The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 658

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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Ageing, Ageism and the Law

European Perspectives on the Rights of Older Persons

Author: Israel (Issi) Doron,Nena Georgantzi

Publisher: Edward Elgar Publishing

ISBN: 1788972112

Category: Law

Page: 224

View: 909

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
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EU Anti-Discrimination Law

Author: Evelyn Ellis,Philippa Watson

Publisher: OUP Oxford

ISBN: 0191649473

Category: Law

Page: 576

View: 8799

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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Discrimination and the Law 2e

Author: Malcolm Sargeant

Publisher: Routledge

ISBN: 1351214128

Category: Law

Page: 174

View: 5675

Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against ‘non-standard’ workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.
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Age Discrimination

Ageism in Employment and Service Provision

Author: Malcolm Sargeant

Publisher: CRC Press

ISBN: 1317183819

Category: Law

Page: 264

View: 8018

Age Discrimination looks at how both young and old can be penalised by prejudice against their age group. Following recent changes in the law, the issue of age discrimination has come to the fore. The new legislation will extend legal oversight of age-related discrimination to the provision of facilities, goods and services, as well as employment. Professor Sargeant provides a thorough review of the consequences of these changes and their implications for businesses and service providers, public or private. This comprehensive new book, like its predecessor Age Discrimination in Employment, is essential to practitioners responsible for HR issues, finance, operations, service delivery, quality and customer relations, and for those with a policy focus or academic interest in diversity issues.
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Constitutionalising the EU Judicial System

Essays in Honour of Pernilla Lindh

Author: Pascal Cardonnel,Allan Rosas,Nils Wahl

Publisher: Bloomsbury Publishing

ISBN: 1847319939

Category: Law

Page: 536

View: 2021

These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.
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Just a Number

An International Legal Analysis on Age Discrimination

Author: Anne-Marie Mooney Cotter

Publisher: Routledge

ISBN: 1317109929

Category: Law

Page: 356

View: 1518

Whilst workers' organizations and third-party analysts around the world commonly cite age as the most prevalent form of discrimination in the workplace, age discrimination has not had the same high profile as discrimination on grounds of sex or race. This book allows readers to better understand the issue of ageism and inequality. It examines the primary role of legislation and court process in combating age discrimination at both national and international levels. Including the role of NAFTA and the EU in this respect, it also provides a detailed examination of the relationship between age issues and the law, and will be an important resource for those involved in age discrimination and elder rights.
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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: 4540

Mit einem Kapitel zur Schweiz.
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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: 3704

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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The Power of the European Court of Justice

Author: Susanne K. Schmidt,R. Daniel Kelemen

Publisher: Routledge

ISBN: 1317981294

Category: Political Science

Page: 150

View: 3629

The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
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Research Handbook on EU Labour Law

Author: Alan Bogg,Cathryn Costello,A.C.L. Davies

Publisher: Edward Elgar Publishing

ISBN: 1783471123

Category: Law

Page: 592

View: 1109

Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
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Vulnerable Workers

Health, Safety and Well-being

Author: Maria Giovannone

Publisher: CRC Press

ISBN: 131700082X

Category: Business & Economics

Page: 294

View: 8143

The leading academic authorities contributing to this book have been involved in major studies carried out for international organisations, individual governments, and national trades' union organisations; in Vulnerable Workers they consider the growth of job insecurity, the prevalence of flexible or temporary work, and the emergence of precarious forms of self-employment. They look at the new market economies of post-communist Eastern Europe and China, where economic development may occur at the expense of workers' lives and health; 'misclassification' by employers of workers as 'contractors', denying them access to rights; and the plight of migrant, transient and 'invisible' workers. The impact of supply chain business strategies on the most vulnerable workers; and on the complex relationships between levels of job security and the presence of different kinds of risks are similarly assessed. The contributors also propose responses to the challenges they highlight. The role of employee representatives is examined, together with the potential to enhance worker capability through organisational change. New legislative approaches, and changes to traditional compensation and social security systems are considered. Academics and researchers, policy makers, regulators, trades unionists and occupational health professionals - and wise employers - will all find a use for this book.
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The SAGE Handbook of Aging, Work and Society

Author: John Field,Ronald J Burke,Cary L Cooper

Publisher: SAGE

ISBN: 1446294153

Category: Social Science

Page: 560

View: 3150

Aging has emerged as a major and urgent issue for individuals, organisations and governments of our time. In this well-timed and comprehensive handbook, key international contributors to the field of study come together to create a definitive map of the subject. Framed by an authoritative introductory chapter, the SAGE Handbook of Aging, Work and Society offers a critical overview of the most significant themes and topics, with discussions of current research, theoretical controversies and emerging issues, divided into sections covering: Key Issues and Challenges The Aging Workforce Managing an Aging Workforce Living in an Aging Society Developing Public Policy
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Gower Handbook of Discrimination at Work

Author: Tessa Wright,Hazel Conley

Publisher: Gower Publishing, Ltd.

