Journal articles on the topic 'Discrimination – Law and legislation – France'
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1
Guillaume, Cécile, Sophie Pochic, and Vincent-Arnaud Chappe. "The promises and pitfalls of collective bargaining for ending the victimization of trade union activists: Lessons from France." Economic and Industrial Democracy 39, no. 3 (April 6, 2016): 536–57. http://dx.doi.org/10.1177/0143831x16639657.
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The broadening of the anti-discrimination legislation and the growing use of litigation have put pressure on organizations to respond to the law by elaborating formal rules and, in the case of France, negotiating collective agreements on union rights. This article addresses the issue of union victimization by investigating the various organizational responses to anti-discrimination law. By focusing on in-depth case studies over a long period of time, it offers new insights into the processes whereby law is internalized and how they interact with litigation over time, and also highlights the active, contested and changing role of HR professionals and trade unionists in the shaping of organizational responses.
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Mishiba, Takenori. "Workplace Mental Health Law: Perspectives Based on a Comparative Analysis of Legislation in Seven Countries." International Journal of Comparative Labour Law and Industrial Relations 38, Issue 1 (March 1, 2022): 53–86. http://dx.doi.org/10.54648/ijcl2022003.
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This article summarizes the outcome of a comparative legal analysis conducted in seven countries (UK, Denmark, the Netherlands, France, Germany, US, and Japan) to obtain practical and theoretical insights into prevention and appropriate responses to the increasing issues around mental health in the workplace. The author worked closely with experts in a wide range of fields, including psychiatry, occupational medicine, business administration, human resources management, and sociology to characterize the issue and identify effective approaches from a legal perspective. Based on the findings, this article emphasizes the importance of ensuring procedural rationality and establishing a ‘circle of responsibility’ among the relevant parties. Workplace Mental Health, Psycho-Social Risks, Labour Law, Disability Discrimination Act, Organizational Psychology, Stress-Check System
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Körner, Marita. "German Labor Law in Transition." German Law Journal 6, no. 4 (April 1, 2005): 805–15. http://dx.doi.org/10.1017/s2071832200013936.
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For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).
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Mendzhul, M. "Freedom of treaty and its limits: compliance of Ukrainian civil legislation with European approaches." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 114–17. http://dx.doi.org/10.24144/2307-3322.2021.69.19.
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The article presents the results of the analysis of the compliance of the civil legislation of Ukraine with the European approaches to guaranteeing the freedom of contract and its restrictions. The normative consolidation of freedom of contract in European countries (France, Germany, Slovakia, Poland, and Romania) has been studied. It was found that in European countries the freedom of contract is limited in order to maintain public order, good morals, protection of certain categories of contractors (consumers). In France, the current version of Article 1102 of the Civil Code stipulates that everyone is free to conclude a contract, choose contractors, determine the content and form of the contract, but within the limits established by law. It is established that in Germany the freedom of contract is limited by the requirements of the law, the prohibition of illegality, immorality, as well as the need to protect consumer rights.
An analysis of Slovakia's civil law found that the expansion of the substantive content of the principle of freedom of contract was influenced by the case law of the Constitutional Court. In Romania, as in Ukraine, a separate article is devoted to the freedom of contract and the disclosure of its content in the Civil Code. The compliance of the Ukrainian legislation on freedom of contract with the DCFR is analyzed.
The position of European scholars on the impact of the principle in dubio pro libertate on contractual freedom and its restrictions, as well as the views of domestic scholars on the principle of freedom of contract.
It is substantiated that in general both scientific positions and legislative provisions of the Central Committee of Ukraine on the formulation of freedom of contract correspond to the European approach to maximum freedom and application of only lawful and proportionate restrictions guaranteeing fairness and non-discrimination, protection of weaker counterparties (consumers) interests. It is proposed to understand the limits of freedom of contract provided by the CC or other act of civil legislation of Ukraine legal, reasonable, fair and proportionate framework that restricts the freedom of action of the parties to the contract to ensure the balance of public and private interests.
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Bévière, Bénédicte, and Anne-Marie Duguet. "Access to Health Care for Illegal Immigrants: A Specific Organisation in France." European Journal of Health Law 18, no. 1 (2011): 27–35. http://dx.doi.org/10.1163/157180911x551899.
