Anti-Discrimination Law in Civil Law Jurisdictions

Anti-Discrimination Law in Civil Law Jurisdictions PDF

Author: Barbara Havelková

Publisher: Oxford University Press, USA

Published: 2019-12-19

Total Pages: 321

ISBN-13: 0198853130

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This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

Anti-discrimination Law

Anti-discrimination Law PDF

Author: Christopher McCrudden

Publisher: Dartmouth Publishing Company

Published: 2004

Total Pages: 648

ISBN-13:

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Since the early 1990s, there has been an enormous growth in scholarship addressing the theoretical aspects of anti-discrimination law. Touching upon a number of jurisdictions, this volume collects many of the most illuminating articles published since then. As with other volumes in the series, the studies are placed into context by a specially-written introduction.

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law PDF

Author: Marie Mercat-Bruns

Publisher: Springer

Published: 2018-06-30

Total Pages: 567

ISBN-13: 3319900684

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This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

Unequal

Unequal PDF

Author: Sandra F. Sperino

Publisher: Oxford University Press

Published: 2017

Total Pages: 233

ISBN-13: 0190278382

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This work describes what happens when workers file employment discrimination cases in federal court.

Law, Lawyers and Race

Law, Lawyers and Race PDF

Author: Mathias Möschel

Publisher: Routledge

Published: 2014-09-15

Total Pages: 247

ISBN-13: 1317811526

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Critical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. Law, Lawyers and Race: Critical Race Theory from the United States to Europe endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context. The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Anti-Semitism, Islamophobia, anti-Roma and anti-Black racism constitute a fundamental factor, often tacitly accepted, in the relationship between law and race in Europe. Consequently, the broadly shared anti-race and anti-racist position is problematic because it acts to the detriment of victims of racism while privileging the White, Christian, male majority. This book is an original exploration of the relationship between law and race. As such it crosses the disciplinary divide, furthering both legal scholarship and research in Race and Ethnicity Studies.

EU Non-Discrimination Law in the Courts

EU Non-Discrimination Law in the Courts PDF

Author: Jule Mulder

Publisher: Bloomsbury Publishing

Published: 2017-01-12

Total Pages: 344

ISBN-13: 1509906231

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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.

Path Towards Equality: Anti-Discrimination Acts & Most Important Supreme Court Decisions Against Racism

Path Towards Equality: Anti-Discrimination Acts & Most Important Supreme Court Decisions Against Racism PDF

Author: U.S. Government

Publisher: e-artnow

Published: 2017-02-10

Total Pages: 447

ISBN-13: 8026873114

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This is a unique legal collection comprised of the most important U.S. Civil Rights Acts and Supreme Court decisions considering racial discrimination. Ideals, hopes and dreams of Nat Turner, Dred Scott, Martin Luther King and many other activists who fought for equality, are built in the legislative work presented in this edition. Whether you are a law student or a person interested in civil rights and concerned about equality, "Path Towards Equality" will provide you with insight into one of the most controversial issues of the American society. Table of Contents: Emancipation Proclamation & Gettysburg Address (1863) Thirteenth Amendment to the United States Constitution (1865) Civil Rights Act of 1866 Fourteenth Amendment to the United States Constitution (1868) Reconstruction Acts (1867-1868) Fifteenth Amendment to the United States Constitution (1870) Enforcement Act of 1870 The First Enforcement Act of 1871 (to enforce the rights of citizens of the United States to vote in the several States of this Union) The Second Enforcement Act of 1871 (Ku Klux Klan Act) Civil Rights Act of 1875 Executive Order 9981 (1948) Voting Rights Law of 1965 Executive Order 11246 (1965) Fair Housing Act (1968) United States Code Title 18 Chapter 13 (1968, 1976, 1988, 1994, 2009) The Community Reinvestment Act (1977) Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2007) Case Law: Strauder v. West Virginia (1880) Buchanan v. Warley (1917) Shelley v. Kraemer (1948) Sweatt v. Painter (1950) Brown v. Board of Education (1954) Boynton v. Virginia (1960) Heart of Atlanta Motel Inc. v. United States (1964) Loving v. Virginia (1967) Jones v. Alfred H. Mayer Co. (1968) Regents of the University of California v. Bakke (1978) Batson v. Kentucky (1986)

Understanding the Well-Being of LGBTQI+ Populations

Understanding the Well-Being of LGBTQI+ Populations PDF

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2021-01-23

Total Pages: 437

ISBN-13: 0309680816

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The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.

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