ISBN: 9780566088988

Category: Business & Economics

Page: 318

View: 9394

Changing organisational culture is necessary to tackle the persistent forms of discrimination that exist in the workplace. The Gower Handbook of Discrimination at Work considers the current legal framework of discrimination law, it offers critical perspectives on the effectiveness of the law in the promotion of non-discrimination, and discusses the changes being proposed that will lead to a single equality act. The authors then look at ways to address discrimination.The Handbook will interest practitioners, such as HR professionals and managers involved in addressing equality at work, trade unionists, equality trainers, and academics concerned with researching or teaching in these areas.
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Legal Aspects of Nursing

Author: Bridgit Dimond

Publisher: Pearson Education

ISBN: 9781405858755

Category: Law

Page: 725

View: 2452

Now in its 5th edition, this text offers a comprehensive review of the legal aspects of nursing in Great Britain. It covers criminal & civil law, regulation of the NHS & also issues regarding patient rights, such as data protection, treatment consent & confidentiality.
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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: 3642259723

Category: Law

Page: 222

View: 4342

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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Basics on European Social Law

Author: Christina Hießl

Publisher: Linde Verlag GmbH

ISBN: 370940584X

Category: Law

Page: 160

View: 1955

The present book sets out – in a concise manner – the social law of the European Union. It covers all core areas of European labour law, as well as the coordination of social security. Apart from regulation based on the EU’s competence in social policy and the free movement of workers and other citizens, the book refers to other fields of EU regulation which typically lead to clashes between the member states’ national social law and the relevant EU norms. Extensive reference is had to case law, which continues to have a paramount role in shaping the law as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should be of help also to law practitioners in the rising number of cases where EU law is of relevance.
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Q&A European Union Law

Author: Michael Cuthbert

Publisher: Routledge

ISBN: 1317666453

Category: Law

Page: 229

View: 6705

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: ‘Aim Higher’ and ‘Common Pitfalls’ offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.
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Promoting Solidarity in the European Union

Author: Malcolm G. Ross,Yuri Borgmann-Prebil

Publisher: Oxford University Press, USA

ISBN: 0199583188

Category: Law

Page: 312

View: 598

The European Commission has claimed that 'Solidarity is part of how European society works...'. But how are we to understand solidarity, and what are its implications to Government policy? Promoting Solidarity in the European Union addresses the question of what solidarity might mean today and its relevance to the purposes of the European Union and the way it functions. Is solidarity just a slogan or can it have meaningful legal and policy content? This book brings together contributions from leading scholars in law, politics and sociology to discuss an idea that is coming under fresh scrutiny at a time when the EU's direction following the implementation of the Lisbon Treaty is hotly debated. The authors engage with both the content and limitations of solidarity as a concept in political and legal debate, and its application to specific fields such as migration, education and pensions policies. Promoting Solidarity in the European Union provides a thoughtful and provocative analysis of the power and potential of solidarity, applying a sceptical and rigorous assessment of the conditions necessary for it to make a difference to the European political and legal space at a time when traditional manifestations of national solidarity (e.g. in health care) are perceived to be under threat from EU market liberalization policies. A number of contributions consider whether an EU concept of solidarity is possible and how that might affect the balance between market and social priorities for the Union's future. If the EU is to be more than just a market, promoting solidarity as a value and a principle has a key role. This rich collection of essays explores how solidarity might fulfil its status as a core value for the Union.
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Fighting Discrimination in Europe

The Case for a Race-Conscious Approach

Author: Mathias Möschel,Costanza Hermanin,Michele Grigolo

Publisher: Routledge

ISBN: 113574940X

Category: Social Science

Page: 158

View: 6788

The member states of the EU have only very recently begun to consider race and racism in the framework of equality legislation and policies. As opposed to an established Anglo-Saxon tradition of naming races and using racial categorisation to fight racism, most continental European countries resist this approach. This book investigates the problematic reception and elaboration of race as a socio-legal category in Europe. Fighting Discrimination in Europe takes a fresh and interdisciplinary look at the normative, theoretical and concrete problems raised by the challenge of devising and enforcing policies to combat race discrimination in Europe. It engages with the juridical and political spheres, from the international level down to concrete cases of state and city policies. As the multifaceted relationship between race, discrimination and immigration is explored, new normative positions and practical approaches are developed, and new questions raised. This collection presents important new research for academics, researchers, and advanced students of Ethnic Studies, Migration Studies, Legal Studies, Sociology, Anthropology, and Policy Studies. This book was originally published as a special issue of Ethnic and Racial Studies.
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