Comparative Perspectives on Multidimensional Equality Law
Author: Dagmar Schiek,Victoria Chege
View: 7898EU 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: Uladzislau Belavusau,Kristin Henrard
Publisher: Bloomsbury Publishing
View: 8985The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
Approaches to Sex and Sexualities Discrimination in EU Law
Author: Jule Mulder
Publisher: Bloomsbury Publishing
View: 2764Since 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.
Author: Henrik Schramm
Publisher: Mohr Siebeck
View: 9760Auswahlentscheidungen gehen nicht ohne Ungleichbehandlung einher. Aber unter welchen Umstanden ist es verbotene Diskriminierung, wenn etwa ein Bewerber um einen Miet- oder Arbeitsvertrag kein Angebot erhalt? Henrik Schramm spurt der in Rechtsprechung und Literatur zum Allgemeinen Gleichbehandlungsgesetz (AGG) verbreiteten Unsicherheit uber subjektive und objektive Komponenten des Diskriminierungsunrechts nach. Dabei wird deutlich, dass die unmittelbare Diskriminierung zwar nicht nur verwerfliche Motive erfasst, sondern jedwedes Anknupfen an ein geschutztes Merkmal und die mittelbare Diskriminierung unverhaltnismassig nachteilige Auswirkungen neutraler Kriterien. Aber das heisst im Privatrechtsverkehr nichts anderes als aus verbotenen Grunden entscheiden oder anhand unakzeptabler Kriterien. Wird private Diskriminierung auf handlungstheoretisch-analytischer Grundlage scharfer konturiert, kommt Licht in ein Dickicht von Streitfragen - uber die begriffliche Rekonstruktion der Tatbestande bis hin etwa zur EuGH-Rechtsprechung zur Schwangerschafts- als Geschlechtsdiskriminierung, die sich als weniger systemlos und schwankend erweist als oft angenommen. Das Problem aber, dass fur die Aussenwelt oft ungewiss und manchmal auch fur den Verbotsadressaten selbst diffus bleibt, ob diskriminierende Grunde im Spiel sind, erfordert eine Beweiserleichterung. Richtig verstanden setzt diese nur beim Beweismass an und verandert die Beweislast nicht.
Papers & Proceedings of the VIIth European Regional Congress of the International Society for Labour Law and Social Security Law, Stockholm, September 2002
Author: Roger Blanpain
View: 9062Although nominally protected by a plethora of laws, and championed in several well-intentioned declarations and charters, today's worker often feels adrift on an uncharted sea subject to unpredictable currents that have nothing to do with the quality of his or her work. Can we get at the root of this serious problem? We can at least determine if our existing legal systems, especially in the area of collective bargaining, discrimination, social security and European integration are able and ready to tackle the world-of-work challenges that confront us. And if they are not, we can begin to formulate a basis for new and effective labour and social security laws. This was in fact the essential impetus for the European Conference of the International Society of Labour Law and Social Security held in Stockholm in September 2002, a ground-breaking conference of which this book is the written record. In general, the papers stress the European situation, as it is in the EU, both as it exists today and as it is likely to be in the foreseeable future, a community of twenty-five nations, that the major work challenges are felt, and that the legal debate on relevant issues is strongest and most open. However, the twenty-four distinguished authors include representatives from countries as far-flung as Belarus and Congo, Korea and Turkey, and with these contributions the analysis extends to a study of fundamental rights as they actually exist under a wide variety of labour and social security law regimes in today's world. Collective Bargaining, Discrimination, Social Security and European Integration should not be overlooked by any policymaker or academic in the fields of labour and industrial relations law or social security law. It is one of the most detailed and current investigations we have of a situation that threatens to become a crisis in contemporary law and society.
Author: Monica den Boer
Publisher: Edward Elgar Publishing
View: 3756Public police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing, New material and findings are presented with an international-comparative perspective, it is a must-read for students of policing, security and law and professionals in related fields.
Author: Niels Bammens
Category: Conflict of laws
View: 7404"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.