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AbstractHealth care is a fundamental human right in Europe, and all Member States recognise everyone’s right to the access to preventive healthcare and to receive medical care in the event of sickness or pregnancy. Nevertheless, this right is focused on citizens and the application to migrants, particularly undocumented migrants, varies widely in the EU. The French legislation is organized with a humanitarian approach. In this article, the authors present the French system of social protection, the “Couverture médicale universelle” or CMU, which provides the same protection to asylum seekers and documented immigrants as to nationals, and the “Aide médicale d’état” or AME, that is open to every person who does not fulfil the legal conditions to obtain the CMU, such as illegal immigrants. Created in 1995, recently access to the AME has been restricted. A claim of discrimination has been rejected by the Conseil d’Etat and 215 000 persons received the AME in 2009. The expenses incurred by the AME increased by 17% in 2010, and there is a debate in Parliament to limit care and to ask the recipient for a financial contribution.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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Hasanaj, Shkelzen. "Europeanization through Migration Policies: Legislative Comparison between Civil Law Systems and Common Law Systems." Academic Journal of Interdisciplinary Studies 7, no. 2 (July 1, 2018): 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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Gal-Or, Noemi. "Is the Law Empowering or Patronizing Women? The Dilemma in the French Burqa Decision as the Tip of the Secular Law Iceberg." Religion & Human Rights 6, no. 3 (March 10, 2011): 315–33. http://dx.doi.org/10.1163/187103211x592604.
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The article analyses a French seminal legal award which served as a stepping stone in the recent French debate concerning the legislation banning women from wearing the Burqa headscarf in public. Under this wording—Burqa—a special style of the hijab—a scarf donned by Muslim women—is being targeted. It represents a more extreme form of covering: The Burqa is worn by the Pashtun women of Pakistan and in Afghanistan and covers the body from head to toes in a continuous piece of fabric, whereas the veil banned in France also includes the niqab which may or may not cover the entire body, and allows visibility of the eyes but not the entire face. In the relevant debate, gender equality has been the banner hoisted by court and parliamentarians purporting to protect women against the unsettling impact of the Burqa. This article represents a critical study of this claim. The article describes and analyses the ambivalent tenor of the Burqa Decision and arrives at two main conclusions. First, having distinguished two key values addressed (directly and indirectly) by the Conseil d’État—equality and freedom—the article concludes that although hailed as defying gender discrimination, the judgment must also be construed as contributing to inequality among women. The award remains just as unclear in regards to the protection of freedom of religious expression suggesting that women equality offers only one among other explanations for this ruling. Second, the article’s analysis applies several feminist approaches to the Burqa Decision and finds that the pluralist feminist discourse results in different and inconsistent potential resolutions to the case. The upshot is that the Burqa Decision, which was taken as a strong condemnation of a practise said to be symbolising the subjugation of the female to male domination, was confirming a view espoused largely by Western secular women. In doing so, and given the approval by France’s mainstream society, the award appears to have empowered this particular segment in the female population. At the same time however, the tribunal also stated the obvious namely, that gender equality has been serving as a powerful tool in the adjudicative struggle between secularism and religion. While women’s struggle for gender equality, especially in politics and the economy, has been protracted and not yet fully achieved, the comparatively brief and hurried commitment to gender equality at the intersection of religion and secularism, suggest that gender equality was not the only priority on the adjudicator’s mind, hence is not necessarily the ultimate winner of this award.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Mendzhul, M. V. "Progress towards equality in the practice of the ECTHR and the partnership agreement in de facto alliances." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 171–75. http://dx.doi.org/10.24144/2307-3322.2021.66.45.
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The article examines the progress towards equality in the practice of the ECtHR and its significant impact on the partnership agreement in de facto alliances. It has been established that over the last thirty-five years, the approaches of the European Court of Human Rights to the issue of the right of same-sex partners to family life and its formal recognition have undergone significant changes. It was found that the issue of discrimination was the subject of a number of cases concerning various rights of homosexual unions.
It is substantiated that in the aspect of the right to formal recognition of same-sex partnerships by the state, the decision of the European Court of Human Rights in the case “Oliari and others v. Italy ». It was found that despite many years of case law of the European Court of Human Rights and the provisions of Council Regulation № 2016/1104, not all EU countries have provided legal certainty for same-sex couples, even in the form of civil partnerships (namely, Slovakia, Poland, Romania, Bulgaria, Latvia and Lithuania).
The French experience of regulating the procedure for concluding, essential conditions of a partnership agreement, as well as the procedure for its termination is studied.
