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Author: Michael Connolly
Publisher: Routledge
ISBN: 100045360X
Category : Law
Languages : en
Pages : 195
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Book Description
In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Author: Michael Connolly
Publisher: Routledge
ISBN: 100045360X
Category : Law
Languages : en
Pages : 195
Get Book Here
Book Description
In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Author: Paul Harpur
Publisher: Cambridge University Press
ISBN: 1108210570
Category : Political Science
Languages : en
Pages : 363
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Book Description
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
Author: Brian John Doyle
Publisher: Jordan Publishing (GB)
ISBN: 9781846612015
Category : Discrimination
Languages : en
Pages : 0
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Book Description
The domestic law concerning discrimination is currently contained in five separate Acts and four sets of principal regulations, reflecting no less than six main EU Directives. The Equality Act 2010 will harmonise the law relating to equality and discrimination, and will replace all existing anti- discrimination law once in force. The Act contains a number of provisions to support progress on equality, by: * introducing a public sector duty regarding socio-economic inequalities * empowering ministers to add caste to the definition of race * prohibiting discrimination arising from disability and outlawing enquiries about disability and health * extending indirect discrimination to disability * introducing combined discrimination based on dual characteristics * dealing with reasonable adjustments to common parts of premises * creating new rights to claim equal pay as a form of direct sex or dual discrimination where there is no identifiable male comparator * rendering it unlawful to prohibit colleagues from talking about terms of employment with a view to checking whether there is prohibited discrimination * allowing political parties to take proportionate action in selection arrangements to address under-representation in elected bodies and requiring them to publish anonymised information on the diversity of candidate selections * extending the public sector equality duty to gender reassignment, age, religion or belief, and sexual orientation * extending the permitted use of positive action to all protected characteristics, and to recruitment and promotion * defining relevant types of work to which an equality clause or rule apply * recognising the reduction of pay inequality as a legitimate part of the material factor defence * enabling claims of direct sex discrimination or dual discrimination in relation to contractual pay in the absence of a comparator doing equal work * ensuring that there is greater transparency and dialogue within workplaces about pay * requiring private and voluntary sector employers of 250+ employees to publish information about gender-based pay differences * ensuring licensing authorities cannot refuse licences to wheelchair accessible vehicles on the grounds of controlling taxi numbers * excepting charities benefiting only people of the same age group or with the same disability * allowing exceptions from age discrimination in the provision of services and the exercise of public functions * reforming the law on family property and civil partnerships * ensuring the future harmonisation of the areas of the Act covered by EU law and those that are domestic in origin * making new provisions affecting information society services Equality and Discrimination - The New Law provides a thorough and practical analysis of the new Act, and places it in the context of the old law and suggests how the new law is likely to work in practice. It will be essential reading for all lawyers and professional advisers dealing with employment and discrimination matters, as well as central and local government departments; schools, colleges and universities and their users; private clubs and other associations; and transport providers. The full text of the Act is reproduced in full.
Author: Beth Gaze
Publisher: Cambridge University Press
ISBN: 1107432251
Category : Law
Languages : en
Pages : 361
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Book Description
Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.
Author: David B. Oppenheimer
Publisher: Edward Elgar Publishing
ISBN: 1788979214
Category : Law
Languages : en
Pages : 645
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Book Description
This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.
Author: Lynda A. C. Macdonald
Publisher: CIPD Publishing
ISBN: 9781843980483
Category : Business & Economics
Languages : en
Pages : 260
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Book Description
This work provides an insight into all types of unlawful discrimination in Britain, including the new areas of sexual orientation and religion implemented in December 2003.
Author: Wouter Vandenhole
Publisher: Intersentia nv
ISBN: 9050955002
Category : Actions and defenses
Languages : en
Pages : 308
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Book Description
As part of a larger research project on harmonisation and convergence among UN human rights treaty bodies, scrutinises convergence and divergence, communality, and related issues. Focuses on five Committees: The Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Human Rights Committee (HRC), the International Covenant on Economics, Social and Cultural Rights (CESCR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC).
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
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Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: Stephanie Farrior
Publisher: Routledge
ISBN: 1351568027
Category : Political Science
Languages : en
Pages : 1003
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Book Description
The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.
Author: Warwick Alexander McKean
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 352
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Book Description
History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.
