author: Anna Lawson

Publisher: Routledge

ISBN: 1317139208

Category: Law

Page: 340

View: 4097

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.
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EU Anti-Discrimination Law

Author: Evelyn Ellis,Philippa Watson

Publisher: OUP Oxford

ISBN: 0191649473

Category: Law

Page: 576

View: 6716

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.
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EU Non-Discrimination Law in the Courts

Approaches to Sex and Sexualities Discrimination in EU Law

Author: Jule Mulder

Publisher: Bloomsbury Publishing

ISBN: 1509906215

Category: Law

Page: 344

View: 9933

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.
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European Non-discrimination Law

A Comparison of EU Law and the ECHR in the Field of Non-discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

Author: Sarah Haverkort-Speekenbrink

Publisher: Intersentia Uitgevers N V

ISBN: 9781780681269

Category: Law

Page: 377

View: 5946

In Europe, contemporary multicultural issues raise the question as to whether the overlap between the non-discrimination regimes of the European Union and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race, and religious discrimination in a similar manner or would these courts take a different approach? This study consists of three parts. First, an analysis is presented of the EU non-discrimination Directives 2006/54, 2000/43, and 2000/78, and the ECJ's assessment in cases of alleged sex, race, and religious discrimination in the public workplace. This is followed by an examination of the non-discrimination provisions of the European Convention on Human Rights (ECHR) and the right to freedom of religion. Further, the ECtHR's assessment in cases involving potential discrimination in the public workplace based on sex, race, and religion are examined. In the final section, a comparison is made between the provisions and the assessment of the ECJ and the ECtHR. Besides a look at European legislation, case law, and academic literature, this research also uses a legal case study to explore the similarities and differences between the non-discrimination regimes. Accordingly, the theory is again discussed, but now in light of a much debated issue in Europe: the wearing of the Islamic headscarf in public employment. The result of the study is a detailed explanation of the relevant similarities and differences between the approaches of the two courts to claims of discrimination. (Series: School of Human Rights Research - Vol. 59)
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European Union Non-Discrimination Law

Comparative Perspectives on Multidimensional Equality Law

Author: Dagmar Schiek,Victoria Chege

Publisher: Routledge

ISBN: 1134049323

Category: Law

Page: 448

View: 6484

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.
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Non-Discrimination Law

Comparative Perspectives

Author: Titia Loenen,Paulo R. Rodrigues

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110633

Category: Political Science

Page: 457

View: 4022

Equity law, John Hucker.
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Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

Ius Commune Casebooks for the Common Law of Europe

Author: Dagmar Schiek,Lisa Waddington,Mark Bell

Publisher: Bloomsbury Publishing

ISBN: 1847316972

Category: Law

Page: 1118

View: 9560

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/.
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The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 5445

The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study
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The principle of non-discrimination in international and European tax law

Author: Niels Bammens

Publisher: IBFD

ISBN: 9087221592

Category: Conflict of laws

Page: 1130

View: 7065

"The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed. First, the partial overlap of the two non-discrimination rules may cause frictions. Complex triangular situations are possible, with conflicting rules giving rise to interpretation problems. A second issue discussed in this context is whether national courts of EU Member States are influenced by ECJ case law on the fundamental freedoms when interpreting the non-discrimination provision in tax treaties. Given the deficiencies of that provision, courts may be tempted to draw inspiration from the European standard. The relevant case law is discussed in order to determine whether there is indeed such an influence, and whether such an influence is appropriate."--Extracted from publisher website on May 20, 2015.
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Non-Discrimination in European and Tax Treaty Law

Schriftenreihe IStR Band 94

Author: Kasper Dziurdz,Christoph Marchgraber

Publisher: Linde Verlag GmbH

ISBN: 370940729X

Category: Law

Page: 630

View: 4666

Selected issues of the various non-discrimination concepts Non-discrimination plays an important, if not crucial, role in many areas of law, such as constitutional law, human rights law, world trade law, EU law and tax treaty law. Both direct and indirect taxation are affected by the various types of non-discrimination provisions. From a practical point of view, the non-discrimination provisions within the EU legal framework and the non-discrimination concept under Article 24 of the OECD Model are important examples in this respect. In both areas of non-discrimination law, there are many open issues which have been debated for a long time and have evolved as evergreens of non-discrimination in the area of taxation; examples are the meaning of the ECJ’s case law on the “finality” of losses or the compatibility of group regimes with Article 24 of the OECD Model. Other problems have emerged only recently, because of current developments at the OECD level, notably the BEPS project. Therefore, non-discrimination suggested itself as a general topic for the master theses of the full-time LL.M. program in 2014/2015. This book takes up and deals with selected issues in depth. Although the relevant non-discrimination provisions are different in wording and context, often the same issues can be analyzed under both the EU fundamental freedoms and Article 24 of the OECD Model. The results under these non-discrimination provisions may differ. However, similar policy considerations and arguments often influence the final decisions. With this book, the authors and editors contribute to the discussion on selected issues of the various non-discrimination concepts and the challenges they present.
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Die Homosexualität des Mannes und des Weibes

Author: Magnus Hirschfeld

Publisher: Walter de Gruyter

ISBN: 311086780X

Category: Medical

Page: 1114

View: 1255

Magnus Hirschfeld war nicht nur, gemeinsam mit drei anderen Berliner Ärzten- Ivan Bloch, Albert Moll und Max Marcuse - der Begründer einer deutschen, seinerzeit auch international unerreichten Sexualwissenschaft. Er war darüber hinaus Jude und homosexuell veranlagt. Dies alles hat ihn zu einem der ersten prominenten Opfer der Nationalsozialisten werden lassen. Bereits 1930 mußte er in seinem Berliner Institut für Sexualwissenschaft, das er 1919 gegründet hatte, um seine Existenz und sein Leben fürchten. Der drohenden Ermordung entging er nur zufällig, weil er sich bei der Zerstörung des Instituts durch den SA-Mob auf einer Vortragsreise befand. Damit ging ein ruhmreiches Kapitel der deutschen Kulturwissenschaften dramatisch zu Ende. Es sollte bis in die jüngste Zeit dauern, daß man sich der Bedeutung Hirschfelds in ihrer ganzen Tragweite bewußt wurde. Sein erstes großes Hauptwerk verfolgt das Thema Homosexualität in all seinen Facetten. Zugrunde lagen Hirschfelds Ausführungen zahllose Fallstudien und Untersuchungen, die er nach standardisierten Mustern vornahm. In dem umfangreichen Band versuchte er, das Thema in seiner ganze Breite zu erfassen. Auch wenn die biologischen Ausführungen Hirschfelds heutzutage als veraltet gelten, so sind doch seine Analysen immer noch ausgesprochen lesenswert und berühren in ihrer Detailversessenheit- etwa, wenn Hirschfeld den Tascheninhalt des homosexuellen Mannes beschreibt oder die Eigenarten des Schwulenlebens in den südlichen Ländern, die Wohnungseinrichtung und Berufswahl der typischen lesbischen Frau etc. Mit diesen Beschreibungen ging allerdings auch eine Gefahr einher: Hirschfeld lieferte ungewollt den Nationalsozialisten gewissermaßen die Checklisten, mit denen sie dann, verstärkt nach dem Röhm-Putsch von 1934, die Verfolgung der homosexuellen Männer intensivieren konnten.
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