It is substantiated that taking into account the European integration processes in Ukraine, reforming its private law according to European standards, our state, given the principle of equality and positive obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms should guarantee partners in de facto unions sex legal certainty. In our opinion, it is optimal to amend the Central Committee of Ukraine and grant the right to conclude civil partnership agreements to persons regardless of the article. At the same time, the IC of Ukraine must maintain a heteronomous approach, ie guarantee the right to marry persons of the opposite sex, which fully complies with Art. 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Given that a partnership agreement can be an effective legal regulator of relations between individuals in de facto unions, it is worth borrowing the positive experience of France in improving Ukrainian legislation.
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Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 13, Issue 2 (June 1, 2004): 82–83. http://dx.doi.org/10.54648/ecta2004019.
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Chaulin, Vincent. "Legislation: France." EC Tax Review 8, Issue 4 (December 1, 1999): 271–72. http://dx.doi.org/10.54648/ecta1999066.
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Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 13, Issue 1 (April 1, 2004): 33. http://dx.doi.org/10.54648/ecta2004007.
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Reeb-Blanluet, Sonia. "Legislation: France." EC Tax Review 12, Issue 2 (June 1, 2003): 115. http://dx.doi.org/10.54648/ecta2003023.
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Thornton, Margaret. "Domesticating Disability Discrimination." International Journal of Discrimination and the Law 2, no. 3 (March 1997): 183–98. http://dx.doi.org/10.1177/135822919700200303.
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This paper presents a brief overview of disability discrimination legislation in Australia over the last two decades. The documentation of the Australian experience may he of interest to jurisdictions contemplating such legislation. Although a raised social consciousness concerning disability has engendered remedial and prophylactic developments a simple progressivist thesis has to he rejected because antidiscrimination legislation is also sensitive to less positive social moods. Despite the appearance of sophisticated models of legislation during the last decade, die conservative political mood of the 1990s has seen a growing ambivalence about the extent of support for progressive social measures, mirroring trends in other pails of the world. The ambivalence subtly ensures that a line of demarcation between the norm and the ‘other’ remains.
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Errera, Roger. "France: Recent developments in anti‐Nazi and anti‐discrimination legislation." Patterns of Prejudice 23, no. 1 (March 1989): 47–49. http://dx.doi.org/10.1080/0031322x.1989.9969993.
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Feldman, David. "PROPORTIONALITY AND DISCRIMINATION IN ANTI-TERRORISM LEGISLATION." Cambridge Law Journal 64, no. 2 (July 7, 2005): 271–73. http://dx.doi.org/10.1017/s0008197305226867.
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Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.
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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’
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Hamilton, Jennifer. "‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 203–45. http://dx.doi.org/10.1177/135822910000400302.
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Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.
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Campbell, Tom D. "Mental Health Law: Institutionalised Discrimination." Australian & New Zealand Journal of Psychiatry 28, no. 4 (December 1994): 554–59. http://dx.doi.org/10.1080/00048679409080778.
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The aim of the paper is to propose that special mental health laws be replaced by generic protection and prevention legislation. The arguments used for the detention and compulsory treatment of persons with mental illnesses are analysed, and found not to justify protection and prevention rules which apply only to persons with mental illnesses. Two separate systems of legal intervention should be established to deal with (1) all persons in need of compulsory care and (2) all persons who require to be detained for the prevention of harm to others.
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BARROW, Amy. "Sexual Orientation, Gender Identity, and Equality in Hong Kong: Rights, Resistance, and Possibilities for Reform." Asian Journal of Comparative Law 15, no. 1 (March 23, 2020): 126–55. http://dx.doi.org/10.1017/asjcl.2020.2.
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AbstractThis article explores the implications of an absence of anti-discrimination legislation on the grounds of sexual orientation and gender identity (SOGI) in Hong Kong. Strategic litigation has played an important role in securing legal protections for the Lesbian, Gay, Bisexual, and Transgender (LGBT) community in the face of resistance from the Hong Kong Special Administrative Region (HKSAR) government, as well as religious and parental concern groups. Despite a growing body of evidence which outlines the self-reported daily discrimination experienced by LGBT individuals, the HKSAR government has resisted calls to adopt anti-discrimination legislation on the grounds of SOGI, focusing instead on self-regulation and education. Grounded in qualitative research interviews examining the feasibility of adopting anti-discrimination legislation on the grounds of SOGI in Hong Kong, this article explores the current legal landscape for LGBT rights, resistance, and possibilities for reform.
