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Author: Erica Howard
Publisher: Taylor & Francis
ISBN: 1003807992
Category : Law
Languages : en
Pages : 189
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Book Description
This book contains an in-depth examination of the Islamic headscarf cases of the Court of Justice of the European Union (CJEU) and places these against the background of the Islamophobia existing across Europe. It assesses how EU law can best protect women who want to wear headscarves at work for religious reasons and why this protection is important not only for the women themselves but also for the EU, taking into account its values as laid down in the Treaties, the Charter of Fundamental Rights of the EU and in the anti-discrimination Directives. It puts forward arguments for a finding that workplace neutrality bans constitute direct religion or belief discrimination and examines the way that the justification test for indirect discrimination has been applied by the CJEU. The work suggests that such bans could be more successfully challenged as gender and/or racial or ethnic origin discrimination, because the protection against these forms of discrimination is stronger. It also suggests that a claim for intersectional discrimination – on the grounds of gender, racial and ethnic origin, and religion or belief – should be possible in EU anti-discrimination law. The book will be of interest to academics, researchers and policy-makers working in the areas of equality and non-discrimination law, EU law and law and religion.
Author: Erica Howard
Publisher: Taylor & Francis
ISBN: 1003807992
Category : Law
Languages : en
Pages : 189
Get Book Here
Book Description
This book contains an in-depth examination of the Islamic headscarf cases of the Court of Justice of the European Union (CJEU) and places these against the background of the Islamophobia existing across Europe. It assesses how EU law can best protect women who want to wear headscarves at work for religious reasons and why this protection is important not only for the women themselves but also for the EU, taking into account its values as laid down in the Treaties, the Charter of Fundamental Rights of the EU and in the anti-discrimination Directives. It puts forward arguments for a finding that workplace neutrality bans constitute direct religion or belief discrimination and examines the way that the justification test for indirect discrimination has been applied by the CJEU. The work suggests that such bans could be more successfully challenged as gender and/or racial or ethnic origin discrimination, because the protection against these forms of discrimination is stronger. It also suggests that a claim for intersectional discrimination – on the grounds of gender, racial and ethnic origin, and religion or belief – should be possible in EU anti-discrimination law. The book will be of interest to academics, researchers and policy-makers working in the areas of equality and non-discrimination law, EU law and law and religion.
Author: Shreya Atrey
Publisher:
ISBN: 0198848951
Category : Law
Languages : en
Pages : 257
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Book Description
This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberle Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 0470674393
Category : Philosophy
Languages : en
Pages : 630
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Book Description
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
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.
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.
Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562
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Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author: Erika C Collins
Publisher: Law Business Research Ltd.
ISBN: 1912377683
Category :
Languages : en
Pages : 1263
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Book Description
The Employment Law Review, edited by Erika C Collins of Proskauer Rose LLP, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. As well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals. Other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. Contributors include: Els de Wind, Van Doorne; Annie Elfassi, Loyens Loeff. "e;Excellent publication, very helpful in my day to day work."e; - Mr Frederic Thoral, Head of HR, BNP Paribas"e;Excellent coverage and detail on each country is brilliant."e; - Mr Raani Costelloe, General manager of Legal and Business Affairs, Sony music Entertainment, Australia"e;An excellent resource for in-house counsel for a company with an international footprint."e; - Mr John R Pendergast, Senior Counsel, BASF Corporation, USA"e;It's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - Oran Kiazim, Vice President, Global Privacy, SterlingBackcheck, UK
Author: Philipp Dann
Publisher: Edward Elgar Publishing
ISBN: 178990157X
Category : Law
Languages : en
Pages : 317
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Book Description
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
Author: Alexander Somek
Publisher: Oxford University Press, USA
ISBN: 0199693374
Category : Law
Languages : en
Pages : 234
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Book Description
Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.
Author: Erica Howard
Publisher:
ISBN: 9780415859653
Category : Christian art and symbolism
Languages : en
Pages : 0
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Book Description
Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual's human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.
