Author: Rodrigues
Publisher: Martinus Nijhoff Publishers
ISBN: 9004637516
Category : Law
Languages : en
Pages : 465
Book Description
This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.
Non-Discrimination Law: Comparative Perspectives
Author: Rodrigues
Publisher: Martinus Nijhoff Publishers
ISBN: 9004637516
Category : Law
Languages : en
Pages : 465
Book Description
This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004637516
Category : Law
Languages : en
Pages : 465
Book Description
This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.
The Oxford Handbook of the Law of Work
Author:
Publisher: Oxford University Press
ISBN: 0192697579
Category : Law
Languages : en
Pages : 961
Book Description
At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.
Publisher: Oxford University Press
ISBN: 0192697579
Category : Law
Languages : en
Pages : 961
Book Description
At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.
Systemic Discrimination in Employment and the Promotion of Ethnic Equality
Author: Ronald L. Craig
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154620
Category : Political Science
Languages : en
Pages : 347
Book Description
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace. In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154620
Category : Political Science
Languages : en
Pages : 347
Book Description
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace. In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
The European Union as Protector and Promoter of Equality
Author: Thomas Giegerich
Publisher: Springer Nature
ISBN: 3030437647
Category : Law
Languages : en
Pages : 493
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.
Publisher: Springer Nature
ISBN: 3030437647
Category : Law
Languages : en
Pages : 493
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.
Stigma, State Expressions and the Law
Author: Paul Quinn
Publisher: Routledge
ISBN: 1351470566
Category : Law
Languages : en
Pages : 264
Book Description
This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
Publisher: Routledge
ISBN: 1351470566
Category : Law
Languages : en
Pages : 264
Book Description
This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
The Interrelation Between the Right to Identity of Minorities and Their Socio-economic Participation
Author: Kristin Henrard
Publisher: Martinus Nijhoff Publishers
ISBN: 9004244328
Category : Social Science
Languages : en
Pages : 447
Book Description
Drawing on various disciplines and case studies from several corners of the world, this volume offers insights about the breadth and complexity of the (inter)relation between the socio-economic partcipation of minorities and their right to (respect for) identity.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004244328
Category : Social Science
Languages : en
Pages : 447
Book Description
Drawing on various disciplines and case studies from several corners of the world, this volume offers insights about the breadth and complexity of the (inter)relation between the socio-economic partcipation of minorities and their right to (respect for) identity.
Institutional Accommodation and the Citizen
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287167408
Category : Business & Economics
Languages : en
Pages : 332
Book Description
The question of accommodations that institutions and citizens must make to ensure social cohesion in pluralist societies is of concern to the Council of Europe. How will we live and interact together in diversity? It is becoming increasingly important to provide responses and devise innovative frameworks (in the legal sphere, in national education and training in competences and in institutional practice) which can help build a shared vision while at the same time respecting each individual. By comparing European and Canadian responses, among others, the articles featured in this volume explore this complex issue. They contribute to a major social debate and outline a vision of the future that allows us to set aside mutual suspicion and develop institutional arrangements and forms of social interaction capable of making diversity a factor for progress, well-being and social justice. They also remind us that poverty combined with stigmatisation based on identity leads to stasis, social malaise and an increase in security measures, which ultimately prevent societies from evolving through risk taking, shared responsibility, dialogue and consultation.
Publisher: Council of Europe
ISBN: 9789287167408
Category : Business & Economics
Languages : en
Pages : 332
Book Description
The question of accommodations that institutions and citizens must make to ensure social cohesion in pluralist societies is of concern to the Council of Europe. How will we live and interact together in diversity? It is becoming increasingly important to provide responses and devise innovative frameworks (in the legal sphere, in national education and training in competences and in institutional practice) which can help build a shared vision while at the same time respecting each individual. By comparing European and Canadian responses, among others, the articles featured in this volume explore this complex issue. They contribute to a major social debate and outline a vision of the future that allows us to set aside mutual suspicion and develop institutional arrangements and forms of social interaction capable of making diversity a factor for progress, well-being and social justice. They also remind us that poverty combined with stigmatisation based on identity leads to stasis, social malaise and an increase in security measures, which ultimately prevent societies from evolving through risk taking, shared responsibility, dialogue and consultation.