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Ponomareva, Daria, and Aleksey Kubyshkin. "Genetic discrimination in foreign legislation and law-enforcement practice." SHS Web of Conferences 134 (2022): 00071. http://dx.doi.org/10.1051/shsconf/202213400071.
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The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system
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Chan, Phil C. W. "National Origin Discrimination and Race Anti-Discrimination Legislation in Hong Kong." International Journal of Human Rights 12, no. 5 (December 2008): 837–56. http://dx.doi.org/10.1080/13642980802396911.
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Thornton, Margaret. "Equality and Anti-Discrimination Legislation: An Uneasy Relationship." Law in Context. A Socio-legal Journal 37, no. 2 (August 28, 2021): 12–26. http://dx.doi.org/10.26826/law-in-context.v37i2.149.
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Despite the rhetoric of equality that infuses anti-discrimination legislation, a close analysis reveals that it is in-equality that is invariably privileged. With reference to the Australian example, this introductory article will show how the paradox is played out at multiple sites in terms of both form and substance, such as through the individualism and confidentiality of the complaint-based mechanism. A striking exclusion from the legislation is the attribute of class, the most significant manifestation of social inequality, which remains ineffable even when it significantly shapes other attributes. The prevailing political backdrop of neoliberalism plays a significant role in promoting inequality through competition policy and profit maximisation. Powerful corporations not only endeavour to resist transparency, but they also tend to oppose proactive measures in favour of substantive equality. The contradictions of anti-discrimination legislation thereby sustain in-equality while simultaneously espousing the rhetoric of equality.
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Lurie, Lilach. "Should Age Discrimination Be an Integral Part of Employment Discrimination Law?" Theoretical Inquiries in Law 21, no. 1 (February 26, 2020): 103–38. http://dx.doi.org/10.1515/til-2020-0006.
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AbstractThis Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter promote a universal approach to age discrimination. The current Article explores the theoretical justifications for either a particularistic or a universal approach to age discrimination. Additionally, it enriches its theoretical discussion by taking and presenting a snapshot of current litigation in Israel – a country that has adopted a universal approach to age discrimination.
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Kashkarov, A. A., and A. A. Kashkarov. "CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 147–51. http://dx.doi.org/10.37279/2413-1733-2021-7-2-147-151.
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The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
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Bernard, Nicolas. "Discrimination and Free Movement in EC Law." International and Comparative Law Quarterly 45, no. 1 (January 1996): 82–108. http://dx.doi.org/10.1017/s0020589300058668.
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Fundamental issues sometimes hide themselves behind what to an untrained eye might look like a technical and somewhat dry debate. Thus, a layman hearing Community lawyers' talk about the legal basis of legislation might be excused for not realising that the issue may be that of the role of the European Parliament in the European Union, and therefore the democratic legitimacy of the EU institutions. The debate about the function of the concept of discrimination in the law on the free movement of goods, services and persons in the Community is one of those discussions which has more to offer than meets the eye. What the debate is really about is the balance of powers between the member States and the Community and the federal nature of the Community legal order as well as, incidentally, the balance between market principles and other values embodied in legislation. Translated by specialists in the free movement of goods in the Community, it has become, in the context of Article 30 of the Treaty: should we read a “rule of reason” within Article 30, or can Cassis de Dijon be explained in terms of indirect discrimination?
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Corby, Susan, Laura William, and Sarah Richard. "Combatting disability discrimination: A comparison of France and Great Britain." European Journal of Industrial Relations 25, no. 1 (March 5, 2018): 41–56. http://dx.doi.org/10.1177/0959680118759169.
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This article examines disabled people’s employment in Great Britain and France. In both countries, they are far less likely to be employed than non-disabled people, but the gap is wider in Britain than in France. Possible explanations for the wider gap in Britain include weak enforcement mechanisms, judicial resistance and the lack of an institutional role for trade unions, resulting in an implementation gap; while the narrower gap in France may reflect the more proactive legislation, including its quota-levy scheme. We conclude that these explanations are not mutually exclusive, and we suggest that Britain might consider adopting some French provisions, thus tempering its voluntarist approach.
