Enforcement Mechanisms of the Racial Equality Directive and Minority Protection PDF Download
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Author: Mónika Ambrus
Publisher:
ISBN: 9789077596944
Category : Minorities
Languages : en
Pages : 0
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Book Description
Unlike EU legislation in general, the Racial Equality Directive (RED) for Minority Protection includes several enforcement-related rules in addition to the substantive provisions. This book examines the interpretation of the enforcement provisions of the RED, examines the implementation of these provisions in four Member States (Belgium, Estonia, Hungary and the Netherlands), and sets out the implication of the enforcement provisions for minority protection. It concludes that neither the European Court of Justice nor the four Member States have fully realized the potential of the RED enforcement mechanisms. Moreover the RED itself missed some opportunities to guarantee the effective enforcement of the right to equal treatment on the grounds of racial or ethnic origin. Nevertheless, important steps have been taken to make the enforcement of the right to equal treatment as effective as possible by taking the perspective of the victim into account, thus contributing to an enhanced level of minority protection. In addition to providing a solid theoretical basis concerning the enforcement mechanisms of the RED, this book also serves as a handbook for practitioners, supporting their everyday work in the interpretation and application of the national equal treatment legislation. This book will be of interest to academics and practitioners in human rights, political science, and constitutional rights.
Author: Mónika Ambrus
Publisher:
ISBN: 9789077596944
Category : Minorities
Languages : en
Pages : 0
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Book Description
Unlike EU legislation in general, the Racial Equality Directive (RED) for Minority Protection includes several enforcement-related rules in addition to the substantive provisions. This book examines the interpretation of the enforcement provisions of the RED, examines the implementation of these provisions in four Member States (Belgium, Estonia, Hungary and the Netherlands), and sets out the implication of the enforcement provisions for minority protection. It concludes that neither the European Court of Justice nor the four Member States have fully realized the potential of the RED enforcement mechanisms. Moreover the RED itself missed some opportunities to guarantee the effective enforcement of the right to equal treatment on the grounds of racial or ethnic origin. Nevertheless, important steps have been taken to make the enforcement of the right to equal treatment as effective as possible by taking the perspective of the victim into account, thus contributing to an enhanced level of minority protection. In addition to providing a solid theoretical basis concerning the enforcement mechanisms of the RED, this book also serves as a handbook for practitioners, supporting their everyday work in the interpretation and application of the national equal treatment legislation. This book will be of interest to academics and practitioners in human rights, political science, and constitutional rights.
Author: EU Accession Monitoring Program
Publisher: Monitoring the EU Accession Press
ISBN:
Category : Political Science
Languages : en
Pages : 452
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Book Description
Eumpa has published monitoring reports highlighting specific areas in which state performance conforms to, or fails short of, broadly accepted international standards. These two volumes monitor access to education and employment for people with intellectual disabilities in 15 European countries and make recommendations on how people with intellectual disabilities can be more fully integrated into community life. The summary report is a condense version of the two full volumes.
Author: United Nations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 188
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Book Description
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.
Author: Marie-Claire Foblets
Publisher: Routledge
ISBN: 1317186362
Category : Law
Languages : en
Pages : 417
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Book Description
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Emma Lantschner
Publisher: Oxford University Press
ISBN: 0192843370
Category : Law
Languages : en
Pages : 481
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Book Description
The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.
Author: Mónika Ambrus
Publisher:
ISBN: 9789077596869
Category :
Languages : en
Pages : 437
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Book Description
Author: Andrzej Jakubowski
Publisher: Routledge
ISBN: 1317312279
Category : Law
Languages : en
Pages : 340
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Book Description
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Author: Sina Van den Bogaert
Publisher: BRILL
ISBN: 9004354212
Category : Law
Languages : en
Pages : 576
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Book Description
In Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application ratione personae and ratione materiae of both instruments are discussed, as well as their "added value". Sina Van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education. This book is the first and only comprehensive scholarly treatment in public international law of the still widespread phenomenon of segregation of Roma children in education.
Author: Jasmina Mačkić
Publisher: BRILL
ISBN: 9004359850
Category : Law
Languages : en
Pages : 325
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Book Description
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0191026492
Category : Law
Languages : en
Pages : 465
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Book Description
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
