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Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287127143
Category : Political Science
Languages : en
Pages : 204
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Book Description
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287127143
Category : Political Science
Languages : en
Pages : 204
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Book Description
Author: Eric Heinze
Publisher: Routledge
ISBN: 1351770144
Category : Law
Languages : en
Pages : 152
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Book Description
This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
Author: Martha Minow
Publisher: Cornell University Press
ISBN: 1501705091
Category : Law
Languages : en
Pages : 420
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Book Description
Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,
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: Titia Loenen
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041110633
Category : Political Science
Languages : en
Pages : 470
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Book Description
Equity law, John Hucker.
Author: American Dental Association
Publisher: American Dental Association
ISBN: 1941807712
Category : Medical
Languages : en
Pages : 60
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Book Description
Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.
Author: Jody Heymann
Publisher: Univ of California Press
ISBN: 0520973879
Category : Political Science
Languages : en
Pages : 416
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Book Description
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.
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.
Author: Talia Naamat
Publisher: BRILL
ISBN: 9004227636
Category : Law
Languages : en
Pages : 778
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Book Description
Legislating for Equality – a Multinational Collection of Non-Discrimination Norms is a compilation of national constitutional provisions and laws on non-discrimination and the promotion of equality. The aim of the book, divided into four volumes, is to provide a comprehensive overview of the legal frameworks of all UN Member States on matters relating to discrimination on the basis of race, religion and ethnicity, prohibition of hate crimes and "hate speech". Each volume also includes relevant international and regional treaties and ratification tables. The first volume on Europe was published in August 2012. The second volume on the Americas was published in 2013, and the third volume on Africa was published in 2016. In this final volume of the series, we turn our attention to Asia and Oceania.
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.
