The Implications of the Racial Equality Directive for Minority Protection Within the European Union PDF Download
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Author: Martine Jacoba Busstra
Publisher:
ISBN: 9789077596852
Category :
Languages : en
Pages : 424
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Book Description
Author: Martine Jacoba Busstra
Publisher:
ISBN: 9789077596852
Category :
Languages : en
Pages : 424
Get Book Here
Book Description
Author: Marjolein J. Busstra
Publisher: Eleven International Publishing
ISBN: 9789077596968
Category : Minorities
Languages : en
Pages : 0
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Book Description
This book examines the substantive provisions of the Racial Equality Directive for Minority Protection (RED) and their implementation in four EU Member States (Belgium, Estonia, Hungary, and the Netherlands). The book follows the structure of the RED and consists of six substantive chapters, each of which corresponds with one aspect of the substantive section of the RED. Each chapter is divided into a theoretical part examining whether RED offers effective mechanisms for minority protection, as well as a practical part covering national case studies. The book concludes that the RED offers a range of possibilities to establish an inclusive and effective anti-discrimination regime on the national level and presents recommendations to make the RED more effective. The case study section of each chapter contains an overview of the way in which each of these four Member States has implemented the RED provisions. The study shows that the RED has a clear impact at the national level and has undeniably a converging effect, by producing, to a considerable extent, similar terms and concepts in national anti-discrimination law. It gives suggestions for improvement at the national level to further enhance minority protection, and it will be of interest to academics and professionals in the field of human rights, political science, and constitutional rights.
Author: Erica Howard
Publisher: Routledge
ISBN: 1135235775
Category : Law
Languages : en
Pages : 254
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Book Description
In 2000, the European Union adopted a Directive against discrimination on the grounds of racial or ethnic origin. This book provides an in-depth evaluation of the Race Directive and its effects, questioning how successful the Race directive has been. The EU Race Directive discusses the history of the fight against racial discrimination in the EU and the equality clauses in international Human Rights instruments. It then examines the terms race, racism and racial discrimination and equality in the Directive. The book also looks at the concepts of equality which can be distinguished in the Race Directive and in the subsequent developments at EU level. Examining whether the Directive has improved the protection against racial or ethnic origin discrimination for people within the EU, the book concludes with an assessment of how far the EU has come on the road to racial equality with the adoption of the Race Directive and the subsequent developments. It also contains proposals for possible improvements. The comprehensive and up-to-date analysis in this book goes beyond most other books written on the subject and the specific focus on racism and racial discrimination means a more thorough examination than most texts focusing on discrimination on a larger number of grounds. This book will be of great value to students and academics in (European) law, social sciences and human rights, researching racism, racial discrimination, ethnicity and race relations. It will also be useful for policy makers.
Author: Jan Niessen
Publisher: BRILL
ISBN: 9047413172
Category : Law
Languages : en
Pages : 318
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Book Description
Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result.
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.
Author: Timo Makkonen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217061
Category : Law
Languages : en
Pages : 454
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Book Description
An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.
Author: Tawhida Ahmed
Publisher: Bloomsbury Publishing
ISBN: 1847316174
Category : Law
Languages : en
Pages : 246
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Book Description
This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
Author: Mónika Ambrus
Publisher:
ISBN: 9789077596944
Category : Minorities
Languages : en
Pages : 0
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Book Description
Unlike EU legislation in general, the Racial Equality Directive (RED) for Minority Protection includes several enforcement-related rules in addition to the substantive provisions. This book examines the interpretation of the enforcement provisions of the RED, examines the implementation of these provisions in four Member States (Belgium, Estonia, Hungary and the Netherlands), and sets out the implication of the enforcement provisions for minority protection. It concludes that neither the European Court of Justice nor the four Member States have fully realized the potential of the RED enforcement mechanisms. Moreover the RED itself missed some opportunities to guarantee the effective enforcement of the right to equal treatment on the grounds of racial or ethnic origin. Nevertheless, important steps have been taken to make the enforcement of the right to equal treatment as effective as possible by taking the perspective of the victim into account, thus contributing to an enhanced level of minority protection. In addition to providing a solid theoretical basis concerning the enforcement mechanisms of the RED, this book also serves as a handbook for practitioners, supporting their everyday work in the interpretation and application of the national equal treatment legislation. This book will be of interest to academics and practitioners in human rights, political science, and constitutional rights.
Author: Mathias Möschel
Publisher: Routledge
ISBN: 1135749477
Category : Social Science
Languages : en
Pages : 157
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Book Description
The member states of the EU have only very recently begun to consider race and racism in the framework of equality legislation and policies. As opposed to an established Anglo-Saxon tradition of naming races and using racial categorisation to fight racism, most continental European countries resist this approach. This book investigates the problematic reception and elaboration of race as a socio-legal category in Europe. Fighting Discrimination in Europe takes a fresh and interdisciplinary look at the normative, theoretical and concrete problems raised by the challenge of devising and enforcing policies to combat race discrimination in Europe. It engages with the juridical and political spheres, from the international level down to concrete cases of state and city policies. As the multifaceted relationship between race, discrimination and immigration is explored, new normative positions and practical approaches are developed, and new questions raised. This collection presents important new research for academics, researchers, and advanced students of Ethnic Studies, Migration Studies, Legal Studies, Sociology, Anthropology, and Policy Studies. This book was originally published as a special issue of Ethnic and Racial Studies.
Author:
Publisher:
ISBN: 9789279660849
Category :
Languages : en
Pages :
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Book Description
In the European Union, discrimination based on racial and ethnic origin in the fields of employment, social protection, including social security and healthcare; social advantages, education and access to and supply of goods available to the public including housing is prohibited pursuant to the Racial Equality Directive (RED), which was adopted in 2000. The Charter of Fundamental Rights of the EU prohibits discrimination based - among other grounds - on race and ethnic origin (Article 21). The Council Framework Decision of 2008 sets out to combat certain forms and expressions of racism and xenophobia by means of criminal law. However, European law does not define these grounds. International and national law uses various terms in reference to racial and ethnic origin. The European Convention on human rights and fundamental freedoms (ECHR) prohibits discrimination based - among other grounds - on race, colour, language, religion, national or social origin and association with a national minority. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) prohibits racial discrimination, defining it as any distinction based on race, colour, descent, national or ethnic origin. All Member States have signed and ratified the ECHR and ICERD. Various international and national courts have interpreted ethnic origin broadly and national laws often define and list recognised ethnic minorities. Following the adoption and transposition of the RED, racial and ethnic minorities are now protected by anti-discrimination legislation across the Member States. The focus has turned to implementation and monitoring and in turn the need has arisen for data on (in)equalities based on racial and ethnic origin. Such data is essential to measure the level of implementation and monitor the impact of policies, but there are serious shortcomings as to data regarding the situation of racial and ethnic minorities. The common response in the country reports drafted for this project is that information is not collected on the grounds such as colour or racial origin. Data on ethnic origin and religion are collected on the basis of self-identification.