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Hill, Daniel J. "Is Sexual-Orientation Discrimination a Form of Sex Discrimination?" Liverpool Law Review 41, no. 3 (September 5, 2020): 357–86. http://dx.doi.org/10.1007/s10991-020-09257-w.
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Abstract In Bostock v Clayton County (2020) Gorsuch J holds that direct discrimination because of sexual orientation is a form of direct discrimination because of sex. I argue that the same is true under the Equality Act 2010. I consider the arguments of (Finnis, in: Finnis (ed) Intention and identity: collected essays, Oxford University Press, Oxford, 2011) and (Gardner in Oxf J Leg Stud 18(1):167–187, 1998) that “because of”, “on grounds of”, and similar phrases in UK discrimination legislation invoke the state of mind of the discriminator. I apply this point to Bull and Bull v Hall and Preddy [2013] arguing that (i) the UK Supreme Court was wrong to find direct discrimination on grounds of sexual orientation, while, (ii), nevertheless, under the Equality Act 2010, that case and similar cases actually involve direct discrimination because of sex, not because of sexual orientation. I conclude by considering some objections, precedents, and implications.
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McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.
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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
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Schmidt, Marlene, and Olga Rymkevich. "Editorial." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 535–36. http://dx.doi.org/10.54648/ijcl2005025.
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Anti-discrimination legislation and case law dealing with employment discrimination are among the most topical labour law issues in Europe. As a result, The International Journal for Comparative Labour Law and Industrial Relations has received so many manuscripts on questions related to employment discrimination that we have decided to dedicate a complete issue to this matter. One reason why employment discrimination is such a hot topic is the fact that in recent years extensive EC legislation proscribing employment discrimination has been passed: Directive 2000/43/EC prohibiting discrimination on grounds of race and ethnic origin, Directive 2000/78/EC banning discrimination on grounds of religion or belief, disability, age or sexual orientation, and finally Directive 2002/73/EC amending Directive 76/207/EEC barring sex discrimination in employment and occupation. And a correction in the paper by Kees J. Vos (Vol 21.3)
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Doyle, Brian. "Enabling Legislation or Dissembling Law? The Disability Discrimination Act 1995." Modern Law Review 60, no. 1 (January 1997): 64–78. http://dx.doi.org/10.1111/1468-2230.00066.
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Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (February 19, 2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.
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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related case law in the context of the education of students with disability in Australia. Content analysis of the articles indicated the existence of problems in several areas of the intersection between the law, policy and practice. These are outlined under five key themes: inclusion/exclusion, jurisdictions and definitions, the complaints-driven system, legislation clarity and reasonable adjustments. The review concludes with recommendations and suggestions for action.
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Nothdurft, John, and Hilary Astor. "Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales." Journal of Industrial Relations 28, no. 3 (September 1986): 336–52. http://dx.doi.org/10.1177/002218568602800302.
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Legislation in New South Wales proscribes discrimination, both direct and indirect, against people with disabilities. The coverage of the legislation is wide and includes dis crimination in all aspects of employment and the provision of education, accommo dation, goods and services, and in registered clubs. The procedures that must be followed by a person with a disability to establish that discrimination has taken place have, however, caused problems. This paper reviews the New South Wales legislation and its operation, particularly in relation to equal employment opportunity programmes and people with physical disabilities. It concludes with reconunendations for refining the law and the methods by which it is implemented.
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Ben-Youssef, Nadia, and Sandra Samaan Tamari. "Enshrining Discrimination: Israel's Nation-State Law." Journal of Palestine Studies 48, no. 1 (2018): 73–87. http://dx.doi.org/10.1525/jps.2018.48.1.73.
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In July 2018, the Israeli Knesset passed Basic Law: Israel – The Nation-State of the Jewish People (Nation-State Law). This article highlights three of the law's central premises: the entrenched supremacy of Jewish settlers; the erasure of indigenous Palestinians; and, with reference to borders, the effective annexation of those parts of historic Palestine that were occupied in 1967. The authors reflect on the passage of the law within a broader history of settler colonialism and in the current global context of growing authoritarianism and overt institutionalized racism. The passage of such a colonial piece of constitutional legislation in 2018 is a testament to the continued resistance of Palestinians and the growing movement for Palestinian rights. The authors argue that the alternative to the exclusionary Nation-State Law, a rights-based, people-centered framework, is a promising avenue to not only secure Palestinian rights, but also advance a universal struggle for equality and historical justice.
