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: 8136

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: 1798

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: 446

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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Anti-discrimination Law and the European Union

Author: Mark Bell

Publisher: Oxford University Press

ISBN: 0199244502

Category: Law

Page: 269

View: 2770

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 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: 9077

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: 3797

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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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: 1865

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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Non-Discrimination Law

Comparative Perspectives

Author: Titia Loenen,Paulo R. Rodrigues

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110633

Category: Political Science

Page: 457

View: 5629

Equity law, John Hucker.
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Age Discrimination Law in Europe

Author: Nicky ten Bokum,Paul Bartelings

Publisher: Kluwer Law International B.V.

ISBN: 9041131310

Category: Law

Page: 401

View: 1440

Mit einem Kapitel zur Schweiz.
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Religion und Moral

Entkoppelt oder Verknüpft?

Author: Gert Pickel,Michael Krüggeler

Publisher: Springer-Verlag

ISBN: 3322949443

Category: Social Science

Page: 234

View: 2524

Religion wurde seit jeher als eine zentrale Begründung moralischer Prinzipien gehandelt. Im Rahmen der fortschreitenden Modernisierung scheint diese Verbindung brüchig zu werden. Empirisch sind nicht nur immer wieder eine (Re-) Modernisierung der Religion, sondern auch erneute religiöse Fundierungen von Moral zu beobachten. Wie ist nun die Beziehung zwischen Religion und Moral konstituiert? Sind religiös-moralische Bedingungszusammenhänge überhaupt in der Realität institutionalisiert und empirisch feststellbar? Verfällt die Moral in und durch ein Auseinanderdriften zu religiösen Überzeugungen? Entsprechend der Themenstellung, wird ein interdisziplinärer Zugang gewählt, der ausgehend von religionssoziologischen Gedanken, Auseinandersetzungen mit dem Thema in der Philosophie, Pädagogik und Theologie berücksichtigt. Neben der theoretischen Diskussion der Beziehungen von Religion und Moral, werden (auch methodisch) verschiedene Analysen zu der Aufdeckung und näheren Betrachtung dieser Wechselbeziehungen in verschiedenen europäischen Gesellschaften vorgelegt.
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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: 9041

"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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Equality Law in an Enlarged European Union

Understanding the Article 13 Directives

Author: Helen Meenan

Publisher: Cambridge University Press

ISBN: 1139467921

Category: Law

Page: 370

View: 7170

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.
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The Involvement of EU Law in Private Law Relationships

Author: Dorota Leczykiewicz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1782251049

Category: Law

Page: 492

View: 6712

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
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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: 7703

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 Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: OUP Oxford

ISBN: 0191668184

Category: Law

Page: 856

View: 1968

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
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Verbraucherleitbilder

Europäische und Interdisziplinäre Perspektiven

Author: Fabian Klinck,Karl Riesenhuber,Professor and Chair for Civil Law German and European Economic Law Karl Riesenhuber

Publisher: Walter de Gruyter

ISBN: 9783110363630

Category:

Page: 216

View: 7619

Politicians, legislators, academics, and consumer lawyers all base their regulatory interventions on a particular concept of the consumer. These proceedings of the General Concept of the Consumer conference aim to provide an up-to-date inventory of interdisciplinary and comparative foundations and to stimulate further dialogue on consumer models, both within and between disciplines.
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Beyond Elder Law

New Directions in Law and Aging

Author: Israel Doron,Ann M. Soden

Publisher: Springer Science & Business Media

ISBN: 3642259715

Category: Law

Page: 222

View: 2847

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
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