REDRESSING EVERYDAY DISCRIMINATION THE WEAKNESS AND POTENTIAL OF ANTI DISCRIMINATION LAW

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Redressing Everyday Discrimination

Author : Karla Perez Portilla
ISBN : 9781317421429
Genre : Law
File Size : 21.20 MB
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This book examines the harm that everyday discrimination can cause and proposes ways in which it can be redressed. Extreme forms of harmful expression, such as incitement to hatred, have been significantly addressed in law. Everyday generalised prejudice, negative stereotypes and gross under-representation of disadvantaged groups in mainstream media are, however, widely perceived as ‘normal’, and their criticism is regularly trivialised. In response, this book draws on critical and feminist theory in order to forge a theoretical analysis of the harm created through everyday discrimination. Arguing that anti-discrimination law can and should be extended as a tool to offer protection against the harm inflicted, the book goes on to consider both its limits, and possibilities, for redressing this discriminatory practice.
Category: Law

The Right To Equality In European Human Rights Law

Author : Charilaos Nikolaidis
ISBN : 9781317701385
Genre : Law
File Size : 74.91 MB
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A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Category: Law

International Investment Law And The Right To Regulate

Author : Lone Wandahl Mouyal
ISBN : 9781317408024
Genre : Business & Economics
File Size : 50.50 MB
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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.
Category: Business & Economics

The Fight Against Discrimination And The Promotion Of Equality

Author : European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.4
ISBN : STANFORD:36105132309993
Genre : Civil rights - European Union countries
File Size : 75.51 MB
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Recoge: 1. Elaboration of a conceptual framework - 2. The conceptual framework set against the facts - 3. Principal lessons learned and recommendations.
Category: Civil rights - European Union countries

The War Against Boys

Author : Christina Hoff Sommers
ISBN : 9781501125423
Genre : Education
File Size : 43.24 MB
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An updated and revised edition of the controversial classic--now more relevant than ever--argues that boys are the ones languishing socially and academically, resulting in staggering social and economic costs. Girls and women were once second-class citizens in the nation's schools. Americans responded w ith concerted efforts to give girls and women the attention and assistance that was long overdue. Now, after two major waves of feminism and decades of policy reform, women have made massive strides in education. Today they outperform men in nearly every measure of social, academic, and vocational well-being. Christina Hoff Sommers contends that it's time to take a hard look at present-day realities and recognize that boys need help. Called "provocative and controversial . . . impassioned and articulate" ("The Christian Science M"onitor), this edition of "The War Against Boys" offers a new preface and six radically revised chapters, plus updates on the current status of boys throughout the book. Sommers argues that the problem of male underachievement is persistent and worsening. Among the new topics Sommers tackles: how the war against boys is harming our economic future, and how boy-averse trends such as the decline of recess and zero-tolerance disciplinary policies have turned our schools into hostile environments for boys. As our schools become more feelings-centered, risk-averse, competition-free, and sedentary, they move further and further from the characteristic needs of boys. She offers realistic, achievable solutions to these problems that include boy-friendly pedagogy, character and vocational education, and the choice of single-sex classrooms. "The War Against Boys" is an incisive, rigorous, and heartfelt argument in favor of recognizing and confronting a new reality: boys are languishing in education and the price of continued neglect is economically and socially prohibitive.
Category: Education

Systemic Discrimination In Employment And The Promotion Of Ethnic Equality

Author : Ronald L. Craig
ISBN : 9789004154629
Genre : Political Science
File Size : 54.32 MB
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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.
Category: Political Science

The Law Of Sex Discrimination

Author : Beth Anne Wolfson
ISBN : 9781111785703
Genre : Education
File Size : 79.18 MB
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An honest and informative text on sex discrimination and the law, THE LAW OF SEX DISCRIMINATION approaches the idea of using law to analyze sex discrimination from a variety of contexts: as an occasion for ideological disputes, as a reflection of contemporary policy debates over the future direction of society, and as part of the historical development of -- and response to -- feminism. Fully updated for 21st century, this flexibly organized text examines topics that range from reproductive rights to global trends in gender law, and includes appendices that deal with the court system, a brief discussion of how to outline cases, and a glossary of legal and technical terms. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Category: Education

Sex Discrimination In Uncertain Times

Author : Margaret Thornton
ISBN : 9781921666766
Genre : Sex discrimination
File Size : 36.68 MB
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This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.
Category: Sex discrimination

The Un Convention On The Elimination Of All Forms Of Racial Discrimination

Author : Natan Lerner
ISBN : 9789004279926
Genre : Political Science
File Size : 21.74 MB
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The universal feeling that discrimination and intolerance based on race. religion or beliefs have to be confronted by the international community led to the adoption, half a century ago, of the international convention to which this book is devoted, one of the most ratified treaties. The book comments on the contents of the Convention and its impact on anti-racist and anti-bias legislation and jurisprudence, as well as its influence on, and applicability to other international texts. In an Introduction to this expanded and edited reprint, the author updates the status of the Convention, summarizes the work of CERD, the implementation body of the Convention, and discusses its relevance to general human rights, particularly the area of religious intolerance, and some difficult issues such as the possible clash with other fundamental freedoms.
Category: Political Science

No Redress

Author : Martin J. D. Hill
ISBN : 1907919007
Genre : Minorities
File Size : 64.35 MB
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This report documents the neglected situation of Somalia's minorities. It aims to raise awareness of the continuing severe violations of their human rights, so that they can move from exclusion and poverty towards a future of dignity, equal opportunities and non-discrimination alongside their fellow citizens. The report examines the current situation in three regions of Somalia -- Somaliland, Puntland and south-central Somalia -- where differing political climates have left minorities in a state of desperation. Severe human rights violations against internally displaced minorities, particularly women, were reported to MRG's researchers in Puntland. Accounts of hate speech, displacement and religious persecution, particularly of Christians, emerged in the violent south-central region of the country, where militant organization al-Shabaab controls much of the territory. Meanwhile, in the relatively peaceful self-declared Republic of Somaliland in north-western Somalia, minorities still face significant barriers in the political, educational and social spheres.
Category: Minorities