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Reljanovic, Mario. "Implementation of anti-discrimination legislation in the sphere of labor." Temida 17, no. 2 (2014): 95–113. http://dx.doi.org/10.2298/tem1402095r.
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The establishment of an anti-discrimination normative framework concluded with the adoption of Anti-discrimination Law in 2009. In the intervening five years since its implementation there has been various difficulties, doubts and misinterpretations in case law. This is particularly evident in the field of labor engagement, where discrimination is traditionally very common, and consequently there is a necessity for efficient protection of employees. The aim of this research is to analyze and resolve problems perceived in practice, to point out misinterpretations and misapplications of anti- discriminatory norms in general, particularly in the field of labor, and to suggest solutions that would lead in following years to a harmonization of practices and therefore better protection of workers exposed to discrimination. The article highlights good practices and experiences of free legal aid providers as important elements in understanding the peculiarities of court procedures regarding discrimination in the sphere of labor.
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Hewitt, Anne. "Can A Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?" Federal Law Review 41, no. 1 (March 2013): 35–70. http://dx.doi.org/10.22145/flr.41.1.2.
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Anti-discrimination law in Australia is at a crossroads. After four decades of proliferation of legislation to regulate discrimination, national attention has turned from increasing regulation to legislative consolidation and reform. This article contributes a theoretical analysis to the reform debate. Two liberal theoretical justifications for prohibiting discrimination, harm and redistributive justice, are considered. This investigation assists to determine when the state should intervene in order to restrict discrimination, and whether state and territory anti-discrimination regimes have a legitimate continuing role in Australia's legislative landscape.
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Donohue, John J. "Further Thoughts on Employment Discrimination Legislation: A Reply to Judge Posner." University of Pennsylvania Law Review 136, no. 2 (December 1987): 523. http://dx.doi.org/10.2307/3312067.
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Bárd, Petra. "The German Anti-Discrimination Legislation with a Special Focus on Disability." Acta Juridica Hungarica 47, no. 3 (September 1, 2006): 273–301. http://dx.doi.org/10.1556/ajur.47.2006.3.-4.
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Bárd, Petra. "The German Anti-Discrimination Legislation with a Special Focus on Disability." Acta Juridica Hungarica 47, no. 3 (September 2006): 273–301. http://dx.doi.org/10.1556/ajur.47.2006.3.4.
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Stephenson, Jacqueline, and Natalie Persadie. "Anti-discrimination legislation in the Caribbean: is everyone protected?" Equality, Diversity and Inclusion: An International Journal 38, no. 7 (September 16, 2019): 779–92. http://dx.doi.org/10.1108/edi-11-2017-0238.
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Purpose The purpose of this paper is to examine employment discrimination in the English-speaking Caribbean by analysing evidence from jurisdictions where anti-discrimination legislation has been enacted (namely Guyana, St Lucia and Trinidad and Tobago (T&T)). Design/methodology/approach This paper reviews existing anti-discrimination legislation in the three named countries, along with available court and tribunal decisions, with a view of determining whether the protections reasonably cover all minority groups. Findings It has been shown that, despite the existence of anti-discrimination law in T&T, St Lucia and Guyana, discrimination is still reported. T&T is the only jurisdiction with a functioning Equality Opportunity Commission and Tribunal, and where a wide range of cases has been adjudicated, relative to St Lucia and Guyana. Research limitations/implications Legislators and policy makers may wish to consider the findings of this research in making legislative amendments or enacting new laws, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting the law (and their responsibilities to protected groups) and its intended impact on HR practice and, where necessary, make changes where current practices are incongruent with the legislation. Practical implications Legislators and policy makers may consider the findings of this research in making legislative amendments, with a view to broadening the range of protections. Organisational practitioners may use the findings to assist them with interpreting and implementing the law. Originality/value This paper reviews current Caribbean anti-discrimination legislation and cases, which to date has not been done. It highlights the omission of sexual orientation from legislation enacted across the region. There is currently a paucity of research on employment discrimination within Caribbean territories and specifically as it relates to the effect of applicable legislation. Consequently, this paper establishes a benchmark for future researchers and it informs organisational and societal stakeholders as to what may constitute prohibited practices.
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Carlson, Laura. "Comparative Discrimination Law: Historical and Theoretical Frameworks." Brill Research Perspectives in Comparative Discrimination Law 1, no. 1 (November 17, 2017): 1–136. http://dx.doi.org/10.1163/24522031-12340001.
