EU Anti-Discrimination Law Beyond Gender

EU Anti-Discrimination Law Beyond Gender PDF Author: Uladzislau Belavusau
Publisher: Bloomsbury Publishing
ISBN: 1509915028
Category : Law
Languages : en
Pages : 599

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Book Description
The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

EU Anti-Discrimination Law Beyond Gender

EU Anti-Discrimination Law Beyond Gender PDF Author: Uladzislau Belavusau
Publisher: Bloomsbury Publishing
ISBN: 1509915001
Category : Law
Languages : en
Pages : 393

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Book Description
The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

European Union Non-Discrimination Law and Intersectionality

European Union Non-Discrimination Law and Intersectionality PDF Author: Anna Lawson
Publisher: Routledge
ISBN: 1317139216
Category : Law
Languages : en
Pages : 340

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Book Description
This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

European Union Non-Discrimination Law

European Union Non-Discrimination Law PDF Author: Dagmar Schiek
Publisher: Routledge
ISBN: 1134049315
Category : Law
Languages : en
Pages : 623

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Book Description
EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.

EU Non-Discrimination Law in the Courts

EU Non-Discrimination Law in the Courts PDF Author: Jule Mulder
Publisher: Bloomsbury Publishing
ISBN: 1509906215
Category : Law
Languages : en
Pages : 345

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Book Description
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.

EU Non-discrimination Law in the Courts

EU Non-discrimination Law in the Courts PDF Author: Jule Mulder
Publisher:
ISBN: 9781509906222
Category : Sex discrimination
Languages : en
Pages :

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Book Description


Equality and Non-Discrimination in the EU

Equality and Non-Discrimination in the EU PDF Author: Giovanni Zaccaroni
Publisher: Edward Elgar Publishing
ISBN: 1789904609
Category : Law
Languages : en
Pages : 232

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Book Description
Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.

EU Anti-Discrimination Law

EU Anti-Discrimination Law PDF Author: Evelyn Ellis
Publisher: Oxford University Press, USA
ISBN: 0199698465
Category : Law
Languages : en
Pages : 570

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Book Description
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.

The European Union as Protector and Promoter of Equality

The European Union as Protector and Promoter of Equality PDF Author: Thomas Giegerich
Publisher: Springer Nature
ISBN: 3030437647
Category : Law
Languages : en
Pages : 493

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Book Description
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

Gender Politics in the Expanding European Union

Gender Politics in the Expanding European Union PDF Author: Silke Roth
Publisher: Berghahn Books
ISBN: 9781845455163
Category : History
Languages : en
Pages : 290

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Book Description
In May 2004, after bringing their legislation into accordance with EU regulations, ten more countries joined the European Union. The contributors to this volume assess the impact of this historical development on gender relations in the new and old EU member states. Instead of focusing on either western or eastern Europe, this book investigates the similarities and differences in diverse parts of Europe. Although initially limited, gender equality was part of the original framework of the European Union, an organization often more open than national governments to feminist demands, as this volume illustrates with case studies from eastern and western Europe. The enlargement process thus provides some important policy instruments for increasing equality between men and women.

Anti-Gender Campaigns in Europe

Anti-Gender Campaigns in Europe PDF Author: Roman Kuhar
Publisher: Rowman & Littlefield
ISBN: 1786600013
Category : Political Science
Languages : en
Pages : 302

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Book Description
This edited collection offers a transnational and comparative approach to understanding anti-gender mobilizations in Europe.