Author: Janneke H. Gerards,A. W. Heringa,Heleen L. Janssen
Publisher: Intersentia nv
View: 8278During the last decades, a better understanding of the influence of genetic factors on the onset of illness and disease has evolved. Unfortunately, however, the information revealed by genetic tests is not always accurate and reliable and its probabilistic value is often limited. Throughout the world, the possibility of genetic testing and the availability of individual genetic information have therefore caused increasing social concern, especially since many actors outside the medical profession, such as health and life insurance companies and employers, have shown a growing interest in individual genetic information. In many states, as well as on the international level, there is an ongoing debate about the balance that should be struck between the protection of the individual against misuse of genetic information and the interests of social actors and genetic research institutes, and about the policy options that are at hand to reduce the risks that are created by the availability of genetic information. This book offers some clarity as to the choices that have been made in various legal systems, both national and international, with respect to the regulation of genetic information. On the basis of an elaborate analysis of relevant legislation, policy approaches and case-law in the United States, the various European states and on the international level, the book aims to provide insight in the issues that must be deemed relevant in considering and, eventually, introducing regulative measures with respect to genetic information.
A Legal Perspective
Author: Tamara Hervey,Jeff Kenner
Publisher: Bloomsbury Publishing
View: 4602The Charter of Fundamental Rights of the European Union includes,in addition to the traditional 'civil and political rights', a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?
Living Rights or Dead Letters?
Author: Gerda Falkner,Oliver Treib
Category: Social Science
View: 5891This book offers a rigorous empirical and theoretical analysis of an important dimension of European integration - the implementation of EU legislation and its effect in the wake of the accession of ten new member states to the EU in 2004. The authors concentrate on the key field of social policy, which is of vital interest for the viability of the welfare state and the future of labour law standards in Europe. Following on from a previous prize-winning study, Complying with Europe: EU Harmonization and Soft Law in the Member States, this new volume looks at how EU social legislation works in practice, particularly in Central and Eastern European countries. The authors offer in-depth empirical case studies of three of the most significant pieces of EU social legislation: the Working Time Directive, the Equal Treatment Directive and the Employment Equality Directive. Their analysis makes it possible for the authors to make useful generalizations for the policy field as a whole.
Author: John Stuart Mill
Publisher: Musaicum Books
Category: Social Science
View: 1382Diese Ausgabe von "Die Hörigkeit der Frau" wurde mit einem funktionalen Layout erstellt und sorgfältig formatiert. John Stuart Mill (1806-1873) war ein englischer Philosoph und Ökonom und einer der einflussreichsten liberalen Denker des 19. Jahrhunderts. Er war Anhänger des Utilitarismus, der von Jeremy Bentham, dem Lehrer und Freund seines Vaters James Mill, entwickelt wurde. Aus dem Buch: "Bei allen zarteren Verrichtungen der Natur - von welchen die der belebten Schöpfung die zartesten und von diesen wieder die des Nervensystems die allerzartesten sind - hängen die Verschiedenheiten der Wirkung ebensowohl von der Verschiedenheit der betreffenden Organe nach ihrer Qualität wie nach ihrer Quantität ab, und wenn die Qualität eines Instrumentes nach der Feinheit und Sauberkeit des Werkes, das es verrichten kann, zu beurteilen ist, so weist dieser Schluß auf eine durchschnittlich feinere Qualität des Gehirnes und Nervensystems der Frauen als der Männer hin. Sieht man indes von allen abstrakten Unterschieden der Qualität ab, die zu belegen immer eine schwierige Sache bleibt, so weiß man doch, daß die Wirksamkeit eines Organes nicht allein von seinem Umfange, sondern von seiner Tätigkeit abhängt, und von dieser haben wir ein annäherndes Maß in der Kraft, mit welcher das Blut durch dasselbe zirkuliert, da sowohl der Stimulus wie die ersetzende Kraft hauptsächlich von dieser Zirkulation abhängt."
Investigating the Triangle of Racial, Gender and Disability Discrimination
Author: Anna Lawson
View: 6793This 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.
Sex Discrimination and the Law
Author: Deborah L. RHODE,Deborah L Rhode
Publisher: Harvard University Press
View: 9967This 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
European and International Law Perspectives
Author: Kristin Henrard,Robert Dunbar
Publisher: Cambridge University Press
View: 9768Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?