Algorithms for the People
Author: Josh Simons
Publisher: Princeton University Press
ISBN: 0691244006
Category : Computers
Languages : en
Pages : 320
Book Description
How to put democracy at the heart of AI governance Artificial intelligence and machine learning are reshaping our world. Police forces use them to decide where to send police officers, judges to decide whom to release on bail, welfare agencies to decide which children are at risk of abuse, and Facebook and Google to rank content and distribute ads. In these spheres, and many others, powerful prediction tools are changing how decisions are made, narrowing opportunities for the exercise of judgment, empathy, and creativity. In Algorithms for the People, Josh Simons flips the narrative about how we govern these technologies. Instead of examining the impact of technology on democracy, he explores how to put democracy at the heart of AI governance. Drawing on his experience as a research fellow at Harvard University, a visiting research scientist on Facebook’s Responsible AI team, and a policy advisor to the UK’s Labour Party, Simons gets under the hood of predictive technologies, offering an accessible account of how they work, why they matter, and how to regulate the institutions that build and use them. He argues that prediction is political: human choices about how to design and use predictive tools shape their effects. Approaching predictive technologies through the lens of political theory casts new light on how democracies should govern political choices made outside the sphere of representative politics. Showing the connection between technology regulation and democratic reform, Simons argues that we must go beyond conventional theorizing of AI ethics to wrestle with fundamental moral and political questions about how the governance of technology can support the flourishing of democracy.
Publisher: Princeton University Press
ISBN: 0691244006
Category : Computers
Languages : en
Pages : 320
Book Description
How to put democracy at the heart of AI governance Artificial intelligence and machine learning are reshaping our world. Police forces use them to decide where to send police officers, judges to decide whom to release on bail, welfare agencies to decide which children are at risk of abuse, and Facebook and Google to rank content and distribute ads. In these spheres, and many others, powerful prediction tools are changing how decisions are made, narrowing opportunities for the exercise of judgment, empathy, and creativity. In Algorithms for the People, Josh Simons flips the narrative about how we govern these technologies. Instead of examining the impact of technology on democracy, he explores how to put democracy at the heart of AI governance. Drawing on his experience as a research fellow at Harvard University, a visiting research scientist on Facebook’s Responsible AI team, and a policy advisor to the UK’s Labour Party, Simons gets under the hood of predictive technologies, offering an accessible account of how they work, why they matter, and how to regulate the institutions that build and use them. He argues that prediction is political: human choices about how to design and use predictive tools shape their effects. Approaching predictive technologies through the lens of political theory casts new light on how democracies should govern political choices made outside the sphere of representative politics. Showing the connection between technology regulation and democratic reform, Simons argues that we must go beyond conventional theorizing of AI ethics to wrestle with fundamental moral and political questions about how the governance of technology can support the flourishing of democracy.
Reflexive Governance in EU Equality Law
Author: Emma Lantschner
Publisher: Oxford University Press
ISBN: 0192655248
Category : Law
Languages : en
Pages : 480
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.
Publisher: Oxford University Press
ISBN: 0192655248
Category : Law
Languages : en
Pages : 480
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.
Welfare through Work
Author: Mari Miura
Publisher: Cornell University Press
ISBN: 0801465923
Category : History
Languages : en
Pages : 225
Book Description
High economic growth and relatively equitable distribution were among the most conspicuous characteristics of the postwar Japanese political economy. The lure of the Japanese model, however, has faded since the 1990s. Growth is in short supply and equality a thing of the past. In Welfare through Work, Mari Miura looks in depth at Japan's social protection system as a factor in the contemporary malaise of the Japanese political economy. The Japanese social protection system should be understood as a system of "welfare through work," Miura suggests, because employment protection has functionally substituted for income maintenance. A gendered dual system in the labor market allowed a high degree of labor market flexibility, which enabled Japan to achieve high employment rates as well as strong legal protections for regular workers. In recent years, conservatives gradually replaced the productivism and cooperatism that had resulted from earlier party politics with neoliberalism, which, in turn, hampered the effectiveness of the welfare through work system. In Miura's view, the dynamics of partisan competition fostered ideational renewal, just as the political visions and ideologies of the governing party strongly affected the design of the social protection system. In the scenario Miura describes, the partisan dynamics since the 1990s resulted in the policy change that further undermined the social protection system, and the ensuing disruption has been felt throughout Japan.
Publisher: Cornell University Press
ISBN: 0801465923
Category : History
Languages : en
Pages : 225
Book Description
High economic growth and relatively equitable distribution were among the most conspicuous characteristics of the postwar Japanese political economy. The lure of the Japanese model, however, has faded since the 1990s. Growth is in short supply and equality a thing of the past. In Welfare through Work, Mari Miura looks in depth at Japan's social protection system as a factor in the contemporary malaise of the Japanese political economy. The Japanese social protection system should be understood as a system of "welfare through work," Miura suggests, because employment protection has functionally substituted for income maintenance. A gendered dual system in the labor market allowed a high degree of labor market flexibility, which enabled Japan to achieve high employment rates as well as strong legal protections for regular workers. In recent years, conservatives gradually replaced the productivism and cooperatism that had resulted from earlier party politics with neoliberalism, which, in turn, hampered the effectiveness of the welfare through work system. In Miura's view, the dynamics of partisan competition fostered ideational renewal, just as the political visions and ideologies of the governing party strongly affected the design of the social protection system. In the scenario Miura describes, the partisan dynamics since the 1990s resulted in the policy change that further undermined the social protection system, and the ensuing disruption has been felt throughout Japan.