Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law PDF Download
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Author: Marie Mercat-Bruns
Publisher: Springer
ISBN: 3319900684
Category : Law
Languages : en
Pages : 558
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Book Description
This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Author: Marie Mercat-Bruns
Publisher: Springer
ISBN: 3319900684
Category : Law
Languages : en
Pages : 558
Get Book Here
Book Description
This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Author: University of Regina. Canadian Plains Research Center
Publisher: University of Regina Press
ISBN: 9780889771789
Category : History
Languages : en
Pages : 388
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Book Description
This anthology of 19 articles documents the pain & misunderstanding that lesbian, gay, bisexual, & transgendered people have experienced in the very recent past and demonstrates the real progress, both in theory & in practice, that has been made in the struggle for equity & social justice. The articles include autobiography, testament, fiction, poetry, and traditional personal & analytic essays, from authors with different intellectual perspectives: human rights, social reform & human justice, feminist, liberationist, and queer theory.
Author: Colleen Kawalilak
Publisher: Canadian Scholars’ Press
ISBN: 1551306379
Category : Education
Languages : en
Pages : 268
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Book Description
This book provides educators and facilitators with a comprehensive overview of the historical underpinnings and philosophical orientations of adult education and adult learning while attending to the various roles individuals play both within and beyond the formal constraints of the classroom. Positioning learners' and instructors' educational narratives as central to the theories that inform adult education, Pathways of Adult Learning opens up a dialogue among students, educators, community members, scholars, and working professionals about the many possible avenues toward knowledge sharing. Employing a personal, accessible tone, Janet Groen and Colleen Kawalilak take up a relational approach that encourages readers to reflect upon their own experiences as learners within the broadening context of adult education. Conscious of the power imbalances that can emerge in both institutional and professional work and learning environments, this text explores specific teaching and facilitation strategies that effectively generate ideas and accommodate adult learners of varying gender orientations, socio-economic backgrounds, and ethnicities. Through their collaborative analysis of a diverse collection of first-person narratives, provided by both students and scholars working in the field, the authors construct a multi-faceted portrait of the status of adult learning today. Integrating a critical lens to explore how social, cultural, and economic factors influence and shape individual and collective pathways toward lifelong learning, this text is an indispensible guide for anyone studying or facilitating educational programming for adults in diverse work and learning contexts.
Author: Brian J. O'Neill
Publisher: Canadian Scholars’ Press
ISBN: 155130726X
Category : Political Science
Languages : en
Pages : 430
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Book Description
This unique edited collection addresses issues impacting the well-being of LGBTQ individuals with diverse identities to help students, practitioners, educators, and policymakers work with sensitivity and strength in the LGBTQ communities. Edited by three expert LGBTQ scholars, this engaging book offers a multiplicity of perspectives through the works of practitioners, students, and activists. By focusing on intersectionality and its application to social work practice, organizational change, and the pursuit of social justice, this text gives voice to previously silenced members of the LGBTQ community. The contributors of this important collection deepen insight into the diversity of identities within LGBTQ communities and provide many thoughtful recommendations to inform future social work pedagogy, agency policy, and forms of practice in diverse contexts and fields of service. This book is a valuable resource for students in Social Work, Community Medicine, Counselling Psychology, Nursing, Equity Studies, and Gender Studies, as well as anyone engaged in social service work.
Author: Alice Taylor
Publisher: Bloomsbury Publishing
ISBN: 1509952942
Category : Law
Languages : en
Pages : 259
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Book Description
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774840080
Category : Law
Languages : en
Pages : 338
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Book Description
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Author: David Dyzenhaus
Publisher: University of Toronto Press
ISBN: 0802094899
Category : Law
Languages : en
Pages : 1095
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Book Description
Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
Author: Aaron Hughes
Publisher: University of Alberta
ISBN: 1772126322
Category : History
Languages : en
Pages : 282
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Book Description
Revisiting ten notable days from recent history, Aaron W. Hughes invites readers to think about the tensions, events, and personalities that make Canada distinct. These indelible dates interweave to offer an account of the political, social, cultural, and demographic forces that have shaped the modern nation. The diverse episodes include the enactment of the War Measures Act, hockey's Summit Series, the patriation of the Constitution, the Multiculturalism Act, the École Polytechnique Massacre, victories for gay rights, Quebec's second referendum on secession, The Tragically Hip's farewell concert, the Truth and Reconciliation Commission, and ongoing Black equality struggles. Each day represents a window on contemporary Canada, jumpstarting reflection and conversation about who we are as a nation and how we got here. Ten Days That Shaped Modern Canada is the perfect guide for all those curious about the forces that shape our country and about how we understand our place in the world.
Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
ISBN: 1788110609
Category : Law
Languages : en
Pages : 463
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Book Description
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author: Linda C. Reif
Publisher: BRILL
ISBN: 9004273964
Category : Law
Languages : en
Pages : 826
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Book Description
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children’s rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women’s rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
