The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 1730

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
Release

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: 8960

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.
Release

Age Discrimination Law in Europe

Author: Nicky ten Bokum,Paul Bartelings

Publisher: Kluwer Law International B.V.

ISBN: 9041131310

Category: Law

Page: 401

View: 4488

Mit einem Kapitel zur Schweiz.
Release

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: 5097

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.
Release

Age Discrimination

Ageism in Employment and Service Provision

Author: Malcolm Sargeant

Publisher: CRC Press

ISBN: 1317183819

Category: Law

Page: 264

View: 6242

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.
Release

EU Anti-Discrimination Law

Author: Evelyn Ellis,Philippa Watson

Publisher: Oxford University Press

ISBN: 0199698465

Category: Law

Page: 519

View: 7019

Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.
Release

Discrimination and the Law

Author: Malcolm Sargeant

Publisher: Routledge

ISBN: 1134615728

Category: Law

Page: 176

View: 4976

Discrimination and the Law provides an exploration and evaluation of Discrimination Law, with a primary focus 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 the law has evolved. The book provides an examination of the main provisions of and the application of the Equality Act 2010 which was passed to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. Encompassing sex, race, age, disability, discrimination on the grounds of sexual orientation or religious belief, this book also considers aspects of discrimination which are not provided for, such as multiple discriminations and intersectionality. In addition, the provisions of the Equality Act and subsequent UK case law are considered within the context of EU Directives and judgments from the European Court of Justice and other international sources of equality law. Concise, accessible and with a review of current debates and issues at the end of each chapter, Discrimination and the Law is an essential introduction to the wide-ranging law relating to discrimination in the UK for both LLB and HRM students.
Release

Contemporary Perspectives on Ageism

Author: Liat Ayalon,Clemens Tesch-Römer

Publisher: Springer

ISBN: 3319738208

Category: Social Science

Page: 564

View: 4025

This open access book provides a comprehensive perspective on the concept of ageism, its origins, the manifestation and consequences of ageism, as well as ways to respond to and research ageism. The book represents a collaborative effort of researchers from over 20 countries and a variety of disciplines, including, psychology, sociology, gerontology, geriatrics, pharmacology, law, geography, design, engineering, policy and media studies. The contributors have collaborated to produce a truly stimulating and educating book on ageism which brings a clear overview of the state of the art in the field. The book serves as a catalyst to generate research, policy and public interest in the field of ageism and to reconstruct the image of old age and will be of interest to researchers and students in gerontology and geriatrics.
Release

Human Rights Law in Europe

The Influence, Overlaps and Contradictions of the EU and the ECHR

Author: Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara

Publisher: Routledge

ISBN: 1135971935

Category: Law

Page: 248

View: 6184

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Release

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: 6007

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.
Release

Just a Number

An International Legal Analysis on Age Discrimination

Author: Dr Anne-Marie Mooney Cotter

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496112

Category: Law

Page: 356

View: 4344

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.
Release

Vulnerable Workers

Health, Safety and Well-being

Author: Dr Maria Giovannone,Professor Malcolm Sargeant

Publisher: Gower Publishing, Ltd.

ISBN: 1409460436

Category: Business & Economics

Page: 294

View: 2272

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.
Release

Gower Handbook of Discrimination at Work

Author: Tessa Wright,Hazel Conley

Publisher: Gower Publishing, Ltd.

ISBN: 9780566088988

Category: Business & Economics

Page: 318

View: 9114

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.
Release

Q&A European Union Law

Author: Michael Cuthbert

Publisher: Routledge

ISBN: 1317666453

Category: Law

Page: 229

View: 1032

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.
Release

Anti-discrimination Law and the European Union

Author: Mark Bell

Publisher: Oxford University Press

ISBN: 0199244502

Category: Law

Page: 269

View: 4506

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.
Release

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: 8272

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
Release

Legal Aspects of Nursing

Author: Bridgit Dimond

Publisher: Pearson Education

ISBN: 9781405858755

Category: Law

Page: 725

View: 3609

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.
Release

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: 5186

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.
Release

Basics on European Social Law

Author: Christina Hießl

Publisher: Linde Verlag GmbH

ISBN: 370940584X

Category: Law

Page: 160

View: 1340

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.
Release

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: 3803

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.
Release