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AbstractHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The national frameworks examined are the United States, the United Kingdom and Sweden, focusing on the historical developments in each of the countries with respect to discrimination legislation. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. These include access to justice, comparative law method, feminist legal theory, critical race theory, post-colonial theory, queer theory and intersectionality.
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Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.
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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.
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Kanstroom, Emily. "Justifying Torture: Explaining Democratic States’ Noncompliance With International Humanitarian Law." Frontiers: The Interdisciplinary Journal of Study Abroad 14, no. 1 (December 15, 2007): 51–95. http://dx.doi.org/10.36366/frontiers.v14i1.202.
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This article presents an undergraduate student research project about the relationship of liberal democratic countries to international humanitarian law legislation through a comparison between the United States and France conducted in Paris, France.
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Ryzhenkov, Anatoliy Ya. "The Discrimination Prohibition Principle in Family Law: Issues of Theory and P ractice." Family and housing law 1 (January 14, 2021): 19–22. http://dx.doi.org/10.18572/1999-477x-2021-1-19-22.
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The article examines one of the fundamental principles of Russian family law. After analyzing the current legislation and judicial practice, the author argues that in modern Russia, there is no family discrimination based on social, racial, national, linguistic or religious affiliation, but it persists on the basis of gender, which requires adjustment of family legislation.
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Ferri, Delia, and Silvia Favalli. "Defining Disability in the European Union Nondiscrimination Legislation: Judicial Activism and Legislative Restraints." European Public Law 22, Issue 3 (September 1, 2016): 541–67. http://dx.doi.org/10.54648/euro2016033.
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To date European Union anti-discrimination legislation, particularly the Employment Equality Directive (Directive 2000/78/EC), does not provide any clear definition of disability as a ground of discrimination. In the last few years, the Court of Justice of the European Union (CJEU) has attempted to fill this gap and discussed the concept of disability in several decisions, in the attempt to provide a definition of the ground of disability. The ratification by the European Union of the UN Convention on Rights of Persons with Disabilities (UNCRPD), has led to a clear overruling in the case law: the Court shifted from the medical model to the social model of disability. The UNCRPD now represents a milestone for the CJEU, which recognized that a duty arises to define disability in line with the social model, under the principle of consistent interpretation. Against this background, this article discusses CJEU case law, and compares and contrasts the judicial activism of the Court with the cautious approach adopted by the European Commission in the proposal for a new non-discrimination directive.
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Lacey, Nicola. "Legislation against Sex Discrimination: Questions from a Feminist Perspective." Journal of Law and Society 14, no. 4 (1987): 411. http://dx.doi.org/10.2307/1410256.
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Carty, Hazel. "Formal investigations and the efficacy of anti-discrimination legislation." Journal of Social Welfare Law 8, no. 4 (July 1986): 207–14. http://dx.doi.org/10.1080/09649068608413538.
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Protopapa, Venera. "From Legal Mobilization to Effective Migrants’ Rights: The Italian Case." European Public Law 26, Issue 2 (June 1, 2020): 477–507. http://dx.doi.org/10.54648/euro2020052.
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The article analyses the process of legal mobilization for migrants’ rights and investigates how and with what effects, measured in terms of obtaining general policy response and ensuring implementation, legal actors and in particular civil society organizations have mobilized EU, international and domestic legislation on discrimination to promote migrants’ rights in Italy. It focuses in particular on two issues: access to employment in the public sector and access to welfare. Both issues have generated significant levels of litigation in domestic courts, with increasing involvement of civil society organizations. In relation to both, national legislation has been amended, in accordance with EU law, allowing access to employment in the public sector and extending the area of those that have the right to access to social welfare under equal conditions to categories of migrants protected under EU law. The article outlines the EU, International and domestic legislation on non-discrimination and equality for migrants, provides an overview of how litigation has been used to challenge in court the exclusion of migrants from employment in the public sector and welfare, tracks the process that brought to the reform and litigation in the aftermath highlighting the effects of litigation as a means for policy response and implementation. Discrimination, multilevel protection, migrants, welfare, employment, legal mobilization, policy response, implementation, civil society, courts.
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Flower, Joanna. "Negotiating European Legislation: The Services Directive." Cambridge Yearbook of European Legal Studies 9 (2007): 217–38. http://dx.doi.org/10.1017/s1528887000002809.
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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.